80 Amendments of Sirpa PIETIKÄINEN related to 2022/0066(COD)
Amendment 188 #
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to provide a comprehensive framework to effectively combat all forms of 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.
Amendment 239 #
Proposal for a directive
Recital 5
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein without discrimination on account of any ground. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
Amendment 260 #
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is 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’. It is one of the crucial social mechanisms by which women are forced into a subordinate position compared to men perpetuating inequality between women and men.
Amendment 263 #
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is a persisting manifestation of structural discrimination against women in all their diversity, 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 288 #
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, gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, 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 and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence and domestic violence. For example, acts of gender-based violence which seek to punish victims for their sexual orientation, gender expression, gender identity or sex characteristics such as so- called “corrective rape”, should be given particular attention.
Amendment 308 #
Proposal for a directive
Recital 13
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishment for the victim's sexual orientation, gender identity, gender expression or sex characteristics (so- called "corrective rape"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .
Amendment 320 #
Proposal for a directive
Recital 14
Recital 14
(14) Rape should explicitly include all types of sexual penetration, with any bodily part or object. In addition, any other non-consensual act of a sexual nature that, in view of the gravity of the act and/or its consequences to the victim, is comparable to penetration should be equated with rape because the harm caused to the victim is comparable. The lack of consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape even where committed against a spouse or intimate partner.
Amendment 327 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Consent should always be given freely and voluntarily. Initial consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. There are a number of situations in which a victim is unable to form a free will and offences committed under those circumstances should therefore be deemed to be non-consensual acts. While making an assessment of a particular situation, personal and external circumstances should be taken into account. In that context, fear is not limited to the threat of a criminal act. The lack of consent due to intoxication should also cover incapacitation caused by drugs, alcohol or other intoxicating substances. Particularly vulnerable situations refer to situations in which victims have clearly limited opportunities to defend their sexual integrity and avoid an assault. A particularly vulnerable situation could also include situations of particularly serious power imbalance or of serious economic dependence. Non-consensual sexual penetration or any other non- consensual act of a sexual nature that, in view of the gravity of the act, is comparable to penetration should constitute rape also when committed against a spouse or intimate partner. Every girl and woman has the right to express themselves and their sexuality freely and in a secure way that is not interpreted as consent or sexual interaction.
Amendment 345 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to address the severe and long-lasting physical and psychological impairments of intersex genital mutilation performed on persons with variations of sex characteristics, also known as intersex persons, this offence should be specifically and adequately addressed in the criminal laws. Non-vital, non- consensual procedures and treatments performed on intersex children assigned female, such as labiaplasties, vaginoplasties, gonadectomies, clitoral “recession” and other forms of clitoral cutting or removal, are specifically based on sexist and misogynistic beliefs aimed at exerting control over intersex girls’ and women’s physical appearance and sexuality. The term "capacity to provide consent" shall be interpreted as the ability to understand the facts, assess the risks and benefits and balance the short- and long-term consequences of the possible choices and make a decision. Member States shall ensure that a minor is deemed capable of providing consent only if all the elements above are assessed to be in place. The term "hormonal treatments" shall be understood as any non- consensual treatments aimed at altering the sex characteristics of the person; it excludes consensual gender affirming hormonal treatments or access to hormone blockers.
Amendment 360 #
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders, as well as persons who are part of marginalised communities. 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. Women and girls exposed to discrimination and violence on the basis of a combination of their sex or gender and other grounds are disproportionately affected by cyber violence, including cyber harassment or cyber incitement to violence or hatred.
