Activities of Vilija BLINKEVIČIŪTĖ related to 2022/0066(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence
Amendments (91)
Amendment 30 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) Member States should ratify without delay the International Labour Organization (ILO) Convention (No 190) of 21 June 2019 on Eliminating Violence and Harassment in the World of Work and ILO´s Violence and Harassment Recommendation (No 206) of 21 June 2019 and put in place the necessary law and policy measures to prohibit, prevent and tackle violence and harassment in the labour market.
Amendment 37 #
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 51 #
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, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) 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. _________________ 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 63 #
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 in the world of work, 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, career 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 80 #
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 89 #
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 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 and cyber incitement to violence or hatred 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.
Amendment 99 #
Proposal for a directive
Recital 51
Recital 51
(51) HSexual harassment and 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 hasILO Convention 190 applies to violence and harassment in the world of work occurring in the course of, linked with or arising out of work. According to its Article 3, this includes the workplace, but also the places where the worker is paid, takes a break, or uses sanitary facilities, is on a work-related trips, engages in work- related communication, when they are commuting to and from work or staying in employer accommodation. This recognizes the fact that violence in the course of employment can take place away from the traditional place of work, and relate to the spill-over of domestic violence at work . Given that sexual harassment at work, as well as cyber violence and harassment at work and domestic violence have 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, specialised counselling services to both victims and employers.
Amendment 104 #
Proposal for a directive
Recital 51 a (new)
Recital 51 a (new)
(51 a) The social partners play a key role in addressing harassment at work, one of the common place of harassment, as well as domestic violence. Employer and trade unions are particularly well-placed to take measures to address harassment at work, including sexual harassment, and cyber violence at work. Furthermore, the Preamble to ILO Convention 190 recognises domestic violence as related to the workplace, noting that domestic violence can affect employment, productivity and health and safety. With the increasing availability of home-based telework, the site of domestic violence can in fact be the workplace of victim. Employers and trade unions can contribute, as part of other measures, to identify instances of domestic violence, to support victims and to address the impacts of domestic violence on professional life. There are already many examples of good practices and agreements between employers and trade unions on workplace practices that give support to victims of domestic violence, enabling them to continue working safely. Trade union and workplace health and safety representatives can, with appropriate training, play a particularly important role in offering assistance to victims of sexual harassment, cyber violence and domestic violence.
Amendment 110 #
Proposal for a directive
Recital 51 b (new)
Recital 51 b (new)
(51 b) Member States should ensure that employers, in consultation with trade union representatives, take appropriate measures to prevent and address instances of sexual harassment at work and cyber violence at work, and to identify and provide adequate support to victims of domestic violence. Victims should have access to legal remedies, information and a right to receive support from a trade union representative, and should be entitled to paid time off to attend counselling and take leave of appropriate duration.
Amendment 113 #
Proposal for a directive
Recital 51 c (new)
Recital 51 c (new)
(51 c) Member States should ensure that trade unions are able to bargain collectively on workplace measures to prevent and address sexual harassment at work and cyber violence at work, and to identify and support victims of domestic violence. Member States should take measures to promote collective bargaining on workplace practices on preventing and addressing instances of sexual harassment, cyber violence and domestic violence, including through awareness- raising and training of employers, trade union representatives and workplace health and safety representatives.
Amendment 128 #
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 awareness should be paid in awareness-raising campaigns to women experiencing 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 sexuality education and socio-emotional competencies, empathy and developing healthy and respectful relationships.
Amendment 135 #
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 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. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functionhey should include 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 and cyber violence at work, and to identify and address instances of domestic violence and its consequences on workers, persons with supervisory functions, trade union representatives and workplace health and safety representatives should also receive training. These trainings should also cover assessments regarding sexual harassment at work, cyber violence at work, and domestic violence 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. _________________ 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 141 #
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, including on multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 146 #
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 169 #
Proposal for a directive
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(g) “sexual harassment atin the world of 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, 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 183 #
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, 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 physicalor threaten to cause physical or economic, or significant psychological harm to the person.
Amendment 201 #
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, including those with disabilities and living in institutions, can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner, including through the use of Braille and sign language. This shall include the possibility of reporting criminal offences online or through other accessible information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
Amendment 210 #
Proposal for a directive
Recital 2
Recital 2
(2) Equality between women and men and non-discrimination are core values of the Union and fundamental rights enshrined, respectively, in Article 2 of the Treaty on European Union and in Articles 21 and 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Violence against women and domestic violence endanger these very principles, undermining women and girls’ rights to equality in all areas of life and preventing the full advancement of women, girls and our societies as a whole.
