230 Amendments of Sophia IN 'T VELD related to 2022/0066(COD)
Amendment 185 #
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to provide a comprehensive framework to effectively combat violence against women and domestic violence throughout the Union. It does so by strengthening and introducing measures in the following areas: the definition of relevant criminal offences and penalties, the protection of victims and access to justice, victim support, prevention, coordination and cooperation at national and EU-level by ensuring a multi-agency and multi- disciplinary approach and enhanced data collection on violence against women and domestic violence.
Amendment 213 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) Gender-based violence is a serious obstacle to the participation of women and girls and other victims in in all spheres of private and public life and make them unable to fully enjoy their rights and fundamental freedoms.
Amendment 215 #
Proposal for a directive
Recital 3
Recital 3
(3) Violence against women and domestic violence violate fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protectionthe right to liberty and security, personal data protection, the right to freedom from discrimination, including on the grounds of sex, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union.
Amendment 217 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The possibility to have a common EU framework gender-based violence and protecting its victims is currently limited due to the available legal basis. In order to finally have a comprehensive EU framework for fighting against all forms of gender-based violence and properly protecting victims, it is imperative to urgently extend the areas of crime in accordance with Article 83(1) of the Treaty on the Functioning of the EU to include gender-based violence.
Amendment 218 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) The Council of Europe Convention on preventing and combating violence against women (‘Istanbul Convention’) is the first legally binding international instrument on preventing and combating violence against women and girls at international level. Although six Member States - Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia - have not ratified the Convention, the European Court of Justice clarified in its Opinion of 6 October 2021 that the Council may not make finding a 'common accord' a prerequisite for the decision on accession to the Convention by the EU, which should be made based on a qualified majority. The Council should therefore abide by the ruling of the Court and ratify the Istanbul Convention as soon as possible by qualified majority.
Amendment 220 #
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, female genital mutilation, forced sterilisation, forced prostitution, 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, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation , so-called “honour crimes”, and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material material, as well as the denial of sexual and reproductive health and rights, including the right to safe and legal abortion. 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 230 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Sexual and reproductive health and rights (SRHR), including safe and legal abortion care, constitute a fundamental right. Criminalising, delaying and denying access to SRHR constitutes a form of violence against women and girls. These restrictions and bans do not reduce the number of abortions, but only force people to travel long distances or to resort to unsafe abortions and affect the people who are most lacking in resources and information. Despite general progress in SRHR protection, backsliding on the right to access safe and legal abortion is currently a grave concern, including in some Member States, such as Poland, Slovakia, Hungary. Therefore, to protect fundamental rights, the right to safe and legal abortion should be included in the Charter of Fundamental Rights of the EU, as already called for by the European Parliament.1a _________________ 1a European Parliament’s resolution of 7th July 2022 on the US Supreme Court decision to overturn abortion rights in the United States and the need to safeguard abortion rights and women’s health in the EU
Amendment 247 #
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, the so called “witness violence”, and psychological harm, which impacts their development. Therefore, such children should always be considered victims and benefit from targeted protection measures.
Amendment 251 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Special attention should also be paid to children orphans due to violence against women and domestic violence, as they are faced by a situation of special vulnerability, with the psychological and emotional impact that this entails. These children must have targeted protection measures and support, particularly during relevant criminal and civil proceedings.
Amendment 262 #
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is a violation of human rights 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 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 269 #
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 can take on various forms, including physical, sexual, psychological, emotional, and economic and can occur within a range of relationships. Victims of domestic violence include not only partners, but also children or other relatives. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.
Amendment 282 #
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, 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, as well as the United Nations Convention on the Rights of Persons with Disabilities (CRPD). _________________ 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 292 #
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. Member States should therefore pay due regard to victims affected by such intersectional discrimination, 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, women with dependent residence status or permit, and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
Amendment 330 #
Proposal for a directive
Recital 15
Recital 15
(15) With regard to offences amounting to rape, offenders who have been previously convicted of offences of the same nature should be obliged to participate in intervention programmes toOffenders convicted of offences of violence against women and domestic violence should be obliged to participate in intervention programmes to help them understand and recognise their responsibility, change their harmful attitudes and behaviours as well as to adopt non-violent behaviour in interpersonal relationships and thus mitigate the risk of recidivism.
Amendment 344 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Forced sterilisation is another form of violence against women and a gross violation of human and fundamental rights, such as the rights to dignity, physical integrity, privacy and free and informed consent. It is a harmful and exploitative practice that removes the capacity of sexual reproduction of the victims and that is performed for the purpose of exerting social control over the victims. Roma women and girls, women and girls with disabilities and transgender people are particularly at risk of such violence, especially those with intellectual and psychosocial disabilities, and living in institutions. To combat this long-lasting practice, which perpetuates discrimination, stereotypes, violence and control over the person’s body, forced sterilisation should be specifically addressed by criminal law. Currently, only 9 EU Member States explicitly criminalise forced sterilisation as a distinct offence in their criminal code and at least 13 EU Member States still allow some forms of forced sterilisation in their legislation.1a This points out the divergences and gaps in national legislation and therefore justifies the introduction of the offence of forced sterilisation in this Directive. Specific emphasis should be given to the prior and informed consent of the woman or girl to undergo such procedure, which should not be substituted by the consent of a legal guardian. _________________ 1a https://www.edf- feph.org/content/uploads/2022/09/EDF_F S_0909-accessible.pdf
Amendment 361 #
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certainall forms of cyber violence. Cyber violence particularly targets and impacts women and girls, LGBTIQ people, 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. The investigation of offences related to cyber violence should therefore be carried out diligently to prevent inadequate investigation from effectively prosecuting such offences and increasing impunity.
Amendment 370 #
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 materialother end- users. 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 amplification.
Amendment 386 #
Proposal for a directive
Recital 21
Recital 21
(21) Minimum rules concerning the offence of cyber harassment should be laid down to counter initiating an attack with third parties or participating in such an attack directed at another person, by making threatening or insulting material accessible to a multitude ofother end- users. Such broad attacks, including coordinated online mob attacks, may morph into offline assault or cause significant psychological injury and in extreme cases lead to suicide of the victim. They often target prominent (female) politicians, journalists or otherwise well- known persons, but they can also occur in different contexts, for instance on campuses or in schools. Such online violence should be addressed especially where the attacks occur on a wide-scale, for example in the form of pile- on harassment by a significant amount of people. Moreover, repeated sending of threatening and insulting messages in private conversations is a very common form of violence against women, therefore it should also be covered, since such a conduct is still not properly addressed in some Member States. This should help advance the victims the access to justice.
Amendment 400 #
Proposal for a directive
Recital 24
Recital 24
(24) According to an EU-wide FRA survey in 2014, 67% of women did not report partner violence to the police or any other organisation. Victims should be able to report crimes of violence against women or domestic violence easily without being subject to secondary or repeat victimisation, especially those with disabilities and living in institutions, including through the use of Braille and sign language. To this end, Member States should provide the possibility to submit complaints online or through other accessible and secure information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour. Victims should have access to legal aid and assistance, free of charge and in a language they can understand, when reporting criminal offences and during judicial proceedings.
Amendment 411 #
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 suchall 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 and should act 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.
Amendment 414 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established. This can include questioning by competent authorities in simple and accessible language, paying special attention to child’s vulnerability.
Amendment 415 #
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, treported offences of violence against women or domestic violence should be processed and transferred without delay to the competent authorities for prosecution and investigation. The competent authorities should have the sufficient specialised staff, expertise and effective investigative tools to investigate and prosecute such crimes without undue delay.
Amendment 423 #
Proposal for a directive
Recital 28
Recital 28
(28) Victims of domestic violence and violence against women are typically in need of immediate protection orand specific support, for example in the case of intimate partner violence, where the rate of recidivism tends to be high. Therefore, an individual assessment to identify the victim’s protection needs 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 426 #
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 as well as the safety of other potential victims, such as children and other dependants, and providing tailored support, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender, victim´s disability or disability of their dependants.