Amendment 376 #
Proposal for a directive
Recital 19
Recital 19
(19) Especially due to its tendency for easy, swift and broad distribution and perpetration, as well as its intimate nature, the non-consensual sharing and making accessible of intimate images or videos and material that depict sexual activities, to a multitude of end-users, by means of information and communication technologies, can be very harmful for the victims. The offence provided for in this Directive should cover all types of such material, such as images, photographs and videos, including sexualized images, audio clips and video clips. It should relate to situations where the sharing and making accessible of the material to a multitude of end-users, through information and communication technologies, occurs without the victim’s consent, irrespective of whether the victim consented to the generation of such material or may have transmitted it to a particular person. The offence should also include the non- consensual production or manipulation, for instance by image editing, of material that imitates intimate images or makes it appear as though another person is engaged in sexual activities, insofar as the material is subsequently made accessible to a multitude of end-users, through information and communication technologies, without the consent of that person. Such production or manipulation should include the fabrication of ‘deepfakes’, where the material appreciably resembles an existing person, objects, places or other entities or events, depicting sexual activities of another person, and would falsely appear to others to be authentic or truthful. In the interest of effectively protecting victims of such conduct, threatening to engage in such conduct should be covered as well.
Amendment 387 #
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 of 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. Cyber harassment should also include all types of explicit and implicit sexualised attacks, such as threats to rape and mutilation or descriptions and sharing images of these, that come with the intention to humiliate, intimidate and silence the victims.
Amendment 390 #
Proposal for a directive
Recital 22
Recital 22
(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offlinOftentimes, perpetrators of such incitement online are public figures who, due to a presumed impunity, have the effect of legitimising and emboldening acts of violence offline. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. Children and youth can also be the target of violent cyber violence owing to personal characteristics such as disability, racial or ethnic origin, sexual orientation, gender identity, gender expression, sex characteristics or other grounds which, if left unaddressed, may cause social exclusion, anxiety, inducement to inflict self-harm and, in extreme situations, suicide ideation, suicide attempts or actual suicide. This needs to be intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.
Amendment 430 #
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 and providing tailored support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender.
Amendment 435 #
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure comprehensive support and protection to victims, all competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, should be involved in assessing the risks for victims and appropriate support measuresand protection measures. This should be done on the basis of clear and gender-sensitive guidelines issued by the Member States, developed in cooperation with women’s specialist services and European Institute of Gender Equality (EIGE). Such guidelines should include factors to be taken into consideration when assessing the risk emanating from the offender or suspect, including the consideration that suspects charged with minor offences are as likely to be dangerous as those charged with more severe offences, especially in cases of domestic violence, harassment and stalking.
Amendment 448 #
Proposal for a directive
Recital 32
Recital 32
(32) Victims of violence against women and domestic violence are often in need of specific supportand trained support services and medical care. To ensure they effectively receive offers of support, the competent authorities should refer victims to appropriate support services. This should in particular be the case where an individual assessment has found particular support needs of the victim. In that case, support services should be able to reach out to the victim even without the victim’s consent. For the processing of related personal data by competent authorities, Member States should ensure that it is based on law, in accordance with Article 6(1)(c) read in conjunction with Article (6)(2) and (3) of Regulation (EU) 2016/679 of the European Parliament and of the Council41 . Such laws should include appropriate personal data safeguards that respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the individuals. Where competent authorities transfer victims’ personal data to support services for victims’ referral, they should ensure that the data transferred is limited to what is necessary to inform the services of the circumstances of the case, so that victims receive appropriate support and protection. _________________ 41 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), (OJ L 119, 4.5.2016, p. 1–88).
Amendment 468 #
Proposal for a directive
Recital 37
Recital 37
(37) Presenting evidence of past sexual behaviour, sexual preferences and the attire or outfit of the victim, that aim to challenge the credibility and lack of consent of victims in sexual violence cases, especially rape cases, may reinforce the perpetuation of damaging stereotypes of victims and lead to repeat or secondary victimisation. Therefore, without prejudice to the rights of defence, questions, enquiries and evidence concerning past sexual conduct of the victim should not be permitted in criminal investigations and court proceedings.