Amendment 226 #
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, 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 and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. 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 irrespective of whether they shared housing or not. _________________ 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 234 #
Proposal for a directive
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) advice and information on any relevant legal or practical matters arising as a result of the crime, including on access to decent housing, education, training and assistance to remain in or find quality employment;
Amendment 238 #
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 institutions.
Amendment 243 #
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. Such combined offering of services shall include at least first hand medical care and social services, psychosocial support, legal, and police services, and be available and accessible to victims with disabilities.
Amendment 249 #
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 harm, which impacts their development. Therefore, such children should be considered victims and benefit from targeted and specialised protection measures.
Amendment 253 #
Proposal for a directive
Article 30 – title
Article 30 – title
30 Specialist support for victims of sexual harassment at, cyber violence and third-party violence in the world of work
Amendment 256 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall, in consultation with the social partners, take measures to ensure external counselling services and legal services are available for victims and employers in cases of sexual harassment at work or cyber violence and harassment at work. These services shall include 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 wishespending the outcome of dismissal procedure .The possibility of early conciliation should be available only if the victim so wishes .The costs of such counselling services and legal services shall be covered by the Member State or by the employer .
Amendment 260 #
Proposal for a directive
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
Member States shall ensure that victims of sexual harassment at work or cyber violence and harassment at work including victims of domestic violence shall be entitled to paid leave in order to attend counselling services and to paid leave of appropriate duration. Workers shall have the right to receive support and representation from their trade union, and to have access to information on available remedies and access to legal remedies. Trade union representatives shall be able to support workers in any relevant proceedings.
Amendment 261 #
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is a violation of human rights, a major public health problem and 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’.
Amendment 262 #
Proposal for a directive
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
Member States shall ensure that employers take appropriate measures to prevent and address instances of sexual harassment, cyber violence and third- party violence at work. Employers must be prevented from direct and indirect discrimination of workers on the basis that they have sought to vindicate their rights under this Directive, taken a claim, or been proved to be a victim of sexual harassment, domestic violence, cyber violence, and / or exposed to non- consensual sharing of intimate or manipulated material.
Amendment 267 #
Proposal for a directive
Article 30 a (new)
Article 30 a (new)
Article 30 a Support at work for victims of domestic violence 1. Member States shall ensure that employers, in cooperation with trade union representatives, take appropriate measures to provide a safe working environment and support to victims of domestic violence, and to ensure that consequences of domestic violence on the safety of victims and co-workers and on productivity and performance at work are not taken into account in performance evaluations. Workers shall have the right to receive support from a trade union and the workplace health and safety representative. 2. Victims of domestic violence shall be entitled to paid leave of appropriate duration.
Amendment 270 #
Proposal for a directive
Article 30 b (new)
Article 30 b (new)
Article 30 b Collective bargaining on harassment at work and domestic violence 1. Member States shall ensure that trade unions are able to bargain collectively on workplace measures to prevent and address sexual harassment at work and cyber violence at work, and to identify and support victims of domestic violence. 2. Member States shall take measures to promote collective bargaining on workplace practices on preventing and addressing instances of sexual harassment, cyber violence and domestic violence, including through awareness- raising and training of employers, trade union representatives and workplace health and safety representatives.
Amendment 274 #
Proposal for a directive
Recital 9
Recital 9
(9) In light of the specificities related to these types of crime it is necessary to lay down a comprehensive set of rules, which addresses the persisting problem of violence against women and domestic violence in a targeted manner and caters to the specific needs of victims of such violence. The existing provisions at Union and national levels have proven to be insufficient to effectively combat and prevent violence against women and domestic violence. In particular, Directives 2011/36/EU and 2011/93/EU concentrate on specific forms of such violence, while Directive 2012/29/EU of the European Parliament and of the Council38 lays down the general framework for victims of crime. While providing some safeguards for victims of violence against women and domestic violence, it is not set out to address their specific needs. The persisting gravity of the problem of violence against women and domestic violence in the Union, clearly shown by the fact that the existing provisions have proven to be insufficient and exacerbated by the lack of mechanisms with which the full implementation of current provisions would be advanced in combination with the specificities of those crimes, justifies treating victims of violence against women and domestic violence differently in comparison to victims of other crimes in the Union and justifies the specific measures introduced by this Directive. _________________ 38 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
Amendment 277 #
Proposal for a directive
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
Amendment 291 #
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 public and in formats accessible to persons with disabilities.
