Activities of Nathalie GRIESBECK related to 2011/0129(COD)
Plenary speeches (1)
Minimum standards on the rights, support and protection of victims of crime (debate)
Amendments (23)
Amendment 164 #
Proposal for a directive
Recital 17
Recital 17
(17) Some victims are particularly vulnerable during criminal proceedings to secondary and repeat victimisation and to intimidation by the offender or his associates. Such vulnerability can broadly be identified from the personal characteristics of the victim and the type or nature of the crime. On this basis some victims such as children, persons with disabilities, asylum seekers, victims of sexual violence and, victims of human trafficking victims of torture and victims of inhuman or degrading treatment are in most cases vulnerable to further victimisation and in need of special protection measures. Only in exceptional circumstances, such as balancing the fundamental rights of the accused or suspected person, or where the victim so wishes, should access to such protection measures be limited. In the case of victims of human trafficking and victims of child sexual abuse, sexual exploitation and child pornography, where specific and more detailed provisions are already included in separate instruments adopted or in course of negotiation this Directive does not deal with those same matters.
Amendment 187 #
Proposal for a directive
Recital 20
Recital 20
(20) In applying the provisions of this Directive, children's best interests must be a primary consideration, in accordance with the Charter of Fundamental Rights of the European Union and the 1989 United Nations Convention on the Rights of the Child. Special regard should be paid to children, and in particular to unaccompanied children, as they need protection, support and specific assistance due to their particularly vulnerable position. Member States should ensure there are suitable safeguards in place to provide children with the appropriate protection and should take all necessary steps to ensure that the specific actions to assist and support children in their physical and psycho-social recovery are undertaken following an individual assessment of the special circumstances of each particular child victim. Professionals likely to come into contact with child victims should also receive suitable training on the rights and needs of children of different age groups, as well as on the type of proceedings best suited to them.
Amendment 199 #
Proposal for a directive
Recital 24
Recital 24
(24) Any officials in criminal proceedings likely to come into contact with victims should be trained to identify and meetable to access and receive appropriate training so they are able to identify victims, to deal with them, to identify their needs of victimsand meet these both through initial and ongoing training and to a level appropriate to their contact with victims. This should include specialist training as appropriate. Member States should promote this training requirement for the following: police services, lawyers, health services, social services and social workers, judges and staff within the judicial authorities, staff responsible for the protection of children’s rights and any other person likely to come into contact with victims in the course of their duties.
Amendment 268 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Where the victim is a child, it is essential that he or she is given all the information cited in the first paragraph in an appropriate way. This information shall be easily accessible and provide clear guidance on the relevant procedures.
Amendment 293 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
For the purposes of the first paragraph, particular attention shall be brought to bear where the victim is a child.
Amendment 330 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall promote the setting up orand development of specialist support services for all victims with special needs as identified in Article 18, including specialist support services for children, for victims of gender-related violence, victims of violence in close relationships and for their family members, in addition to general victim support services.
Amendment 343 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Child victims shall be given the opportunity to play an active part in criminal proceedings so as to have their testimony taken into account.
Amendment 401 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that measures are available to protect the safety of victims and their family members from retaliation, intimidation, repeat or further victimisation. When requested by the victims, these measures shall include non disclosure of the personal characteristics taken into account in the individual assessment referred to in Article 18.