Amendment 438 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) The individual assessment should be updated at regular intervals, especially in the case of changes in custody or rights of access, to ensure the protection measures relate to the victim’s current situation
Amendment 450 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) Relevant authorities and specialised services should ensure the provision of coordinated protection and support measures.
Amendment 451 #
Proposal for a directive
Recital 32 b (new)
Recital 32 b (new)
(32b) Ensuring the presence of specialised staff within Member States’ law enforcement authorities, prosecutors and judicial authorities is of great importance. The establishment of specialist courts or chambers and the designation of specialised prosecutors on violence against women and domestic violence should be encouraged as another option for Member States to ensure a holistic approach to combat these offences.
Amendment 453 #
Proposal for a directive
Recital 33
Recital 33
(33) Member States should take the necessary measures to ensure the availability of emergency barring, restraining and protection orders as well as the use of arrest and detention to ensure effective protection of victims and their dependants.
Amendment 460 #
Proposal for a directive
Recital 35
Recital 35
(35) PRestraining and protection orders may include prohibiting the offender or suspect to access certain localities; to approach the victim or dependant closer than a prescribed distance or to contact them, including through the use of online interfaces and to possess firearms or deadly weapons, where necessary.
Amendment 461 #
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35a) Restraining and protection orders should be adopted whenever the situation of risk to the victim makes it advisable, regardless of whether the victim has filed a complaint. Member States should encourage the use of electronic monitoring to ensure the enforcement of restraining and protection orders.
Amendment 465 #
Proposal for a directive
Recital 36
Recital 36
(36) In order to safeguard the effectiveness of emergency barring, restraining and protection orders, breaches of such orders should be subject to effective, proportionate and dissuasive penalties. Those penalties can be of a criminal law or other legal nature and may include prison sentences, fines or any other legal penalty that is effective, proportionate and dissuasive.
Amendment 472 #
Proposal for a directive
Recital 38
Recital 38
(38) Given the complexities and gravity of offences of violence against women and domestic violence and specific support needs of victims, Member States should ensure additional support and prevention of such offences is provided by designated specialised national bodies. Given their expertise in matters of discrimination on grounds of sex, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43 and 2010/41/EU44 of the European Parliament and of the Council, arcould be well placed to fulfil these tasks. Such bodiespecialised national bodies or other specialised relevant actors should in addition have legal standing to act on behalf or in support of victims of all forms of violence against women or domestic violence in judicial proceedings, including for the application for compensation and removal of online illegal content, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodiespecialised national bodies or other specialised relevant actors to effectively carry out their tasks, Member States should ensure that they are provided with sufficient human and financial resources. _________________ 42 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 37). 43 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23). 44 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the applicationof the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1).
Amendment 482 #
Proposal for a directive
Recital 39
Recital 39
(39) Certain offences covered by this Directive involve the increased risk of repeated, prolonged or even continuous victimisation. That risk occurs especially in relation to offences involving the making accessible to a multitude ofother end-users, through information and communication technologies, of material, resulting from certain offences of cyber violence, considering the ease and speed with which such material can be distributed on a large scale and the difficulties that often exist when it comes to removing such material. That risk typically remains even after a conviction. Therefore, in order to effectively safeguard the rights of the victims of those offences, Member States should be required to take suitable measures aimed at the removal of the material in question. Considering that removal at the source may not always be feasible, for instance because of legal or practical difficulties relating to the execution or enforcement of an order to remove, Member States should also be allowed to provide for measures to disable access to such material.
Amendment 487 #
Proposal for a directive
Recital 42
Recital 42
(42) The provisions of this Directive on orders and other measures for the removal and disabling access to relevant material should leave the relevant rules contained in Regulation XX/YYYY [proposed DSA Regulation]2022/2065 unaffected. In particular, those orders should comply with the prohibition of imposing general obligations of monitoring or active fact- finding and with the specific requirements of that Regulation regarding orders to remove illegal content online.
Amendment 489 #
Proposal for a directive
Recital 44
Recital 44
(44) In order to avoid secondary victimisation, victims should be able to obtain compensation in the course of criminal proceedings. Compensation from the offender should be full and should not be restricted by a fixed upper limit. It should cover all harm and trauma experienced by victims and costs incurred to manage the damages, including among other things costs for healthcare services, including sexual and reproductive and psychological health services, rehabilitation, therapy costs, impact on the victim’s employment situation, loss of earnings, psychological damages, and moral prejudice due to the violation of dignity. The amount of compensation should reflect that victims of domestic violence may have to uproot their lives in order to seek safety, entailing a possible change of employment or finding new schools for children or even creating a new identityVictims suffering psychological harm and trauma, especially with regards to cyberviolence, should also be able to obtain compensation. Compensation for psychological harm and trauma should be independent and never regarded as an “addition” or conditional on compensation for physical harm. The amount of compensation should reflect that victims of domestic violence may have to uproot their lives in order to seek safety, entailing a possible change of employment or finding new schools for children or even creating a new identity. Member States should ensure that when an offender, for any reason, does not abide by the decision to pay compensation to the victim within the agreed timeframe, the State takes over this obligation and takes all appropriate actions to reclaim it from the offender.
Amendment 497 #
Proposal for a directive
Recital 45
Recital 45
(45) Assistance and support to victims of violence against women and domestic violence should be provided before, during and for an appropriate period after the criminal proceedings have endedafter the offence occurs, 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 501 #
Proposal for a directive
Recital 46
Recital 46
(46) Specialised support services should provide support, advice and information on any relevant legal and practical matters as well as referrals to medical forensic examinations and comprehensive healthcare services to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence. All services and assistance should be organised and geographically distributed in such a way as to ensure reasonable distances and capacity for victims, with particular attention to rural and remote areas.
Amendment 510 #
Proposal for a directive
Recital 47
Recital 47
(47) Specialist support should offer victims support tailored to their specific needs, free of charge, available round the clock (24/7), and irrespective of any official complaint. Such services could be provided in addition to, or as an integrated part of, general victim support services, which may call on existing entities providing specialist support. In this regard, cooperation, coordination and a comprehensive support framework, including specific and clear referral pathways across all kinds of support as well as medical services are essential. Specialist support may be provided by national authorities, victims’ support organisations, or other non- governmental organisations. They should be granted sufficient, predictable and sustainable human and financial resources and, where the services are provided by non-governmental organisations, Member States should ensure that they receive appropriate funds, with adequately trained and specialised staff.
Amendment 525 #
Proposal for a directive
Recital 49
Recital 49
(49) Specialist support services, including shelters and, rape crisis centres, helplines and victims’ advice centres should be considered essential during crises and states of emergency, including during health crises. These services should continue to be offered in these situations, where instances of domestic violence and violence against women tend to surge. Taking stock of the lessons learned of the COVID-19 pandemic, when gender-based violence was considered the “shadow pandemic”, Member States should work towards a specific EU protocol on violence against women in times of crisis and emergency.
Amendment 532 #
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, comprehensive and long-lasting medical care, including sexual and reproductive healthcare as part of the clinical management of rape, emergency contraception, post-exposure prophylaxis, access to safe and legal abortion, 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 mutilaWhere a Member State's national law allows a competent health professional, or on some occasions entire medical institutions, whto are often girls, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victimfuse to provide sexual and reproductive healthcare on the basis of the so-called conscience clause, which leads to the denial of abortion care on grounds of religion or conscience, Member States should ensure that the ‘conscience’ clause does not put women’s timely access to SRH care at risk, by providing viable, effective and accessible alternative abortion services.
Amendment 539 #
Proposal for a directive
Recital 50 a (new)
Recital 50 a (new)
(50a) Similarly, victims of female genital mutilation, who are often girls, as well as victims of forced sterilisation typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims and that those specialist support services are carried out with the highest standards of privacy, intimacy and confidentiality.