Amendment 299 #
Proposal for a directive
Article 36 – paragraph 8
Article 36 – paragraph 8
8. Member States shall ensure that sexual harassment at, in consultation with the social partners, ensure that sexual harassment, cyber violence, third-party violence and domestic violence in the word of work is addressed in relevant national policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where workers are most exposed.
Amendment 302 #
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. Highlights that most of the time (67 %) the victim of sexual violence has had some previous acquaintance relation with the perpetrator and therefore, robust victim protection is needed in order to prevent further attacks6a. _________________ 6a https://fra.europa.eu/sites/default/files/fra _uploads/fra-2014-vaw-survey-main- results-apr14_en.pdf page 49
Amendment 303 #
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, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, trade union representatives and workplace health and safety representatives 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 and to treat victims in a trauma-, gender-, disability - and child- sensitive manner.
Amendment 309 #
Proposal for a directive
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Persons with supervisory functions in the workplace, as well as trade union representatives and workplace health and safety representatives, in both the public and private sectors, shall receive specific training on how to recognise, prevent and address sexual harassment at work, including on risk assessments concerning occupational safety and health risks, cyber violence at work and domestic violence, including on gender responsive risk assessments concerning occupational safety and health risks, including risks of gender based violence and harassment from third parties and risk of domestic violence, to provide support to victims affected thereby, and witnesses , 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. They shall also receive training on how to recognize instances of domestic violence and provide support to victims and ensure that victims are able to continue working in a safe environment.
Amendment 315 #
Proposal for a directive
Article 37 – paragraph 6
Article 37 – paragraph 6
6. 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, including from victims with disabilities.
Amendment 325 #
Proposal for a directive
Recital 14
Recital 14
(14) Rape should explicitly include all types of sexual penetration, with any bodily part or object. 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 evenincluding where committed against a spouse or intimate partner.
Amendment 328 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult social partners on the working environment, civil society organisations, including non-governmental organisations working with victims of violence against women or domestic 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 334 #
Proposal for a directive
Article 44 – paragraph 2 – introductory part
Article 44 – paragraph 2 – introductory part
2. The statistics shall include the following data disaggregated by sex, disability, age of the victim and of the offender, relationship between the victim and the offender and type and place of offence :
Amendment 337 #
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(b a) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offense.
Amendment 377 #
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 producing and/or making accessible of intimate images or videos and material that depict sexual activities, to a multitude ofother 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 producing and/or making accessible of the material to a multitude ofother 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 that makes it appear as though another person is engaged in sexual activities, insofar as the material is subsequently made accessible to a multitude ofother 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 401 #
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 also provide the possibility to submit complaints online or through other information and communication technologies for the reporting of such crimes. Victims of cyber violence, next to in-person reporting. Reporting should facilitate victims in all their diversity, including, inter alia, ensuring disability access, easy and accessible routes for those who live in remote areas, access to those experiencing restrictions to electronic communication services, and providing support services to assist those who cannot read and persons in institutions. Victims should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour.
Amendment 408 #
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. Such third party reporting is justified as a targeted measure for violence against women and domestic violence because such cases often occur in close relationships or family circumstances and may not be regarded as criminal acts and therefore not reported by those who experience or directly witness them. 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 such 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 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 445 #
Proposal for a directive
Recital 32
Recital 32
(32) Victims of violence against women and domestic violence are often in need of specific support. 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, taking into consideration victim’s needs and preventing any further or secondary victimisation. The first agency the victim contact shall inform them about further support agencies, which could provide support tailored to their need. 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 466 #
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
Amendment 476 #
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 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 application of 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 494 #
Proposal for a directive
Recital 45
Recital 45
(45) Assistance and support to victims of violence against women and domestic violence should be made available and provided before, during and for an appropriate period after the criminal proceedings have ended, 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. Assistance and support shall be available to victims regardless of whether criminal proceedings have been initiated.
Amendment 534 #
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 and safe and legal abortion care and services, STI treatments and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Forensic examination shall be conducted as soon as the victim’s situation allows it, taking into account their trauma and mental health. 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, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.