Amendment 474 #
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 trained specialist services and designated 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, are well placed to fulfil these tasks. Such bodies 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 and securing of evidence, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodies 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 504 #
Proposal for a directive
Recital 46
Recital 46
(46) Specialised support services should provide support to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, intersex genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
Amendment 529 #
Proposal for a directive
Recital 49
Recital 49
(49) Specialist support services, including shelters and rape crisis 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, and they should be fully accessible for girls and women with disabilities.
Amendment 537 #
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 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 mutilation, who are often girls, and of intersex genital mutilation, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.
Amendment 542 #
Proposal for a directive
Recital 51
Recital 51
(51) Harassment at work is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Given that sexual harassment at work is a form a discrimination that has significant negative consequences both for the victims and the employers, advice on adequately addressing such instances at the workplace, 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, should be provided by external counsellingspecialised and trained services to both victims and employers.
Amendment 556 #
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 situation and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should ensure the availability of sufficient dedicated domestic violence shelters and different services within, with an adequate geographical distribution. A variety of different models should be made available, including single-sex shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim and they should ensure the active and continuous, physical presence of trained and specialised personnel to engage with and support the victims.
Amendment 558 #
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 situation and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should ensure the availability of sufficient dedicated domestic violence shelters, with an adequate geographical distribution. A variety of different models should be made available, including single-gender shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim.
Amendment 587 #
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 a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, children, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender- based violence, should receive specific protection and support.
Amendment 603 #
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. Special attention must be paid in awareness-raising campaignst to women andexperiencing discrimination and violence on the basis of the combination of their sex or gender and other grounds, and by victims at an increased risk of domestic violence. Prevention should also take place in formal education, in particular, through strengthening sexualityinclusive sexuality and relationships education and socio- emotional competencies, empathy and developing healthy and respectful relationshipssuch as empathy.
Amendment 632 #
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 636 #
Proposal for a directive
Recital 61 a (new)
Recital 61 a (new)
(61a) Member States should recognise women's civil society organisations, including organisations working with women at a heightened risk of experiencing gender-based violence, as partners in policy development and implementation and should, where relevant, include them in the work of government bodies and committees working to combat violence against women and domestic violence. In addition, other relevant stakeholders should be consulted on relevant issues, such as social partners in relation to sexual harassment at the workplace.
Amendment 653 #
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 the monitoring of the prevalence and trends of violence against women and domestic violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, as this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.
Amendment 656 #
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 the monitoring of the prevalence and trends of violence against women and domestic violence and design new policy strategies in this field. Member States shall provide relevant data and information to the relevant institutions such as European Institute of Gender Equality and Eurofound in order to allow for the comparability, assessment and analysis of that data at Union level. When sharing the data collected, no personal data should be included.
Amendment 663 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Directive lays down rules to prevent and combat all forms of violence against women and domestic violence. It establishes minimum rules concerning:
Amendment 685 #
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 or gender and other grounds, as well as to victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35(1) and Article 37(7).