Amendment 540 #
Proposal for a directive
Recital 50 b (new)
Recital 50 b (new)
(50b) Specialist support services for victims of cyberviolence should be appropriately equipped and easily accessible to offer psychological support, legal counselling and assistance for obtaining judicial orders for removal or disabling access to certain online material, assisting in the communication with relevant online intermediary service providers, including using notice and action mechanisms, and where relevant, assisting in the preservation and documentation of evidence. Cyber- violence is believe to be a more significant problem than what data currently suggest due to underreporting and its normalisation, therefore, it is of the highest importance for Member States to be equipped to be able to offer adequate support services to victims and counter this trend.
Amendment 547 #
Proposal for a directive
Recital 52
Recital 52
(52) Member States should ensure that national helplines are operated under the EU-harmonised number [116016] and this number is widely advertised as a public numberavailable for the victims of violence against women and domestic violence, 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. Member States should continue supporting existing specialised helplines on violence against women and domestic violence, run by non-governmental organisations or specialist support services, already playing a key role in counselling as well as supporting, advising and informing victims. Member States should ensure that their national helpline or helplines are connected to the EU harmonised number 116016 and that the end-users are adequately informed of the existence and use of such number. Member States may choose to keep their national helpline number or numbers and link it with the EU harmonised number. Member States shall ensure that national helplines are equipped to provide support also to persons not speaking the national language or languages, including through the option of telephone interpretation.
Amendment 560 #
Proposal for a directive
Recital 53
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situationincluding psychological health, financial situation, support in court proceedings and the well- being of their children, ultimately preparing victims for an autonomous life. Member States should ensure availability of women-only shelters, guaranteeing their sufficient geographical distribution and capacity. Shelters should also be adequately equipped to provide accommodation for victims with children.
Amendment 569 #
Proposal for a directive
Recital 54 a (new)
Recital 54 a (new)
(54a) Member States should ensure that in the legal process determining custody and rights of access, the relevant competent authorities take into account all incidents of violence against women or domestic violence, including when the child is a witness, as well as any restraining or protection orders issued. Criminal proceedings arising from a complaint about violence against women or domestic violence should be dealt in coordination with separation and custody proceedings to avoid situations where shared custody of the children is ordered and/or visitation rights imposed, endangering the rights and safety of both victims and their children. Risk assessments should also be carried out in the process of determining custody and rights of access of children, including for avoiding cases of vicarious violence.
Amendment 570 #
Proposal for a directive
Recital 54 b (new)
Recital 54 b (new)
(54b) During legal proceedings in relation to custody or access rights of children of victims of violence against women and domestic violence, courts and professionals should not use the ‘parental alienation syndrome’ or other similar concepts to deny child custody to the mother and grant it to a father accused of domestic violence, disregarding the possible risks for the child. GREVIO has noted that, for example, non-specialist courts have less understanding of the traumatic consequences for children of witnessing violence, often wrongfully attributing the children’s trauma response to ‘parental alienation syndrome’1a. _________________ 1a https://rm.coe.int/prems-055022-gbr- 2574-rapportmultiannuelgrevio-texte- web-16x24/1680a6e183
Amendment 576 #
Proposal for a directive
Recital 55
Recital 55
(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. If needed, tThe visits should take place in the presence of child protection or welfare officials. Where it is necessary to provide for interim accommodation, children should as a priority be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child should be always taken into accouprevail over a request of shared custody or rights of access of the violent parent.
Amendment 589 #
Proposal for a directive
Recital 56
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domestic violence, 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, with no or low income, with a minority racial or ethnic background, living in rural areas, women sex workers, sexual or gender-identity minorities, detainees, or older women, should receive specific protection and support.
Amendment 600 #
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. P are based on a three- pronged approach including primary, secondary as well as tertiary prevention, and ensure their adequate coordination. Primary preventive measures should aim to prevent violence from ever occurring, including through awareness-raising campaigns. Primary prevention should also take place in both in and outside formal education, in particular, through strengthening sexage-appropriate comprehensive sexuality and relationship education, equality education and socio- emotional competencies, empathy and developing healthy and respectful relationships. Secondary preventive measures shall be aimed at early detection of violence and prevention of its progression or escalation while tertiary prevention shall be focused on prevention of reoffending and revictimisation.
Amendment 621 #
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 likely to come into contact with victims receive adequate and tailored 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. Specific attention should be given to specialised training of competent authorities entering in contact with the victims, especially with the aim of facilitating the reporting of such offences and enabling swift and appropriate follow-up actions. Trainings should also cover elements on gender equality and discrimination, including intersectional discrimination, as well as prevention and identification of sexual harassment of the most marginalised groups, who are often the less believed when reporting, such as women with disabilities. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions should also receive training. These trainings should also cover assessments regarding sexual harassment at work 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. Training materials and activities should be regularly reviewed in consultation with victims, specialist services and other relevant actors. _________________ 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 629 #
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement and judicial authorities in the development of trainings in particular regarding harmful gender stereotypes, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims. Specific guidelines for law enforcement and judicial authorities concerning the proceedings in cases of violence against women and domestic violence should also be developed by Member States.
Amendment 640 #
Proposal for a directive
Recital 62
Recital 62
(62) Intervention programmes should be set up, with trained and skilled professionals, in close cooperation with specialist support services for victims, to prevent and minimise the risk of (repeated) offences of violence against women or domestic violence. 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 642 #
Proposal for a directive
Recital 62 a (new)
Recital 62 a (new)
(62a) The commitment of Member States in preventing and combatting violence against women and domestic violence should be shown by the development of national strategies in this regard. All Member States should have national strategies on preventing and combatting violence against women and domestic violence. These strategies should lay down their priorities, roles and coordination between competent authorities, specialist support services and civil society, coordination between criminal and civil proceedings in this area, among other topics. National strategies should be reviewed and updated regularly.
Amendment 643 #
Proposal for a directive
Recital 62 b (new)
Recital 62 b (new)
(62b) All measures included in this Directive need to be accompanied by sufficient, predictable and sustainable funding. This is especially important to ensure that national authorities and specialised support service providers, including non-governmental women´s specialist services, have sufficient funding and human, technical and technological resources for the effective and comprehensive implementation of this Directive.
Amendment 655 #
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 thefor monitoring of the prevalence and trends of violence against women and domestic violence, as well as the adequacy of responses and efficiency of law enforcement processes in this regard, and design new policy strategies in this field. When sharing the data collected, no personal data should be included. Publishing on a regular basis and making available in an accessible manner national data in relation to violence against women and domestic violence is of outmost importance.
Amendment 669 #
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 or domestic violence before, during or after criminal proceedingthe offence occurs;
Amendment 673 #
Proposal for a directive
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) victims’ protection and, victims’ support. and prevention and early intervention;
Amendment 679 #
(ca) statistical data collection.
Amendment 686 #
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 discrimination based on a combination of sex and other grounds, such as those referred to in Article 35(1), so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5) and Article 37(7).
Amendment 698 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) “violence against women” is understood as a violation of human rights and a form of discrimination against women and means 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 714 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) “domestic violence” means all acts of violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering,violence 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 734 #
Proposal for a directive
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) “providers of intermediary services” means providers of the intermediary services as defined in Article 23 point (fg) of Regulation (EU) YYYY/XXX2022/2065 of the European Parliament and of the Council51 [Regulation on a Single Market for Digital Services]; _________________ 51 Regulation (EU) YYYY/XXX of the European Parliament and of the Council on a Single Market for Digital Services (OJ L …).
Amendment 759 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) engaging with a woman in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;, or engaging in any other non-consensual act of a sexual nature that is, in view of the gravity of the act, comparable to penetration.
Amendment 763 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) causing a woman to engage with another person in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object, or engaging in any other non- consensual act of a sexual nature that is, in view of the gravity of the act, comparable to penetration.
