Activities of Margarita DE LA PISA CARRIÓN related to 2022/0066(COD)
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
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence
Amendments (52)
Amendment 26 #
Proposal for a directive
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The Committee on Employment and Social Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality, as the committees responsible, to propose rejection of the proposal from the European Commission.
Amendment 180 #
Proposal for a directive
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–
The European Parliament rejects the Commission proposal.
Amendment 181 #
Draft legislative resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to Article 5 of the Treaty on European Union,
Amendment 190 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) We reject this proposal for a Directive because there is no sufficient legal basis for certain provisions of this legislative draft and because it trespasses on Member States’ competences, thus infringing the principles of conferral, subsidiarity and proportionality set out in Article 5 of the Treaty on European Union. Thus, this proposal for a Directive is based on gender theories and seeks to legitimise itself and to legitimise the Istanbul Convention affirming the interpretative need for a gender perspective, which invalidates it as an international legislative reference point. This ideological overlapping in the development of certain offences is to the detriment of human dignity and favours misconceived and unjust laws. Such a perspective violates offence-based criminal law in favour of offender-based criminal law. Democratic criminal law is an offence-based criminal law and not an offender-based criminal law, since criminal law must confine itself to imposing sanctions on conduct that violates the provisions of criminal law and is detrimental to a legal interest, of all and for all. In the definition provided by criminal jurisprudence of offence-based criminal law, individuals are responsible for their conscious and free actions, namely, for the commission of conduct known and intentionally carried out by them, which under the express and pre- existing provisions of the law is contrary to the fundamental interests of society and its members and thus merits the imposition of a sanction on offenders. There can thus be no justification for sanctioning, as this Directive, because of its express and underlying ideology, attempts to do, certain persons (males) on the grounds that they are considered potentially dangerous or assumed to be aggressors. Such an approach also involves straying into the criminal law of will or intent, and thus abandoning the principles of fact, culpability and legality. Thus, it is not for a legislative text to take an approach that includes subjective evaluations and ideological prejudices that discriminate against males purely on the grounds of their sex.
Amendment 191 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) This proposal for a Directive is fundamentally flawed through the attempt to apply gender theories as an interpretative element of the proposal. In addition, it is flawed because including such theories leads to a misconfiguration of offences through the addition of the element of subjectivity. As a result, concepts are included that implicitly involve value judgements that are damaging to men and infringe principles such as equality, the presumption of innocence and good faith. Such principles must not be viewed as subordinate to the issue of whether the individual concerned is a man or a woman.
Amendment 192 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The Directive must be based on equality, the presumption of innocence and good faith, and these must not be viewed as subordinate to a person’s sex.
Amendment 193 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) If this proposal for a Directive were to be changed to remove its ideological approach and interference in matters which fall within the competence of Member States, it would provide a comprehensive framework to effectively combat any type of violence, whether against men or women, if we include the family as the environment best placed to provide protection for women and any family member since it is the best environment in which affection, virtues and values may develop that make up the rest of people.
Amendment 194 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) Rape is a form of aggression that is already defined in Member States’ criminal codes. When any type of force, abuse and/or exploitation of a victim’s vulnerability is present, as may be the case where the victim is a woman or a minor, this must be considered to be an aggravating factor.
Amendment 195 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) This Directive must respect the principles enshrined in the Treaty on European Union regarding conferral, subsidiarity and proportionality, giving precedence to respect for Member States’ sovereignty.
Amendment 196 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) The Directive must be based on equality, the presumption of innocence and good faith, and these must not be viewed as subordinate to a person’s sex.
Amendment 197 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) The inclusion of interpretative elements in the evaluation of the facts of offences distorts the objectivity of the provisions.
Amendment 198 #
Proposal for a directive
Recital 1 c (new)
Recital 1 c (new)
(1c) Rape is a form of aggression that is already defined in Member States’ criminal codes. When any type of force, abuse and/or exploitation of a victim’s vulnerability is present, as may be the case where the victim is a woman or a minor, this must be considered to be an aggravating factor.
