35 Amendments of Nadine MORANO related to 2022/0066(COD)
Amendment 238 #
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. Therefore, to avoid discriminating between the men, women and children who are victims of the violence that this Directive seeks to better combat, the term ‘victim’ should refer to all persons, regardless of their sex, age or gender.
Amendment 255 #
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’form of gender-based violence, which is inflicted primarily on women and girls, by men.
Amendment 270 #
Proposal for a directive
Recital 8
Recital 8
(8) Domestic violence is a serious social problem which often remains hidden, because it usually occurs in a private context. It can lead to serious psychological and physical trauma withat is sometimes invisible but that has 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 and economic. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.
Amendment 299 #
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 intersectionalmore than one discrimination factor, 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.
Amendment 304 #
Proposal for a directive
Recital 12
Recital 12
(12) Victims of violence against women and domestic violence are at an increased risk of intimidation, retaliation, secondary and repeat victimisation. Particular attention should thus be paid to these risks and to the need to protect the dignity and physical integrity of such victims, before, during and after the conduct of legal proceedings.
Amendment 343 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to address the irreparable and lifelong damage female genital mutilation has on victims, this offence should be specifically and adequately addressed in the criminal laws. Female genital mutilation is an exploitative practice that pertains to the sexual organs of a girl or a woman and that is performed for the purpose of preserving and asserting domination over women and girls and exerting social control over girls and women’s sexuality. It is sometimes performed in the context of child forced marriage or domestic violence. Female genital mutilation may occur as a traditional practice which some communities perform on their female members. It should cover practices undertaken for non-medical reasons. The term “excising” should refer to the partial or total removal of the clitoris and the labia majora. “Infibulating” should cover the closure of the labia majora by partially sewing together the outer lips of the vulva in order to narrow the vaginal opening. The term “performing any other mutilation” should refer to all other physical alterations of the female genitals or of their sexual characteristics.
Amendment 383 #
Proposal for a directive
Recital 20
Recital 20
(20) Cyber stalking is a modern form of violence which is often perpetrated against family members or persons living in the same household, but also perpetrated by ex-partners or acquaintances. Typically, technology is misused by the offender to proceed to intensify coercive and controlling behaviour, manipulation and surveillance, thereby increasing the victim’s fear, anxiety and gradual isolation from friends and family. Therefore, minimum rules on cyber stalking should be established. The offence of cyber stalking should cover the continuous surveillance of the victim without their consent or legal authorisation by means of information and communication technologies. This might be enabled by processing the victim’s personal data, such as through identity theft or the spying out of such data on their various social media or messaging platforms, their emails and phone, stealing passwords or, hacking their devices or secretly activating keylogging software to access their private spaces, via the installation of geo-localisation apps, including stalkerware, or via stealing their devices. Furthermore, stalking should cover the monitoring of victims, without that person’s consent or authorisation, via technology devices connected through the Internet of Things, such as smart home appliances.
Amendment 404 #
Proposal for a directive
Recital 24
Recital 24
(24) Victims should be able to report crimes of violence against women or domestic violence easily without being subject to secondary or repeat victimisation. To this end, Member States should provide the possibility to submit complaireport such events online or through other information and communication technologies for the reporting ofmaking complaints about such crimes. Victims of cyber violence should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour.
Amendment 417 #
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, the competent authorities should have the sufficient expertise and effective investigative tools to investigate and prosecute such crimes. It should be possible to prosecute such crimes using specialist investigation services and courts.
Amendment 427 #
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 and vulnerability of the victim. Such circumstances requiring special attention could include the victim’s pregnancy, her material circumstances, her physical and mental health, or the victim’s dependence on or relationship to the offender.
Amendment 437 #
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 measures on the basis of clear guidelines issued by the Member States. 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 or first offences are as likely to be dangerous as those charged with more severe or repeat offences, especially in cases of domestic violence and stalking.
Amendment 454 #
Proposal for a directive
Recital 33
Recital 33
(33) Member States should take the necessary measures to ensure the swift availability of emergency barring, restraining and protection orders to ensure effective and rapid protection of victims and their dependants.
Amendment 462 #
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35a) Member States should mobilise adequate resources, in terms of both material items (electronic tracking ankle bracelets, emergency telephones, etc.) and staff, to ensure that such protection orders are effective.
Amendment 672 #
Proposal for a directive
Article premier – paragraph 1 – point c
Article premier – paragraph 1 – point c
(c) victims’ protection and victims’ support, irrespective of their sex or gender.
Amendment 754 #
Proposal for a directive
Chapter 2 – title
Chapter 2 – title
CHAPTER 2 OFFENCES CONCERNING SEXUAL EXPLOITATION OF WOMEN AND CHILDRENPERSONS AND COMPUTER CRIME
Amendment 762 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) engaging with a womaperson in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;
Amendment 766 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) causing a womaperson 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.
Amendment 775 #
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’person's consent given voluntarily or where the womaperson 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.
Amendment 783 #
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’person's silence, verbal or physical non-resistance or past sexual conduct.
Amendment 792 #
Proposal for a directive
Article 6 – title
Article 6 – title
Female genital and sexual mutilation
Amendment 795 #
Proposal for a directive
Article 6 – paragraph 1 – point a b (new)
Article 6 – paragraph 1 – point a b (new)
Amendment 797 #
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) coercing or procuring a woman or a girl to undergo any of the acts referred to in point (a)this Article.
Amendment 853 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) placing another person under continuous surveillance, without that person’s consent or legal authorisation to do so, by means of information and communication technologies, to track or monitor that person’s movements and activities;
Amendment 900 #
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 815 years of imprisonment and at least 120 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 906 #
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, mandatorily participates mandatorily participates, on top of their conviction, in an intervention programme referred to in Article 38.
Amendment 914 #
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 is punishable by a maximum penalty of at least 57 years of imprisonment and at least 710 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 922 #
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Member States shall ensure that the criminal offences referred to in Articles 7 and 9 are punishable by a maximum penalty of at least 12 years of imprisonment.
Amendment 1015 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 1024 #
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 expertise and, effective investigative tools and the necessary human and material resources to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.
Amendment 1135 #
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Member States shall mobilise sufficient human and material resources to ensure that such protection and restraining orders are effectively enforced at all times and in all places.
Amendment 1331 #
Proposal for a directive
Article 29 – title
Article 29 – title
Specialist support for victims of female genital and sexual mutilation
Amendment 1334 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure effective, age-appropriate support to victims of female genital and sexual mutilation, including by providing, gynaecological, sexological, psychological and 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. This shall also include the provision of information on units in public hospitals that perform clitoral reconstructive surgery. Such support may be provided by the referral centres referred to in Article 28 or any dedicated health centre.
Amendment 1336 #
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 and sexual mutilation.
Amendment 1494 #
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 and sexual mutilation.
Amendment 1523 #
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 and sexual mutilation.