Amendment 693 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) “violence against women” meansis a violation of human rights and a form of discrimination against women, and means all acts of gender-based violence, that isare 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; the nature of violence against women can also be structural, manifesting itself for example by absence of possibilities for women, unequal pay, difficulties in advancing in career and/or decision- making structures, lack of sufficient and gender-sensitive infrastructure or essential services, biased gender-roles or uneven distribution of economic resources;
Amendment 702 #
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) “violence” is intentional use of physical or psychological force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation of rights;
Amendment 704 #
Proposal for a directive
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(ab) “physical violence” is any act which causes physical harm as a result of unlawful physical force and can take the form of, among others, serious and minor assault, deprivation of liberty and manslaughter;
Amendment 705 #
Proposal for a directive
Article 4 – paragraph 1 – point a c (new)
Article 4 – paragraph 1 – point a c (new)
(ac) “psychological and mental violence” is any act which causes psychological harm to an individual and can take the form of, for example, coercion, humiliation, defamation, isolation from others, verbal insult or aggression, threats, intimidation, control, stalking or harassment. It not only affects individuals’ mental health and their social networks, but also deprives them of opportunities for future personal, social and economic development;
Amendment 706 #
Proposal for a directive
Article 4 – paragraph 1 – point a d (new)
Article 4 – paragraph 1 – point a d (new)
(ad) “sexual violence” is any sexual act performed on an individual without their consent;
Amendment 707 #
Proposal for a directive
Article 4 – paragraph 1 – point a e (new)
Article 4 – paragraph 1 – point a e (new)
(ae) “economic violence” is any act or behaviour which causes economic harm to an individual and can take the form of, for example, property damage, restricting access to financial resources, education or the labour market, or not complying with economic responsibilities, such as alimony;
Amendment 708 #
Proposal for a directive
Article 4 – paragraph 1 – point a f (new)
Article 4 – paragraph 1 – point a f (new)
(af) “structural violence” is a form of violence wherein social structure or social institution may harm people by preventing them from meeting their basic needs and rights;
Amendment 720 #
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) “femicide” means intentional murder of women because they are women;
Amendment 738 #
Proposal for a directive
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(g) “sexual harassment at work” means any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising in matters of employment, occupation and self-employment, including informal and undocumented work such as domestic and care work, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;
Amendment 753 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 757 #
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 and/or its consequences to the victim, comparable to penetration. This includes intentionally and secretly ceasing to use any method of prophylaxis or reproductive control during a sexual act without the consent of the victim;
Amendment 768 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’s consent given voluntarily or where the woman is unable to form a free will due to her physical or mental condition, thereby exploiting her incapacity to form a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability or economic coercion, or in an otherwise particularly vulnerable situation. Every girl and woman has the right to express themselves and their sexuality freely and in a secure way that is not interpreted as consent or sexual interaction.
Amendment 782 #
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, her attire or past sexual conduct.
Amendment 819 #
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 activities, of another person, or nudity or intimate areas of another person, without that person’s consent accessible to a multitude of end-users by means of information and communication technologies;
Amendment 831 #
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 of end-users, by means of information and communication technologies, intimate images, videos or other material, depicting other person or making it appear as though another person is engaged in sexual activities, without that person’s consent;
Amendment 845 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
2. Member States shall ensure that online platforms, including social media and pornographic platforms exercise effective verification methods to avoid the publication of material referred to in points (a) (b) and (c) and acquire necessary skills and training to fulfill this task.
Amendment 855 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) making material containing the personal data of another person, or false material representing another person in a derogatory manner, without that person’s consent, accessible to a multitude of end- users, by means of information and communication technologies, for the purpose of inciting those end-users to cause physical or significant psychological harm to the person.
Amendment 867 #
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 defamatory, threatening or insulting material accessible to a multitude of end-users, including but not limited to attacking or threatening another person with reference to their gender, sex or sexual activities, by means of information and communication technologies, with the effect of causing significant psychological harm to the attacked person;
Amendment 880 #
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) (c) sending unsolicited pornographic material by means of information and communication technologies;
Amendment 912 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offences referred to in Articles 6 isand 6a are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 927 #
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 or a state of physical, mental, intellectual or sensory disability, or living in institutionsbeing victim of trafficking or living in institutions, including reception centers, detention facilities or accommodation centres for asylum seekers, or a person made vulnerable by undocumented and refugee status, including women and girls seeking asylum, or under international or temporary protection;
Amendment 985 #
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 victims can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner, and can receive help without facing prejudice and minimising attitudes from the authorities. This shall include the possibility of reporting criminal offences online or through other information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
Amendment 997 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that offences of violence against women or domestic violence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities. Member states shall ensure that victims of gender specific crimes are entitled to effective witness protection if needed when filing a complaint, especially protection of their personal data such as home address or birth data that shall not be revealed to perpetrators accessing the files.