Amendment 777 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance or past sexual conduct, or existing or past relationship with the offender, including marital or any other partnership status. Consent shall be given for each separate act.
Amendment 802 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Forced sterilisation 1. 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’s or girl´s capacity 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 acts referred to in point (a). 2. Member States shall ensure that the prior and informed consent of the woman to undergo the procedure referred to in point (a) cannot be substituted by the consent of a legal guardian.
Amendment 811 #
Proposal for a directive
Article 6 b (new)
Article 6 b (new)
Article 6 b Forced prostitution Member States shall ensure that the following conduct is punishable as a criminal offence: a) causing a woman to involuntarily offer and/ or provide sexual services against any form of remuneration for the profit of a third party.
Amendment 813 #
Proposal for a directive
Article 6 c (new)
Article 6 c (new)
Article 6 c Denial of safe and legal abortion Member States shall ensure that the following conduct is punishable as a criminal offence: a) denial by health institutions to provide health services related to sexual and reproductive health of patients, including safe and legal abortion and/or post- abortion care, putting the patient´s physical integrity, reproductive health or life at risk.
Amendment 824 #
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) making intimate images, or videos or other material depicting sexual activitiesterial or material of sexual nature, of another person without that person’s consent accessible to a multitude ofother end-users by means of information and communication technologies;
Amendment 836 #
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) producing or manipulating and subsequently making accessible to a multitude ofother end-users, by means of information and communication technologies, images, videos or other materialntimate material or material of sexual nature, making it appear as though another person is engaged in sexual activitiesin it, without that person’s consent;
Amendment 844 #
Proposal for a directive
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
Amendment 854 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 862 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Amendment 871 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) initiating an attack with third parties directed at another person, by making threatening or insulting material accessible to a multitude ofother end- users, by means of information and communication technologies, with the effect of causing significant psychological harm to the attacked person;
Amendment 876 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) participating with third parties in attacks referred to in point (a).
Amendment 888 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
In order to assess whether a conduct referred to in paragraph 1 qualifies as incitement to violence or hatred, Member States shall encourage the use of the following criteria: the social and political context of the message, status of the speaker, content and form of the speech act as well as the likelihood of harm, including imminence.
Amendment 893 #
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 910 are punishable as criminal offences.
Amendment 896 #
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 6, 6a and 6b is punishable as a criminal offence.
Amendment 901 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall ensure that the criminal offence referred to in Article 5 is punishable by a maximum penalty of at least 810 years of imprisonment and at least 105 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 903 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States shall ensure that an offender of the criminal offence referred to in Article 5, who has previously been convicted of offences of the same nature,s under the scope of this directive mandatorily participates in an intervention programme referred to in Article 38.
Amendment 913 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offence referred to in Article 6 and 6a is punishable by a maximum penalty of at least 5 years of imprisonment and at least 710 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 915 #
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4 a. Member States shall ensure that the criminal offence referred to in Article 6b is punishable by a maximum penalty of at least 6 years of imprisonment and at least 8 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 918 #
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Member States shall ensure that the criminal offences referred to in Articles 87, 8, 8a, 9 and 10 are punishable by a maximum penalty of at least 2 years of imprisonment.
Amendment 920 #
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 928 #
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, including with reference to residence status, or a state of physical, mental, intellectual or sensory disability, or living in institutional care facilities, including retirement homes, children´s homes, reception centres for migrants or asylum seekers and detention facilities;
Amendment 936 #
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; against the victim or their relatives or persons in close relationship with the victim;
Amendment 938 #
Proposal for a directive
Article 13 – paragraph 1 – point h
Article 13 – paragraph 1 – point h
(h) the offence was committed with the use of force or threats to use force, including against the victim´s relatives or persons in close relationship with the victim, or coercion;
Amendment 945 #
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 partnerintimate partner or cohabitant;
Amendment 972 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Article 6, 6a, 6b and 6c of at least 10 years from the time when the offence was committed.
Amendment 976 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 7, 8, 8a, 9 and 910 of at least 57 years after the criminal offence has ceased or the victim has become aware of it.
Amendment 977 #
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 987 #
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 all victims, including those referred to in Article 35(1), can report criminal offences of violence against women or domestic violence to the competent authorities in an easy, safe and accessible manner. This shall include the possibility of reporting criminal offences online or through other accessible and secure information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
Amendment 1006 #
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 and education 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 physical 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.
Amendment 1009 #
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3 a. Member States shall ensure that an adequate individual assessment of the victim´s risk and protection and support needs is carried out to ensure the safety of the victim and their dependants.
Amendment 1018 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall ensure that the competent authorities coming in contact with a victim reporting offences of violence against women or domestic violence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment referred to in Article 18.
Amendment 1026 #
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 resources, expertise 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 1029 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that reported offences of violence against women or domestic violence are processed and transferred without delay to the competent authorities for the adoption of prostecution and investigameasures for the victim, investigation and prosecution.
Amendment 1031 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The competent authorities shall promptly and effectively record and investigate allegations of violence against women or domestic violence and ensure that an official complaint is filed in all casesinternal system in all cases, even when the victim does not wish to bring criminal charges at that point in time.
Amendment 1039 #
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 specialist support services referred to in Articles 27, 28, 29 and 29a to assist in securing evidence, in particular in cases of sexual violence, w. Where the victim does not wishes to bring charges and make use of such services. immediately, they shall be provided with all relevant information on the options of securing and storing evidence for an eventual future criminal proceedings.
Amendment 1046 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Investigations into or prosecution of offences referred to in Articles 5 to 10 shall not be dependent on reporting or accusation by a victim or by their representative, and c. Criminal proceedings related to offences referred to in Articles 5, 6, 6a shall continue even if the report or accusation has been withdrawn.
Amendment 1048 #
Proposal for a directive
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5 a. Member State shall take all necessary legal and other measures to ensure that victims may testify in the courtroom without being present or at least without the presence of the alleged offender, notably through the use of appropriate communication technologies.
Amendment 1050 #
Proposal for a directive
Article 17 – paragraph 5 b (new)
Article 17 – paragraph 5 b (new)
5 b. Member States shall designate, train and provide resources for a sufficient number of specialised staff within its law enforcement authorities, prosecutors, and judicial authorities. Member States shall consider establishing dedicated units within law enforcement authorities, designating specialised prosecutors as well as creating specialist courts or chambers on violence against women and domestic violence, with jurisdiction over both civil and criminal procedures to allow a holistic approach to combat such offences.
Amendment 1051 #
Proposal for a directive
Article 17 – paragraph 5 c (new)
Article 17 – paragraph 5 c (new)
5 c. Member States shall ensure that the investigation of the offences referred to in Articles 7 to 10 is carried out diligently in order to prevent inadequate investigation from effectively prosecuting such offences and increasing impunity.
Amendment 1052 #
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17 a Prohibition of mandatory alternative dispute resolution Member States shall take the necessary legislative or other measures to prohibit mandatory alternative dispute resolution processes in relation to all forms of violence against women and domestic violence covered by the scope of this Directive.
Amendment 1059 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. This individual assessment shall be initiated immediately upon the first contact of the victim with the competent authorities. The competent judicial authorities shall verify at the latest at the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall promptly remedy the situation by undertaking an assessment as soon as possibleimmediately.
Amendment 1062 #
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, lethality risk, the risk of bodily or psychological 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, or the withdrawal of complaints, the resumption of cohabitation and the victim's resignation on the protection measures granted.
Amendment 1065 #
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 and therefor whether they have specific needs ore face a heightened risk of violence, such as the cases referred to in Article 35(1), as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, as well as their dependants, and paying special attention to the need to avoid secondary or repeated victimisation. The individual assesment shall also take into consideration the financial, legal, emotional, social, physical and psychological impact on the victim.