Amendment 199 #
Proposal for a directive
Recital 1 c (new)
Recital 1 c (new)
(1c) The Directive must be confined to areas which are within the competence of the European Union. Therefore, only violence of a cross-border nature may be addressed and the details may not conflict with regulations already in existence within the framework of national sovereignty.
Amendment 200 #
Proposal for a directive
Recital 1 c (new)
Recital 1 c (new)
(1c) The Directive must be confined to areas which are within the competence of the EU. Therefore, only violence of a cross-border nature may be addressed and the details may not conflict with regulations already in existence within the framework of national sovereignty.
Amendment 201 #
Proposal for a directive
Recital 1 c (new)
Recital 1 c (new)
(1c) The Directive must be based on equality, the presumption of innocence and good faith, and these must not be viewed as subordinate to a person’s sex.
Amendment 202 #
Proposal for a directive
Recital 1 c (new)
Recital 1 c (new)
(1c) The inclusion of interpretative elements in the evaluation of the facts of offences distorts the objectivity of the provisions.
Amendment 203 #
Proposal for a directive
Recital 1 d (new)
Recital 1 d (new)
(1d) The family is the natural environment of protection and stability, where affection is developed between family members and individuals show their trust in each other. Any transgression of such stability must be considered as aggravating the offence.
Amendment 204 #
Proposal for a directive
Recital 1 d (new)
Recital 1 d (new)
(1d) The family is the natural environment of protection and stability, where affection is developed between family members and individuals show their trust in each other. Any transgression of such stability must be considered as aggravating the offence.
Amendment 205 #
Proposal for a directive
Recital 1 d (new)
Recital 1 d (new)
(1d) The inclusion of interpretative elements in the evaluation of the facts of offences distorts the objectivity of the provisions.
Amendment 206 #
Proposal for a directive
Recital 1 e (new)
Recital 1 e (new)
Amendment 207 #
Proposal for a directive
Recital 1 f (new)
Recital 1 f (new)
(1f) The family is the natural environment of protection and stability, where affection is developed between family members and individuals show their trust in each other. Any transgression of such stability must be considered as aggravating the offence.
Amendment 208 #
Proposal for a directive
Recital 1 g (new)
Recital 1 g (new)
(1g) Rape is a form of aggression that is already defined in Member States’ criminal codes. Any form of force, abuse and/or exploitation of the victim’s vulnerability must be considered to be an aggravating factor.
Amendment 232 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) This Directive contains definitions or neologisms such as ‘femicide’, and this infringes the principle of equality between men and women and the presumption of innocence, by attempting to classify men as presumed aggressors and victimising women.
Amendment 233 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
Amendment 234 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) To comply with the law, definitions of offences should not contain neologisms such as the concept of ‘femicide’, which prejudges men as presumed aggressors and victimises women, infringing the principle of equality.
Amendment 235 #
Proposal for a directive
Recital 4 c (new)
Recital 4 c (new)
(4c) To comply with the law, definitions of offences should not contain neologisms such as the concept of ‘femicide’, which prejudges men as presumed aggressors and victimises women, infringing the principle of equality.
Amendment 236 #
(4d) The presumption of innocence is a principle that must always and in all cases be abided by when assessing or judging whether or not an intention or act constitutes an offence.
Amendment 237 #
Proposal for a directive
Recital 4 e (new)
Recital 4 e (new)
(4e) Changing offences in such a way that actors and victims are judged on the basis of a person’s characteristics or nature infringes the principle of equality which, together with good faith, constitutes the foundation of natural trust in human relations.
Amendment 265 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Legislation and offences must not be distorted by ideological views that assume structural discrimination that is not objective in all cultural and social situations and contexts.
Amendment 266 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) The law must be based on facts, not on mere interpretations or assumptions.
Amendment 279 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) National legislation contains the elements of assessment and the legal tools required to respond to any situations that may occur with regard to violence without the need for supranational regulatory frameworks that lead to a homogeneous vision that is not in line with national constitutions or provisions.
Amendment 283 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) This Directive is based on the Istanbul Convention, which has the aim of including a gender perspective in the implementation and evaluation of the impact of its provisions.