Amendment 413 #
Proposal for a directive
Article 18 – paragraph 1 – point b a (new)
Article 18 – paragraph 1 – point b a (new)
ba) Asylum seekers and refugees;
Amendment 414 #
Proposal for a directive
Article 18 – paragraph 1 – point b b (new)
Article 18 – paragraph 1 – point b b (new)
bb) The elderly;
Amendment 415 #
Proposal for a directive
Article 18 – paragraph 1 – point b c (new)
Article 18 – paragraph 1 – point b c (new)
bc) Unaccompanied minors;
Amendment 428 #
Proposal for a directive
Article 18 – paragraph 2 – point b a (new)
Article 18 – paragraph 2 – point b a (new)
ba) Victims of torture or of inhuman or degrading treatment;
Amendment 449 #
Proposal for a directive
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a). Member States shall ensure that the individual assessments referred to in paragraphs 3 and 4 are carried out at regular intervals throughout the criminal proceedings in order to take account of any changes in the personal characteristics or circumstances, needs and wishes of victims. Individual assessments shall take into account the following factors: a) the personal characteristics of the victim such as age, gender, gender identity, ethnicity, race, religion, sexual orientation, state of health, disability, communication difficulties, relationship to or dependence on the suspected or accused person, previous experience of crime; b) the type and nature of the crime, the fact that the motives for the crime were discriminatory and related to personal characteristics of the victim such as age, gender, gender identity, ethnicity, race, religion, sexual orientation, state of health, disability, communication difficulties, relationship to or dependence on the suspected or accused person, previous experience of crime; c) the circumstances of the crime such as the fact that a person was victimised abroad; d) the type or nature of the crime such as where exploitation or physical or sexual violence has been used; e) the wishes of the victim with specific needs including if they do not wish to benefit from special measures.
Amendment 488 #
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Without prejudice to the rights of the defence, during criminal investigations Member States shall take steps to ensure that: a) interviews with the child victim take place without unjustified delay after the facts have been reported to the competent authorities; b) interviews with the child victim take place, where necessary, in premises designed or adapted for this purpose; c) interviews with the child victim are carried out by or through professionals trained for this purpose; d) the same persons, if possible and where appropriate, conduct all the interviews with the child victim; e) the number of interviews is as limited as possible and interviews are only carried out where strictly necessary for the purpose of criminal investigations and proceedings; f) the child victim may be accompanied by his or her legal representative or, where appropriate, by an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.
Amendment 489 #
Proposal for a directive
Article 22 – paragraph 1 b (new)
Article 22 – paragraph 1 b (new)
1b. Member States shall, in accordance with the role of victims in the justice system concerned, ensure that child victims have access without delay to free legal counselling and to free legal representation, including for the purpose of claiming compensation, unless they have sufficient financial resources.
Amendment 490 #
Proposal for a directive
Article 22 – paragraph 1 c (new)
Article 22 – paragraph 1 c (new)
1c. Member States shall take steps to ensure that during criminal proceedings, the judge may order that: a) the hearing shall take place without the presence of the public; b) the child victim may be heard in the courtroom without being present, notably through the use of appropriate communication technologies.
Amendment 491 #
Proposal for a directive
Article 22 – paragraph 1 d (new)
Article 22 – paragraph 1 d (new)
1d. Member States shall take the necessary measures, where required in the interest of the child victims and taking into account other overriding interests, to protect their privacy, their identity and their image, and to prevent the public dissemination of any information that could lead to their identification.
Amendment 492 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall ensure that judicial authorities may adopt during the court proceedings, appropriate measures to protect the privacy, personal data and photographic images of victims and their family members.
Amendment 507 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that police, prosecutors and, judges, court staff, lawyers, the emergency services, health services, social services and any other people likely to come into contact with victims receive both general and specialist training to a level appropriate to their contact with victims to sensitise them to the needs of victims and to deal with them in an impartial, respectful and professional manner.
Amendment 512 #
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Member States shall propose and encourage suitable specialist training on child victims, victims of gender-related violence and victims of violence in close relationships. Professionals likely to come into contact with these victims shall receive suitable training on the rights and needs of children of different age groups, as well as on the type of proceedings best suited to their needs.
Amendment 524 #
Proposal for a directive
Article 24 – paragraph 4
Article 24 – paragraph 4
4. In accordance with the duties involved, and the nature and level of contact the practitioner has with victims, training shall as a minimum include matters relating to the impact that crime has on victims, the risks of intimidation, repeat and secondary victimisation and how these can be avoided and, the availability and relevance of support to victims, and the professional qualifications, knowledge and conduct needed to assist victims.
Amendment 531 #
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. Member States shall encourage research into cooperation and collaboration between victim support services, and innovative projects to improve skills and victim support and share their experience in this field.
Amendment 538 #
Proposal for a directive
Article 27
Article 27
Member States shall communicate to the European Commission data related to the application of national procedures on victims of crime by [two years after the date of adoption] at the latest, with due regard for the fundamental principles of privacy and the protection of personal data.