Amendment 1073 #
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 1087 #
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
7. Competent authorities shall update the individual assessment at regular intervals, especially in the case of changes in custody or rights of access, 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 1092 #
Proposal for a directive
Article 18 – paragraph 8 a (new)
Article 18 – paragraph 8 a (new)
8a. Relevant authorities and specialised services shall ensure the provision of coordinated protection and support measures.
Amendment 1094 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that, taking into account the individual assessment referred to in Article 18, the competent authorities together with specialist support services, including women’s specialist services, assess the victim’s and their dependant’s individual needs for support at regular intervals as provided for under Chapter 4.
Amendment 1096 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Article 18(4), (6) and (7) shall apply to the individual assessment of support needs under paragraph 1 of this Article.
Amendment 1098 #
Proposal for a directive
Article 20 – title
Article 20 – title
Referral to specialist support services
Amendment 1103 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialist support services contact victims to offer support immediately, with the victim´s knowledge and considering the risks identified in the individual assessment.
Amendment 1116 #
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 specialist support services without the prior consent of the violent holder of parental responsibility. In this case, the protection and support needs of the non-violent parent and their dependants shall be assessed and ensured in parallel.
Amendment 1123 #
Proposal for a directive
Article 21 – title
Article 21 – title
Emergency barring, restraining and protection orders, arrest and detention
Amendment 1130 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that the competent authorities can issue restraining or protection orders to provide long-term protection for victims or their dependants against any acts of violence covered by this Directive, including by prohibiting or restraining certain dangerous behaviour of the offender or suspect. Restraining and protection orders shall be adopted whenever the situation of risk to the victim makes it advisable, regardless of whether the victim has filed a complaint.
Amendment 1136 #
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Member States shall encourage the use of electronic monitoring to ensure the enforcement of measures referred to in paragraph 1 and 2, including during pre-trial periods.
Amendment 1137 #
Proposal for a directive
Article 21 – paragraph 2 b (new)
Article 21 – paragraph 2 b (new)
2b. Member States shall ensure that the competent authorities use arrest and detention of the offender or suspect without delay in situations of immediate danger for the victim or their dependants, for the purposes of preserving evidence or considering the results of the risk assessment.
Amendment 1140 #
Proposal for a directive
Article 21 – paragraph 2 c (new)
Article 21 – paragraph 2 c (new)
2c. Member States shall ensure that the shared custody or the rights of access of the suspect violent parent are suspended during the duration of protection measures referred to in this Article.
Amendment 1143 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that the competent authorities inform victims of the possibility to apply for emergency barring and restraining or protection orders, as well as the possibility to seek cross-border recognition of protection orders pursuant to Directive 2011/99/EU or Regulation (EU) No 606/2013. Member States shall ensure the effective cross-border recognition of protection orders in a consistent manner.
Amendment 1153 #
Proposal for a directive
Article 23 – title
Article 23 – title
Guidelines and training for law enforcement and judicial authorities
Amendment 1162 #
(b) how to conduct the individual assessment under Articles 18 and 19, including the instances and periodicity of its update;
Amendment 1164 #
Proposal for a directive
Article 23 – paragraph 1 – point b a (new)
Article 23 – paragraph 1 – point b a (new)
(ba) how to ensure an efficient and proper assessment and application of the emergency barring, restraining and protection orders referred to in Article 21;
Amendment 1184 #
Proposal for a directive
Article 23 – paragraph 1 – point g
Article 23 – paragraph 1 – point g
(g) how to refer victims to specialist support services, to ensure the appropriate treatment of victims and handling of cases of violence against women or domestic violence.
Amendment 1186 #
Proposal for a directive
Article 23 – paragraph 1 – point g a (new)
Article 23 – paragraph 1 – point g a (new)
(ga) how to swiftly coordinate different legal proceedings linked to the case of violence against women or domestic violence, especially with regards to the proceedings on custody and rights of access of children.
Amendment 1191 #
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
The guidelines shall be elaborated and reviewed and, where necessary updated, on a regular basis, in light of their practical application, in consultation and cooperation with women´s specialist services, victim protection centres, healthcare professionals and other relevant actors.
Amendment 1194 #
Proposal for a directive
Article 23 – paragraph 1 b (new)
Article 23 – paragraph 1 b (new)
Member States shall ensure that all competent authorities acting in criminal proceedings, including prosecutorial and judicial authorities, are properly and regularly trained in line with the guidelines referred to in paragraph 1, in cooperation with women´s specialist services, victim protection centres, healthcare professionals and other relevant actors.
Amendment 1195 #
Proposal for a directive
Article 24 – title
Article 24 – title
Role of specialised national bodies, other specialised relevant actors and equality bodies
Amendment 1197 #
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 or other specialised relevant actors to carry out the following tasks:
Amendment 1201 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c
Article 24 – paragraph 1 – subparagraph 1 – point c
(c) provide support with data collection and exchange available information with corresponding European bodies such as the European Institute for Gender Equality.
Amendment 1204 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c a (new)
Article 24 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) provide training to relevant competent authorities;
Amendment 1205 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c b (new)
Article 24 – paragraph 1 – subparagraph 1 – point c b (new)
(cb) monitoring of the transposition of this Directive.
Amendment 1207 #
2. Member States shall ensure that the bodies or other specialised relevant actors referred to in paragraph 1 can act on behalf or in support of one or several victims of violence against women or domestic violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.
Amendment 1212 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall take the necessary measures to ensure the prompt removal of material referred to in Article 7, points (a) and (b), Article 8a, Articles 9, points (c),a) and Articles 9(b) and 10. Those measures shall include the possibility for their competent judicial authorities to issue, upon application by the victim, binding legal orders to remove or disable access to such material addressed to relevant providers of intermediary services.
Amendment 1213 #
Proposal for a directive
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
2. Member States shall ensure that orders referred to in paragraph 1 can be issued in interim proceedings, even prior to the termination of any criminal proceedings regarding the offences referred to in Article 7, points (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10 where the judicial authority seized considers that:
Amendment 1214 #
Proposal for a directive
Article 25 – paragraph 2 – point a
Article 25 – paragraph 2 – point a
(a) it has been presented with sufficient evidence to justify the conclusion that the conduct referred to in Article 7, points (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10 likely took place in respect of the applicant and that the material that is the object of the application constitutes material as referred to in those articles;
Amendment 1217 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall ensure that orders referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a), (b), Article 8a, Article 9, point (a) and (b) or Article 10 conclude with a finding that such an offence has been committed, the orders referred to in paragraphs 1 and 2 become permanent. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of intermediary services concerned is informed thereof.
Amendment 1221 #
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Member States shall ensure that the end-users of the relevant services are who made the material subject to judicial order available online is informed, where appropriate by the intermediary service providers concerned, of the reasons for the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 and that those end- users haves access to judicial redress.
Amendment 1223 #
Proposal for a directive
Article 25 – paragraph 6
Article 25 – paragraph 6
6. Member States shall ensure that evidence is obtained and secured without undue delay after the offence is reported. Member States shall take all necessary measures to ensure that the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 does not prevent the competent authorities from obtaining or securing the evidence necessary for the investigation and prosecution of the offences referred to in Article7, points (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10.
Amendment 1228 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that all victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence. Member States shall ensure that when an offender, for any reason, does not abide by the decision to pay compensation to the victim within the agreed timeframe, the State takes over this obligation and takes all appropriate actions to reclaim it from the offender.
Amendment 1234 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The damage shall include costs for healthcare services, including sexual and reproductive and psychological health services, support services, rehabilitation, loss of income and other reasonable costs that have arisen as a result of the offence or to manage its consequences. The amount of the damages awarded shall also compensate for physical and/or psychological harm, social harm and moral prejudice.
Amendment 1237 #
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1
Article 26 – paragraph 5 – subparagraph 1
The limitation periods for bringing a claim for compensation shall be no less than 5 years from the time the offence has taken placethose for enabling the investigation, prosecution, trial and judicial decision for the respective offences, as referred to in Article 15.
