Activities of Antonyia PARVANOVA related to 2011/0129(COD)
Plenary speeches (2)
Minimum standards on the rights, support and protection of victims of crime (debate)
Minimum standards on the rights, support and protection of victims of crime (debate)
Reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime PDF (484 KB) DOC (546 KB)
Amendments (13)
Amendment 123 #
Proposal for a directive
Recital 9
Recital 9
(9) A person should be considered a victim regardless of whether a perpetrator is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim. Family members of victims are also harmed as a result of the crime, in particular the family of a deceased victim, who have a legitimate interest in criminal proceedings. Such indirect victims should therefore also benefit from protection under this Directive. Victims need appropriate support and assistance even before reporting a crime. Such support can be crucial both for the recovery of the victim and in any decision to ultimately report the crime. Measures concerning such support and assistance should be gender-specific where appropriate and accessible to victims with disabilities.
Amendment 159 #
Proposal for a directive
Recital 16
Recital 16
(16) Restorative justice services, including for example victim-offender mediation, family group conferencing and sentencing circles, can be of great benefit to the victim, but require safeguards. In order to prevent any furthersecondary victimisation. S such services should thereforehave to be conducted in a competent manner and should have as a primary consideration the interests and needs of the victim, repairing the harm done to the victim and avoiding further harm. Factors such as power imbalances, and the age, maturity or intellectual capacity of the victim, which could limit or reduce the victim’s ability to make an informed choice or could prejudice a positive outcome for the victim, should be taken into consideration in referring a case to and in conducting a restorative process. Whilst private proceedings should in general be confidential, unless agreed otherwise by the parties, factors such as threats made during the process may be considered as requiring disclosure in the public interest. Considering the potential benefits of restorative justice, victims should have the possibility to take advantage of such services to the widest extent possible.
Amendment 169 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) All victims should be provided reasonable accommodation where needed in a particular case, which means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden to ensure to victims with disabilities realisation of their rights under this Directive on an equal basis with other victims. Reasonable accommodation could include, but may not be limited to, provision of assistance with communicating, including through a qualified sign language interpreter, ensuring physical accessibility to premises and the information directly related to their case, providing information in easy- to-understand language, and modification of the format of hearing to accommodate the victim with a disability.
Amendment 193 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Member States should, where appropriate, while recognising the principle of freedom of expression, encourage the media and journalists to adopt self-regulatory guidelines and to take appropriate measures to ensure the protection of the private and family life of the victims, especially minors, and their family members in the framework of their information activities. Member States should discourage the media from interviewing victims at inappropriate times, interviewing child victims, discussing gruesome details of crimes, publishing information that would negatively impact on the victim’s credibility, popularising the offender and blaming the victim for the crime. Member States should ensure that victims have an effective remedy when their right to respect for their private and family life has been violated.
Amendment 246 #
Proposal for a directive
Article 2 – point g a (new)
Article 2 – point g a (new)
(ga) ‘gender-based violence’ means a criminal offence that is directed against a person because of his or her gender or gender identity or that affects persons of a particular gender or gender identity disproportionally, and that results in physical or mental injury, emotional suffering or economic loss of the victim;
Amendment 250 #
Proposal for a directive
Article 2 – point g b (new)
Article 2 – point g b (new)
(gb) ‘violence in close relationships’ means a criminal offence that is committed against a victim by a person who is a current or former spouse or partner or other family member of the victim, whether or not the perpetrator shares or has shared the same household with the victim, and that results in physical or mental injury, emotional suffering or economic loss of the victim.
Amendment 408 #
Proposal for a directive
Article 18 – title
Article 18 – title
Identification of vulnerable victims Does not affect English version (linguistic amendment affecting only the Bulgarian version of the text).
Amendment 445 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall ensure that all vulnerable victims as identified in paragraphs 1, 2 and 3, receive a timely and individual assessment, in accordance with national procedures, to determine which special measures as provided in Articles 21 and 22 they should benefit from. Such an assessment shall take into account the wishes of the vulnerable victim including where they do not wish to benefit from special measures. Does not affect English version (linguistic amendment affecting only the Bulgarian version of the text).
Amendment 450 #
Proposal for a directive
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a. Member States shall ensure that the individual assessments referred to in paragraphs 3 and 4 are carried out at regular intervals throughout the criminal proceedings in order to take account of any changes in the personal characteristics or circumstances, needs and wishes of victims. Individual assessments shall take into account the following factors: (a) the personal characteristics of the victim such as age, gender and gender identity, ethnicity, race, religion, sexual orientation, health, disability, legal status, communication difficulties, relationship to or dependence on the suspected or accused person, previous experience of crime; (b) the type or nature of the crime such as hate crime or the fact it is committed with a bias or discriminatory motive relating to the victim's personal characteristics such as age, gender and gender identity, ethnicity, race, religion, sexual orientation, state of health, disability, legal status, communication difficulties, relationship to or dependence on the suspected or accused person, previous experience of crime; (c) the circumstances of the crime such as the fact whether a person is victimised abroad; (d) the type or nature of the crime such as whether exploitation or physical or sexual violence has been used; (e) the wishes of the victims with specific needs including whether they do not wish to benefit from specific measures.
Amendment 454 #
Proposal for a directive
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5a. Member States shall ensure that the design of new court buildings is accessible for persons with disabilities and include separate waiting areas for victims.
Amendment 456 #
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Amendment 465 #
Proposal for a directive
Article 20 – point c
Article 20 – point c
(c) victims may be accompanied, where appropriate by their legal representative, or where they have one and by a person of their choice, unless a reasoned decision has been made to the contrary in respect of that person.
Amendment 508 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that police, prosecutors and court staff, lawyers and any other officials likely to come into contact with victims receive both general and specialist training to a level appropriate to their contact with victims to sensitise them to the needs of victims and to deal with them in an impartial, respectful and professional manner. Such specialised training shall include the respective contribution of all officials to the process of individual identification of victims with specific needs provided for in Article 18.