Amendment 300 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The principle of intersectionality creates a systematic presumption of conflict between opposing scenarios, adopting novel theories that are without any scientific or anthropological basis and that do not correspond to the reality of relationships, at the same time denying the equality and harmony between persons that is required.
Amendment 314 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) It should be borne in mind that in order for an offence to be deemed to exist it is not sufficient for certain circumstances to be present or even the existence of consent. Disorderly conduct may compromise thinking and even willpower, and this shall not under any circumstances justify consent that does not procure the personal good and the common good. It is necessary to appeal to natural law and the moral order to ensure that no conduct is ever justified unless it seeks to achieve good and prevent evil.
Amendment 316 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Consent to the sexual act must be a genuine human act; in other words, it must be conscious, free and voluntary and must not be susceptible to misinterpretation.
Amendment 317 #
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13b) Any act of aggression upon a person may not be justified on the grounds of alleged consent.
Amendment 318 #
Proposal for a directive
Recital 13 c (new)
Recital 13 c (new)
(13c) There are acts that by their very nature inherently involve aggression, and such acts cannot therefore be justified on the grounds of consent, but must be judged as aggressive acts.
Amendment 354 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Mutilation always and in all cases involves unjustified aggression to the physical integrity and dignity of a person, even when practised in a health context.
Amendment 368 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Offences and penalties must not be defined solely by certain groups under the pretext of fashionable cultural constructs that are asserted to be true, or the influence of pressure groups.
Amendment 456 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) Any barring order must be based on a formal complaint duly accompanied by evidence of the alleged criminal act. Victim protection measures must always be taken, in all cases.
Amendment 470 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) Any form of evidence, whether past, present or future, that might clarify the nature of the criminal acts should be permitted, without prejudice to the requisite discretion requiring the privacy and dignity of the person concerned to be maintained.
Amendment 493 #
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44a) Any procedural provision must comply with and not infringe the legal principles enshrined in the legislation of Member States.
Amendment 580 #
Proposal for a directive
Recital 55 a (new)
Recital 55 a (new)
(55a) To ensure the best interests of the child, men must not be stigmatised in relation to women.
Amendment 582 #
Proposal for a directive
Recital 55 b (new)
Recital 55 b (new)
(55b) Child custody decisions must ensure the child’s safety and must be based on a well-founded complaint with evidence.
Amendment 584 #
Proposal for a directive
Recital 55 c (new)
Recital 55 c (new)
(55c) A court decision on child custody that takes an excessively long time may cause irreparable damage to those concerned.
Amendment 610 #
Proposal for a directive
Recital 58 a (new)
Recital 58 a (new)
(58a) Sex education must always include the emotional dimension, avoiding a utilitarian view of relationships that does not respect people’s dignity; such a view may, moreover, be detrimental to all the different dimensions of a person.
Amendment 611 #
Proposal for a directive
Recital 58 b (new)
Recital 58 b (new)
(58b) In all interpersonal relationships there must be respect and love, ensuring harmony and the healthy coexistence of the relationships.
Amendment 612 #
Proposal for a directive
Recital 58 c (new)
Recital 58 c (new)
(58c) Promoting policies to strengthen family harmony and stability makes it possible to develop optimal environments for growth and learning in which to experience security and trust, which protect people in their dealings with society.
Amendment 619 #
Proposal for a directive
Recital 59 a (new)
Recital 59 a (new)
(59a) Using education to promote a specific ideological view amounts to brainwashing children.
Amendment 638 #
Proposal for a directive
Recital 61 a (new)
Recital 61 a (new)
Amendment 652 #
Proposal for a directive
Recital 64 a (new)
Recital 64 a (new)
(64a) Any methodology for the drafting of reports must always respect objective data, rather than attempt to impose an ideology on them.
Amendment 660 #
Proposal for a directive
Recital 68 a (new)
Recital 68 a (new)
(68a) Alleged consent by a minor to a sexual act can under no circumstances be accepted as a way of justifying or decriminalising an intrinsically reprehensible criminal act.