Amendment 1239 #
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 2
Article 26 – paragraph 5 – subparagraph 2
Amendment 1241 #
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 3
Article 26 – paragraph 5 – subparagraph 3
The limitation period for bringing a claim for compensation of criminal offences referred to in Article 7, 8, 8a, 9 and 10 shall commence with the victim’s knowledge of the offence.
Amendment 1246 #
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 all victims of acts of violence covered by this Directive. The specialist support services shall provide, inter alia:
Amendment 1251 #
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 legal and/or practical matters arising as a result of the crime, including on access to housing, education, training and assistance to remain in or find employmentsuch as legal and psychological counselling, consultation on safety of the victim as well as their dependants, access to appropriate and accessible housing, healthcare, education, training and assistance to remain in or find employment, options for childcare as well as financial assistance and benefits;
Amendment 1258 #
Proposal for a directive
Article 27 – paragraph 1 – point a a (new)
Article 27 – paragraph 1 – point a a (new)
(aa) immediate gender-sensitive support based on the victim´s needs, including safe shelters or first-hand medical care;
Amendment 1263 #
Proposal for a directive
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) referrals to medical forensic examinations and comprehensive healthcare services;
Amendment 1264 #
Proposal for a directive
Article 27 – paragraph 1 – point b a (new)
Article 27 – paragraph 1 – point b a (new)
(ba) where relevant, referrals to relevant specialist support services, such as specialist support services for victims of sexual violence, victims of female genital mutilation, forced sterilisation, victims of sexual harassment at work, victims of cyber violence, shelters, support centres, including for children, and primary prevention services;
Amendment 1276 #
Proposal for a directive
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. Member States shall ensure that all of the specialist support services referred to in paragraph 1 are available within their territory and organised and geographically distributed in such a way as to ensure reasonable distances and capacity for victims. Particular attention shall be given to making the services accessible to women in rural and remote areas.
Amendment 1280 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of violence against women and domestic violence, including those with disabilities and living in institutional care facilities.
Amendment 1281 #
Proposal for a directive
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The provision of specialist support services as referred to in Chapter 4 of this Directive shall not be conditional on the victim´s willingness to file a complaint against the offender, shall be free of charge and available round the clock (24/7).
Amendment 1283 #
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Member States shall ensure sufficient human andthat all specialist support services have sufficient human resources, with adequately trained and specialised staff as well as sufficient, predictable, and sustainable 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 1287 #
Proposal for a directive
Article 27 – paragraph 4
Article 27 – paragraph 4
4. Member States shall provide the protection 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, and that clear referral pathways are established across all kinds of support as well as medical services. Such combined offering of services shall include at least first hand medical care and social services, psychosocial support, legal, and police services. When planning the organisation of specialist support services, Member States shall take into account the structures and combinations of the existing specialised support services provided by non-governmental organisations and types of specialised support services offered by them.
Amendment 1292 #
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and socialall relevant professionals, including healthcare, social services, and child protection or welfare services professionals on identifying and providing appropriate gender-sensitive support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services and avoiding secondary victimisation. 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 of discrimination. Such guidelines shall be elaborated and reviewed and, where necessary updated, on a regular basis, in light of their practical application, in consultation and cooperation with women´s specialist services, victim protection centres, healthcare professionals and other relevant actors, based on evidence, their expertise and best practices and taking into consideration the process and content of the individual assessment of protection and support needs, as referred to in Article 18 and 19.
Amendment 1296 #
Proposal for a directive
Article 27 – paragraph 6
Article 27 – paragraph 6
6. Member States shall ensure that specialist support services 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. Member State shall work towards a specific EU protocol on violence against women in times of crisis and emergency, taking into account the lessons learnt during previous crisis situations or emergencies.
Amendment 1304 #
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 appropriafter time after criminal proceedinghe offence occurs.
Amendment 1312 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, resourced and easily accessible rape crisis centres or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence. These centres shall provide for: a) medical care and forensic examinations, trauma support and psychological counsellwhile ensuring the victim's free and informed consent to any medical treatment, b) sexual and reproductive healthcare, including, after the offence has been perpetrated and for as longccess to emergency contraception, screening and post- exposure prophylaxis for sexually transmitted infections and diseases as well as neaccessary thereafter. Where the victim is a child, such services shall be to safe and legal abortion. c) intersectional trauma support and psychological counselling, as well as d) accompaniment throughout judicial providceed in a child-friendly manner.gs, where the victim decides to bring charges,
Amendment 1321 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The services referred to in paragraph 1 shall be available after the offence has been perpetrated and for as long as necessary thereafter, free of charge and accessible round-the-clock (24/7) every day of the week. They may be part of the services referred to in Article 27. Where the victim is a child, such services shall be provided in a child- friendly manner and be provided together with specialist support services for children.
Amendment 1323 #
Proposal for a directive
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. Where a Member State's national law allows a competent health professional, or on some occasions entire medical institutions, to refuse to provide sexual and reproductive healthcare on the basis of the so-called conscience clause, which leads to the denial of abortion care on grounds of religion or conscience, Member States should ensure that the conscience clause does not put women’s timely access to SRH care at risk, by providing other viable, effective and accessible abortion services.
Amendment 1330 #
Proposal for a directive
Article 29 – title
Article 29 – title
Specialist support for victims of female genital mutilation and forced sterilisation
Amendment 1332 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure effective, accessible, age-appropriate support to victims of female genital mutilation and forced sterilisation, including by providing, gynaecological and obstetric, sexological, psychological and intersectional trauma care and counselling tailored to the specific needs of such victims, after the offence has been perpetrated and for as long as necessary thereafter. TIn cases of female genital mutilation, this shall also include the provision of information on units in public hospitals that perform genital and clitoral reconstructive surgery. Such support may be provided by the referral centres referred to in Article 28 or any dedicated health centre. Such specialist support shall be carried out with the highest standards of privacy, intimacy and confidentiality.
Amendment 1337 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Article 27(3) and (6) and Article 28(2) shall be applicable to the provision of support for victims of female genital mutilation.
Amendment 1338 #
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Amendment 1343 #
Proposal for a directive
Article 30 – title
Article 30 – title
Specialist support for victims of sexual harassment atin the world of work
Amendment 1349 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall ensure that safe, confidential and effective complaint and investigation mechanisms are available for victims and that external counselling services are available for victims and employers in cases of sexual harassment atin the world of work. These services shall include advice on adequately preventing and addressing such instances atin the workplaceld of work, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes.
Amendment 1352 #
Proposal for a directive
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
Member states shall ensure that counselling services and employers treat cases of sexual harassment at work confidentially.
Amendment 1360 #
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 advicespecialist advice, information and counselling for victims of all forms of violence against women and domestic violence by trained professionals. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other secure and accessible information and communication technologies, including online applications, in order to ensure a wide variety of contact options for the victims, including victims with disabilities.
Amendment 1363 #
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1a. Provisions in paragraph 1 shall be without prejudice to other existing helplines specialised on violence against women or domestic violence within a Member State, including those run by non-governmental organisations, and shall not lead to withdrawal of their support by Member States.
Amendment 1365 #
Proposal for a directive
Article 31 – paragraph 1 b (new)
Article 31 – paragraph 1 b (new)
1b. Member States shall ensure that national helplines are equipped to provide support also to persons not speaking the national language or languages.
Amendment 1373 #
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 violenceviolence against women and domestic violence. Member States shall ensure the availability of women-only shelters and other interim accommodations. Such shelters shall be adequately equipped to provide accommodation for victims with children. They shall assist them in their recovery, providing safe, adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1381 #
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 ofrights and needs of persons with disabilities as well as children, including child victims.
Amendment 1386 #
Proposal for a directive
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The shelters and other appropriate interim accommodations shall be available to all victims regardless of their nationality, citizenship, place of residence or residence status.
