Activities of Florent MARCELLESI related to 2016/2328(INI)
Plenary speeches (1)
Minimum standards on the rights, support and protection of victims of crime (debate) ES
Shadow reports (1)
REPORT on the implementation of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime PDF (727 KB) DOC (83 KB)
Amendments (24)
Amendment 20 #
Motion for a resolution
Recital A
Recital A
A. whereas 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 (‘Victims’ Rights Directive’) seeks to place the victim of a crime at the centre of the criminal justice system, and aims to strengthen the rights of victims of crime so that any victim can rely on the same level of rights, no matter where the offence took place or, their nationality or residence status;
Amendment 35 #
Motion for a resolution
Recital F
Recital F
F. whereas there is still a systematic underreporting of incidences or perpetrators of domestic violence in the EU, particularly in cases involving minorities, migrants, people with dependent or precarious residence status, LGBTI persons, antisemitic offences, domestic and gender-based violence, trafficking and forced labour victims;
Amendment 41 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas even if under Article 1 of the Directive all victims of crime are granted equal rights without discrimination, in reality most Member States have not put in place policies or processes to ensure that undocumented victims can safely report labour exploitation, gender-based violence, and other forms of abuse without the risk of immigration penalties, perpetuating their vulnerability to abuse and impunity for perpetrators; whereas due to the lack of these policies or processes, crimes go unreported and make society less safe; whereas this reality disproportionately affects women and girls, who are also more exposed to trafficking and sexual exploitation;
Amendment 49 #
Motion for a resolution
Recital G
Recital G
G. whereas victims are often not well informed of the process and its outcomes; whereas all too often victims are unexpectedly informed of the release of an offender through media or other external factors;
Amendment 58 #
Motion for a resolution
Recital I – indent 4
Recital I – indent 4
- ensuring equal accessibility for allto all victims, including persons with disabilities, LGBTI persons and child victims, to victim support services, particularly in the cases of LGBT victims of gender- based violence, including sexual violence, , and victims of hate crimes and honour- related crimes;
Amendment 60 #
Motion for a resolution
Recital I – indent 4
Recital I – indent 4
- ensuring equal accessibility for all victims to victim support services, particularly in the cases ofand specialist support services, including in the cases of gender-based violence victims, LGBTI victims and victims of hate crimes and honour- related crimes;
Amendment 61 #
Motion for a resolution
Recital I – indent 4
Recital I – indent 4
- ensuring equal accessibility for all victims to victim support services, particularly in the cases of LGBT victims and victims of hate crimes and honour- related crimes, regardless of their residence status;
Amendment 82 #
Motion for a resolution
Paragraph 4 – indent 1
Paragraph 4 – indent 1
- weak links in the victim support system, including lack of sufficient access to legal aid and compensation and inconsistent referral mechanisms,
Amendment 83 #
Motion for a resolution
Paragraph 4 – indent 1
Paragraph 4 – indent 1
- shortcomings in victim support services, including weak links in the victim support system and inconsistent referral mechanisms,
Amendment 86 #
Motion for a resolution
Paragraph 4 – indent 3 a (new)
Paragraph 4 – indent 3 a (new)
- the absence of measures taken to ensure that the lack of or uncertain residence status poses no barrier to victims´ ability to assert their right to safely report crime, obtain protection, services and justice under the directive;
Amendment 103 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that EU citizens and third country nationals not residentshould enjoy the same level of rights in the EU country where they fall victim to a crime should enjoy the same level of rights as a resident and/or nationals as a resident and/or national, regardless of their residence status, and that victims of criminal offences committed in a Member State other than the one in which the victim resides can lodge their complaint to the competent authorities of the Member State of residence; notes, however, that this right is often undermined by the uncertainty of Member States provisions on extraterritoriality;
Amendment 107 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls on Member States to put in place measures that ensure that undocumented victims can safely report crime without the risk of immigration penalties, and obtain access to services (including shelters and other specialist services),protection and support, without discrimination;
Amendment 108 #
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Calls on Member State to enact legislation that provides avenues for undocumented victims, or victims with dependent residence status, to exit situations of abuse by making it possible to obtain independent residence status; and urges the European Commission to encourage and facilitate the exchange and evaluation of existing good practices among member states, which integrates the perspectives of victims and civil society;
Amendment 115 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the fact that individual assessments are crucial as they help the victim realise that he or she has certainto empowering all victims by informing them of their rights, and the right to make decisions, from the very beginning of the legal proceedings;
Amendment 134 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to ensure that all individual assessments are gender sensitive and to pay particular attention to the individual assessment of minors and of child victims of human trafficking;
Amendment 141 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to provide gender sensitive training programmes and guidelines for law practitioners, police officers, prosecutors and judge, judges and health professionals to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victims, as a means of reducing post-traumatic stress; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- set; trainings should include guidance on how to ensure the victims' right to be protected from coercion, abuse and violence and the right to respect their body and mental health integrity;
Amendment 142 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victims, as a means of reducing post-traumatic stress; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- setparticularly social workers and civil society organisations, in order to develop a victim-oriented mind-set; stresses that the training must be gender-sensitive and that it should emphasise non-discrimination as a cornerstone of the Directive;
Amendment 159 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Member States to provide measures – such as facilities for submitting complaints online or the removal of financial charges – that would facilitate the victim’s ability to lodge a complaint and obtain ofa copy of that complaint, and that ensure that undocumented victims can lodge complaints without the risk of immigration-related consequences;
Amendment 196 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States to guarantee assistance to victims from victim support services before, during and after criminal proceedings, including psychological support; deplores the fact that in some countries, governments rely heavily on NGOs to provide key support services to victims (‘volunteerism’), commends the work of these NGOs and calls on Member States to make available adequate resources to support their important work;
Amendment 197 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States to guarantee assistance to victims from victim support services before, during and after criminal proceedings, including psychological support; deplores th and health care and to ensure a gender perspective factross all support services; deplores that in some countries, governments rely heavily on NGOs to provide’s for the provision of key support services to victims (‘volunteerism’);
Amendment 200 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on all Member States to tackle impunity at all times and to work in a cross-sectoral way to identify and address systemic factors that contribute to repeat victimisation of people in situations of vulnerability and/or who face high levels of discrimination, as not doing so could have a severe impact the psychological recovery process of the victim;
Amendment 208 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Member States to guarantee support services such as trauma support and counselling and access to necessary healthcare, including sexual and reproductive health as a part of targeted support for victims withho have specific needs, such as children,women and people with disabilities;
Amendment 209 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Member States to guarantee support services such as trauma support and counselling as a part of targeted support for victims with specific needs, such as children and, people with disabilities and victims of exploitation;
Amendment 246 #
Motion for a resolution
Paragraph 37
Paragraph 37
37. Calls on the Member States to implement, properly and in full cooperation with the Commission and other relevant actors, including civil society, all provisions of the Victims’ Rights Directive;