Amendment 1021 #
Proposal for a directive
Article 16 – paragraph 5 a (new)
Article 16 – paragraph 5 a (new)
5 a. Member States shall ensure sufficient and quality training of law- enforcement personnel and any authorities who may work with victims of violence on the characteristics and the ways of identifying violence against women, domestic violence, sexism, cybersexism or sexist hate speech, to facilitate the reporting to police of such behaviour and avoid ill-treatment of the victims.
Amendment 1022 #
Proposal for a directive
Article 16 – paragraph 5 b (new)
Article 16 – paragraph 5 b (new)
5 b. Member States shall ensure that the competent authorities take all the necessary measures to ensure that all evidence is secured from the earliest possible moment, including through appropriate technical means, and that reported offences of violence against women or domestic violence are processed and transferred without delay to the competent authorities for prosecution and investigation.
Amendment 1042 #
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 specialised support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services.
Amendment 1070 #
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 or gender and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.
Amendment 1083 #
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as victim protection centres and women’s shelters, employers and civil society institutions, social services and healthcare professionals.
Amendment 1107 #
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 specialised support services contact victims to offer support.
Amendment 1132 #
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. 5. Member States shall ensure that, in the determination of custody and visitation rights of children, incidents of violence covered by the scope of this Directive are taken into account, and that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or override a protection order.
Amendment 1151 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Without prejudice to the rights of defence, Member States shall ensure that, in criminal investigations and court proceedings, questions, enquiries and evidence concerning past sexual conduct of the victim, her outfit or appearance or other aspects of the victim’s private life related thereto are not permitted.
Amendment 1176 #
Proposal for a directive
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) how to cater to the enhanced protection and support needs of victims experiencing discrimination based on a combination of sex or gender and other grounds;
Amendment 1235 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The damage shall include costs for healthcare 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 psychological harm as well as mental suffering and moral prejudice.
Amendment 1267 #
Proposal for a directive
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) support to victims of cyber violence, including psychological support, securing of evidence and advice on judicial remedies and remedies to remove online content related to the crime.
Amendment 1294 #
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and social service professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. 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 or gender and other grounds of discrimination.
Amendment 1314 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence, which should clarify whether the motives were related to the sex or gender and other personal characteristics of the victim. These centres shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.
Amendment 1339 #
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Specialist support for victims of intersex genital mutilation 1. Member States shall ensure that victims of intersex genital mutilation are provided with effective support, including gynaecological, psycho-social, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. This shall also include access to treatment and medications needed as a consequence of intersex genital mutilation. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of intersex genital mutilation referred to in paragraph 1 of this Article.
Amendment 1375 #
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 violence. Shelters should ensure active and continuous, physical presence of trained and specialised personnel to engage with and support the victims. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1431 #
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 a minority racial or ethnic background, women sex workers, women detainees, or older women, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender-based violence.
Amendment 1462 #
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Preventive measures shall include awareness-raising campaigns, research and education programmes as well as programmes to disrupt developmental pathways to violence, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.
Amendment 1481 #
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, capacitating society with the knowledge to understand consent and identify and address instances of violence, 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 1491 #
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, intersex mutilation and other harmful practices.
Amendment 1521 #
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation, intersex genital mutilation and other harmful practices.
Amendment 1528 #
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 training on how to recognise, prevent and address violence against women, including sexual harassment at work and domestic violence, 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 about the effects of violence against women and domestic violence on work and the risk of third party violence and on how to support victims of gender- based violence, including domestic violence, at the workplace .
Amendment 1536 #
Proposal for a directive
Article 37 – paragraph 5
Article 37 – paragraph 5
5. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self- regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of women and men, sexist images of women, and victim- blaming in the media, aimed at reducing the risk of all forms of violence against women or domestic violence.
Amendment 1579 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic, domestic violence, or specialised non-governmental organisations working with vulnerable women and victims at a heightened risk of violence, in particular in providing support to victims, concerning policymaking initiatives, information 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.
Amendment 1626 #
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offense.
Amendment 1648 #
Proposal for a directive
Article 44 a (new)
Article 44 a (new)