Amendment 1389 #
Proposal for a directive
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Article 27 (1), (2), (3) and (6) shall apply to shelters and other appropriate interim accommodations.
Amendment 1400 #
Proposal for a directive
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Child victims shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of domestic violence, and in all stages of investigations and judicial proceedings.
Amendment 1413 #
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 the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child, at the same time allowing for avoidance of contact between the offender or suspect and the non-violent parent or their relatives when accompanying the child to the meeting.
Amendment 1418 #
Proposal for a directive
Article 34 – paragraph 1 – point 1 (new)
Article 34 – paragraph 1 – point 1 (new)
(1) Member States shall take the necessary measures to ensure that, in parallel with the proceedings against the offender or suspect of violence against women or domestic violence who is a holder of parental responsibilities, child protection or welfare authorities take action ex officio with the aim to examine the custody and rights of access of the violent parent, in the best interest of the child, including in cases where the child is a witness of violence against women or domestic violence.
Amendment 1421 #
Proposal for a directive
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
Member States shall take the necessary legislative and other measures to ensure that in the process of determining custody and rights of access, the relevant competent authorities take into account all incidents of violence against women or domestic violence, including where the child is a witness, as well as any restraining or protection orders issued.
Amendment 1423 #
Proposal for a directive
Article 34 – paragraph 1 b (new)
Article 34 – paragraph 1 b (new)
Member States shall ensure that when establishing the arrangements for custody allocation and access rights, the protection of women and children from violence and the best interests of the child are the primary concern and take precedence over other criteria. The best interest of the child shall prevail over a request of shared custody or rights of access with the violent parent.
Amendment 1425 #
Proposal for a directive
Article 34 – paragraph 1 c (new)
Article 34 – paragraph 1 c (new)
The competent authorities, child protection or welfare services and other relevant specialised services shall conduct risk assessments in the process of determining custody and the rights of access in cases of violence against women and domestic violence, especially regarding vicarious violence.
Amendment 1426 #
Proposal for a directive
Article 34 – paragraph 1 d (new)
Article 34 – paragraph 1 d (new)
Member States shall take the necessary measures to ensure that non-scientific theories and concepts, including parental alienation syndrome or any other related concept, when determining custody and rights of access in cases involving violence against women and domestic violence are not recognised in their judicial practice and law.
Amendment 1432 #
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 no or low income, women with a minority racial or ethnic background, or women from sexual or gender-identity minorities, women sex workers, women detainees, or older women.
Amendment 1438 #
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The support services under Articles 27 to 32 shall be sufficiently, predictably and sustainably funded to have sufficient capacities to accommodate and assist victims with disabilities, taking into consideration their specific needs, including personal assistance.
Amendment 1445 #
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 in reception and detention centres as well as in institutional care facilities 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 1450 #
Proposal for a directive
Chapter 5 – title
Chapter 5 – title
5 PREVENTION AND EARLY INTERVENTION
Amendment 1452 #
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shall take all appropriate and targeted actions to prevent violence against women and domestic violence, based on a three-pronged approach including primary, secondary as well as tertiary prevention, and ensure their adequate coordination. All these measures shall be developed in cooperation with relevant professionals, civil society organisations, women´s specialist services, social partners, impacted communities and other relevant stakeholders, be evidence-based and implemented in a gender- and trauma- sensitive manner.
Amendment 1456 #
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Primary preventive measures shall be aimed at preventing violence from ever occurring and shall include awareness- raising campaigns, to increasearch and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholder understanding among the general public of the different manifestations of all forms of violence and their consequences, and social protection policies, research on risk and protective factors of violence against women and domestic violence, and education programmes throughout life cycle adapted to the capacity of learners, especially age-appropriate comprehensive sexuality and relationship education and equality education both in and outside of formal education as well as programmes on prevention-relevant skills.
Amendment 1464 #
Proposal for a directive
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. Secondary preventive measures shall be aimed at early detection of violence and prevention of its progression or escalation while tertiary prevention shall be focused on prevention of reoffending and revictimisation, as well as at proper management of consequences of the violence. These measures shall include, among others, promotion of bystander intervention, early intervention centres as well as intervention programmes as referred to in Article 38.
Amendment 1465 #
Proposal for a directive
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. As far as sex work is concerned, the best prevention measure to avoid violence is to provide a safe working environment and legal rights and protection, which is best attained through decriminalising sex work across all Member States;
Amendment 1468 #
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 publicand easily accessible to the general public, via various medias, in relevant languages and in different formats, including in formats accessible to persons with disabilities.
Amendment 1475 #
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Targeted action shall be addressed to groups at risk,with specific needs and groups at risk, such as those referred to in Article 35 (1) and including children, according to their 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 1482 #
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. PAll preventive measures shall in particular aim at challenging harmful gender stereotypes, educating on the concept of consent, 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 1490 #
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 1496 #
Proposal for a directive
Article 36 – paragraph 7
Article 36 – paragraph 7
7. Preventive measures shall also specifically address cyber violence. In particular, Member States shall ensure that education measures include the development of digital literacy skills, including critical engagement with the digital world and critical thinking, to enable users to identify and address cases of cyber violence as well as to recognise its different forms, seek support and prevent its perpetration. Member States shall foster multidisciplinary and stakeholder cooperation, including intermediary services and competent authorities to develop and implement measures to tackle cyber violence.
Amendment 1510 #
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, prevention workers, providers of victim support and restorative justice services, healthcare professionals, social services, 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, avoid further violence or revictimisationd to treat victims in a trauma- , gender-, disability- and child- sensitive manner and to inform the victims of their rights.
Amendment 1516 #
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1a. 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.
Amendment 1517 #
Proposal for a directive
Article 37 – paragraph 1 b (new)
Article 37 – paragraph 1 b (new)
1b. Member States shall ensure that competent authorities in charge of carrying out individual assessment of victim´s protection needs, as referred to in Article 18, receive specialised training both on physical and non-physical forms of violence, such as psychological violence or controlling or coercive behaviour, as well as on harmful gender stereotypes, in order to enable swift and appropriate follow-up actions.
Amendment 1522 #
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians , gynaecologists, obstetriciand, midwives, and sexologists shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation.
Amendment 1526 #
Proposal for a directive
Article 37 – paragraph 2 a (new)
Article 37 – paragraph 2 a (new)
2a. Healthcare professionals shall also receive regular trainings aimed at preventing occurrence of violence in healthcare settings, including training on patient´s informed consent and on treating patients in a non-discriminatory, respectful and dignified manner.
Amendment 1530 #
Proposal for a directive
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Persons with supervisory functions in the workplace, in both the public and private sectors, shall receive adequate training on how to recognise, prevent and address sexual harassment at work, including on risk assessments concerning occupational safety and health risks, to provide support to victims affected thereby and respond in an adequate manner. Those persons and employers shall receive information, training and guidance about the effects of violence against women and domestic violence on workers and the risk of third party violence.
Amendment 1533 #
Proposal for a directive
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The training activities referred to in paragraphs 1 and 2a, 1b, and 2a of this Article shall include training on co-ordinated multi-agency and multi-disciplinary co- operation to allow for a comprehensive and appropriate handling of referrals in cases of violence against women or domestic violence.
Amendment 1538 #
Proposal for a directive
Article 37 – paragraph 6
Article 37 – paragraph 6
Amendment 1545 #
Proposal for a directive
Article 37 – paragraph 7
Article 37 – paragraph 7
7. Training activities referred to in paragraphs 1 and 2a, 1b, 2 and 2a of this Article 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 address 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 grounds. Such training shall be provided by qualified trainers adhering to strict quality standards in terms of training duration, frequency, methods and outcomes in line with objectives of this Directive.
