9 Amendments of Gianni VATTIMO related to 2011/0129(COD)
Amendment 172 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Gender-based violence refers to violence that is directed against a person because of his or her gender, gender identity or gender expression. It is a form of violence that affects women disproportionately and it may be interrelated but it is not limited to cases of violence in close relationship, sexual violence (both sexual assault and harassment), sexual trafficking and slavery, intimate relationship violence and other harmful practices such as forced marriages and female genital mutilation. Homophobic and transphobic attacks have also been defined as a form of gender-based violence. Research shows that one-fifth to one-quarter of all women have experienced physical violence at least once during their adult lives and more than one-tenth have suffered sexual violence involving the use of force. In this perspective, it is crucial to criminalise all forms of gender-based violence and provide victims thereof with special prevention, protection and remedies measures.
Amendment 180 #
Proposal for a directive
Recital 18
Recital 18
(18) Beyond these categories, but again based on personal characteristics and the crime, any person could be vulnerable and could have specific needs. Only through individual assessments, carried out at the earliest opportunity by those in a position to make recommendations on protection measures, can such vulnerabilities be effectively identified. The assessment should in particular take into account age, gender, and gender identity and gender expression, ethnicity, race, religion, sexual orientation, state of health, disability, communication difficulties, relationship to or dependence on the suspected or accused person, previous experience of crime, the type or nature of the crime such as organised crime, terrorism, or bias crimes and whether the victim is a foreign victim. Victims of terrorism require particular attention in any assessment given the varying nature of such acts ranging from mass acts of terrorism to targeted terrorism against individuals.
Amendment 209 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) Further victimisation, intimidation and discrimination can occur, where victims are targeted for abuse due to their personal characteristics such as race, religion, beliefs, nationality, age, sexual orientation, disability, gender, gender identity, gender expression or social background, which is a leading cause of the high rate of unreported crime cases. Low confidence in the criminal justice system, difficulties in understanding the system for making a complaint and fear of experiencing unacceptable treatment by the authorities through not being believed, or due to a lack of respect and recognition towards the victim are further reasons behind unreported crime cases. In order to encourage and facilitate reporting and to allow victims to break the cycle of repeat victimisation, it is imperative that reliable support services are available to victims and that Member States’ authorities are prepared to respond to victims’ reports in a respectful, considerate, equal and professional manner. This requires sufficient training and an appropriate level of specialisation on the side of all relevant authorities, as well as regulations that pay sufficient attention to the rights of victims, including the right to be protected against intimidation and secondary victimisation. Measures may also include enabling third party reporting and empowering victim support organisations to engage in proceedings on behalf of victims as well as allowing the use of communication technologies, such as e-mail or website forms, for filing complaints.
Amendment 247 #
Proposal for a directive
Article 2 – point g a (new)
Article 2 – point g a (new)
(ga) ‘gender-based violence’ means violence that is directed against a person because of his or her gender, gender identity or gender expression;
Amendment 331 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall promotensure the setting up or development of specialist support services, including specialist support services for all victims with special needs identified according to Article 18, including victims of gender-based violence, victims of violence in close relationships and their family members, in addition to general victim support services.
Amendment 402 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that measures are available to protect the safety and dignity of victims and their family members from retaliation, intimidation, repeat or further victimisation from their first contact with a competent authority, during and after the conclusion of criminal proceedings. When requested by the victims, these measures shall include non disclosure of the personal characteristics taken into account in the individual assessment referred to in Article 18.
Amendment 451 #
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: - the personal characteristics of the victim such as age, gender, and gender identity and gender expression, 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; - the type or nature of the crime such as the fact it is committed with a bias or discriminatory motive relating to the victim's personal characteristics such as age, gender, gender identity and gender expression, 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; - the circumstances of the crime such as the fact whether a person is victimised abroad; - the type or nature of the crime such as whether exploitation or physical or sexual violence has been used; - the wishes of the victim with special needs including whether they do not wish to benefit from special measures.
Amendment 509 #
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. These training schemes shall include the respective contribution of all officials to the identification of victims with special needs provided for in article 18.
Amendment 529 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall ensure that those authorities working with or providing support to victims work together to ensure a co-ordinated response to victims, to ensure the identification of victims with special needs as provided for in article 18, to facilitate the reporting of criminal offences and to minimise the negative impact of the crime, the risks of secondary and repeat victimisation and the burden on the victim due to interactions between the victim and criminal justice agencies.