Amendment 1547 #
Proposal for a directive
Article 37 – paragraph 7 a (new)
Article 37 – paragraph 7 a (new)
7a. Training materials and activities shall be elaborated and reviewed and, where necessary updated, on a regular basis, in light of their practical application, in consultation and cooperation with victims, women´s specialist services, victim protection centres, healthcare professionals and other relevant actors, based on evidence, their expertise and best practices, and taking into account the need for multi- disciplinary and multi-agency cooperation and coordination. Particular importance shall be given to establishing solid referral pathways to specialist support services, as well as to safe and confidential processing of victim´s personal data.
Amendment 1553 #
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 or domestic violence, or reoffending, with trained and skilled professionals, in close cooperation with specialist support services for victims, to prevent and minimise the risk of committing offences of violence against women or domestic violence, and reoffending. These programmes shall seek to help offenders understand and recognise their responsibility, change their harmful attitudes and behaviours as well as to adopt non-violent behaviour in interpersonal relationships.
Amendment 1562 #
Proposal for a directive
Article 38 a (new)
Article 38 a (new)
Amendment 1570 #
Proposal for a directive
Article 39 – paragraph 4
Article 39 – paragraph 4
4. It shall be responsible for coordinating policies at the central, regional and local levels and liaising with relevant European agencies and bodies.
Amendment 1572 #
Proposal for a directive
Article 40 – title
Article 40 – title
Multi-agency and multi-disciplinary coordination and cooperation
Amendment 1575 #
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as non- governmental organisations, in particular women´s specialist services, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities.
Amendment 1576 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Such mechanisms shall pertain to all stages, areas and aspects of violence against women and domestic violence, and in particular pertain to the individual assessments under Articles 18 and 19, and the provision of protection and support measures under Article 21 and entire Chapter 4, the guidelines for law enforcement and judicial authorities under Article 23, and in the trainings for professionals as referred to in Article 37.
Amendment 1578 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall closely cooperate with and consult in a consistent and structured manner with relevant civil society organisations, includingespecially non-governmental organisations working with victims of violence against women or domestic violence, in particular in providing support to victims, concerning policymaking initiatives, inform and women´s specialist services, and recognise them as equal partners, in order to enhance their meaningful participation in the whole process of policymaking as well as implementation, monitoring, evaluationg 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. review of impact of policies, initiatives and measures on preventing and combatting violence against women and domestic violence, as referred to in this Directive, in particular in providing support to victims, information and awareness-raising campaigns, research and education programmes and in training.
Amendment 1590 #
Proposal for a directive
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
Member States shall take appropriate action to facilitate cooperation between each other as well as with the EU institutions, agencies and bodies to improve the implementation of this Directive. Such cooperation shall aim at least at:
Amendment 1592 #
Proposal for a directive
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
(a) exchanging best practices and consulting each other in individual cases, including through Eurojust and the European Judicial Network in criminal matters, in particular in, but not limited to, cross-border cases;
Amendment 1594 #
Proposal for a directive
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
(b) exchanging information and best practices with relevant Union agencies and cooperating with them on the establishment of common standards and guidelines;
Amendment 1602 #
Proposal for a directive
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Member States shall have a system in place for theregular collection, development, production and dissemination of statistics on violence against women orand domestic violence, including the forms of violence referred to in Articles 5 to 10.
Amendment 1606 #
Proposal for a directive
Article 44 – paragraph 2 – introductory part
Article 44 – paragraph 2 – introductory part
2. The statistics shall be published at least annually and shall include the following data disaggregated by sex, age of the victim and of the offender, disability, relationship between the victim and the offender and type of, type of offence, and place of the offence:
Amendment 1613 #
Proposal for a directive
Article 44 – paragraph 2 – point a
Article 44 – paragraph 2 – point a
(a) the number of victims who experienced violence against women orand domestic violence during the last 12 months, last five years and lifetime;
Amendment 1623 #
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) c) annual and monthly number of fatal victims and orphan children; d) information on the existence of an official claim filed by the fatal victim; e) the number of cases reported to the law enforcement authorities; offences, f) the number of cases reported to specialist support services as referred to in Articles 27 to 32; g) the numbers of emergency barring, restraining and protection orders issued; h) the numbers of cases investigated, prosecuted and adjudicated; i) the number of convictions for the offences; j) the types and levels of sanctions imposed on offenders for violence against women and domestic violence, including per categories of offences as referred to in Articles 5 to 10; k) the average length of investigations and of criminal proceedings; l) number of calls to national helplines.
Amendment 1633 #
Proposal for a directive
Article 44 – paragraph 4
Article 44 – paragraph 4
4. In order to ensure administrative data comparability across the Union, Member States shall collect administrative datadata referred to in paragraph 2 on the basis of common disaggregations developed in cooperation with and according to the methodology developed by the European Institute for Gender Equality in accordance with paragraph 5. They shall transmit this data to the European Institute for Gender Equality on a yearly basis. The European Institute for Gender Equality shall regularly publish a report based on the statistical data transmitted by the Member States. The transmitted data shall not contain personal data.
Amendment 1638 #
Proposal for a directive
Article 44 – paragraph 5
Article 44 – paragraph 5
5. The European Institute for Gender Equality shall support Member States in the data gathering referred to in paragraph 2, point (b), including by establishing common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences. Civil society organisations working on preventing and combatting violence against women and domestic violence, in particular women´s specialist services, shall be involved in the development of the methodologies for surveys and data collection.
Amendment 1642 #
Proposal for a directive
Article 44 – paragraph 6
Article 44 – paragraph 6
6. The Member States shall make the collected statistics available to the public in easily accessible and understandable manner. The statistics shall not contain personal data.
Amendment 1645 #
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 Directive, in close cooperation with relevant competent authorities and specialist support services.
Amendment 1647 #
Proposal for a directive
Article 44 a (new)
Article 44 a (new)
Article 44a Resources 1. Member States shall ensure that national authorities that detect, investigate, prosecute and adjudicate offences within the scope of this Directive have a sufficient number of adequately trained specialised staff, including through the establishment of dedicated specialised units or chambers, and ensure that these national authorities have sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. 2. Member States shall ensure that all specialised support service providers, including non-governmental women´s specialist services, as well as other relevant actors are provided with sufficient, predictable, and sustainable funding and human, technical and technological resources necessary to ensure effective performance of their functions related to the implementation of this Directive. 3. Member States shall ensure sufficient, predictable and sustainable funding for all types of measures laid out in this Directive, including prevention, protection, access to justice, victim support as well as coordination and cooperation measures.
Amendment 1651 #
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
Directive 2011/93/EU
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Member States shall ensure that the following intentional conduct shall be punishable by a maximum term of imprisonment of at least 125 years:
Amendment 1652 #
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
Directive 2011/93/EU
Article 3 – paragraph 8
Article 3 – paragraph 8
8. Where the child is above the age of sexual consent and does not consent to the act, Member States shall ensure that the conduct set out in paragraph 7 is punishable by a maximum term of imprisonment of at least 102 years.
Amendment 1653 #
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
Directive 2011/93/EU
Article 3 – paragraph 9
Article 3 – paragraph 9
For the purpose of paragraph 8, Member States shall ensure that a non-consensual act is understood as an act which is performed without the child’s explicit consent given voluntarily, or where the child is unable to form and express a free will due to the presence of circumstances referred to in paragraph 5, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, sleep, illness or bodily injury.
Amendment 1654 #
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
Directive 2011/93/EU
Article 3 – Paragraph 9
Article 3 – Paragraph 9
Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct or existing or past relationship with the offender, including marital status. Consent shall be given for each separate act.
Amendment 1658 #
Proposal for a directive
Article 47 – paragraph 1
Article 47 – paragraph 1
1. By [sevenfour years after the entry into force of this Directive] at the latest, and every two years thereafter, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report on the application of this Directive.
Amendment 1659 #
Proposal for a directive
Article 47 – paragraph 2
Article 47 – paragraph 2
2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall regularly and in line with the reporting obligations of Member States submit to the European Parliament and the Council a report in which it reviews the application of this Directive.