Amendment 552 #
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 number, free of charge and available round-the-clock. The helplines should be accessible to victims with disabilities and provide easy to understand information, including in different languages. 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.
Amendment 562 #
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 mental health, financial situation, basic legal advice and the well-being of their children, ultimately preparing victims for an autonomous life.
Amendment 588 #
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 in precarious socio-economic situations including from low and middle income countries and regions, 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, should receive specific protection and support.
Amendment 608 #
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. Prevention should also take place in formal education, in particular, through strengthening sexuality and relationships education and socio-emotional competencies, empathy and developing healthy and respectful relationships.
Amendment 617 #
Proposal for a directive
Recital 59 a (new)
Recital 59 a (new)
Amendment 627 #
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting and prevent secondary victimisation, Member States should also liaise with law enforcement 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 and should involve specialist services and civil society organisations in law enforcement training, especially to target harmful stereotypes and misconceptions about sexual and domestic violence.
Amendment 650 #
Proposal for a directive
Recital 64
Recital 64
(64) Policies to adequately tackle violence against women and domestic violence can only be formulated on the basis of comprehensive and comparable disaggregated data. In order to effectively monitor developments in the Member States and fill the gaps of comparable data, Member States should regularlyno less than every two years conduct surveys using the harmonised methodology of the Commission (Eurostat) to gather data and transmit these data to the Commission (Eurostat).
Amendment 675 #
Proposal for a directive
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) prevention of violence against women and domestic or intimate violence
Amendment 715 #
(b) “domestic violence” means all acts of violence or coercive control that result in, or are likely to result in, physical, sexual, psychological, social or economic harm or suffering, 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 744 #
Proposal for a directive
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
Amendment 750 #
Proposal for a directive
Article 4 – paragraph 1 – point j a (new)
Article 4 – paragraph 1 – point j a (new)
(ja) "secondary victimisation" occurs when the victim suffers further harm not as a direct result of the criminal act but due to the manner in which institutions and other individuals deal with the victim.
Amendment 816 #
Proposal for a directive
Article 7 – title
Article 7 – title
7 Non-consensual sharing and producing of intimate or manipulated material
Amendment 829 #
Proposal for a directive
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(a a) production of intimate images without the consent of the depicted person;
Amendment 840 #
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) threatening to engage in the conduct referred to in points (a) and (b) in order to coerce another person to do, acquiesce or refrain from a certain act.
Amendment 861 #
Proposal for a directive
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(c a) committing any other act by means of communication and information technologies that may cause psychological harm or financial damages to the victim.
Amendment 873 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) initiating an attack with third partiesor participating in an attack 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 878 #
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) the sending of unsolicited pornographic and/or intimate material by means of information and communication technologies;
Amendment 942 #
Proposal for a directive
Article 13 – paragraph 1 – point i a (new)
Article 13 – paragraph 1 – point i a (new)
(i a) the offence has led the victim to experience secondary victimisation;
Amendment 967 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 5 and 6 of at least 20 years from the time when the offence was committed.
Amendment 969 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 1008 #
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
Amendment 1114 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The competent authorities shall respond to requests for protection and support, in a timcluding medical care, without delay and in a coordinated manner.
Amendment 1142 #
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 use of electronic monitoring to secure the enforcement of emergency barring, restraining and protection orders, especially in cases where the offender faces suspended sentence, interim measures or any other similar measure ordered by the competent authorities while the offender awaits the final decision of the court on the charges brought against them.
Amendment 1150 #
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 and relationships history and conduct of the victim or other aspects of the victim’s private life related thereto including, where relevant, medical records and notes from counselling or therapy sessions, are not permitted.
Amendment 1229 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that victims and, if applicable, their dependents have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence.
Amendment 1238 #
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1
Article 26 – paragraph 5 – subparagraph 1
The limitation period for bringing a claim for compensation shall be no less than 5 years from the time the offence has taken placebeen reported to the authorities.
Amendment 1240 #
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 2
Article 26 – paragraph 5 – subparagraph 2
In cases of sexual violence and female genital mutilation, the limitation period shall be no less than 120 years.
Amendment 1254 #
Proposal for a directive
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) immediate gender-sensitive support, advice and information on any relevant legal or practical matters arising as a result of the crime, including on access to housing, education, training and assistance to remain in or find employment;
Amendment 1262 #
Proposal for a directive
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) referrals to medical care, including sexual and reproductive healthcare, rape crisis centres, sexual violence referral centres and forensic examinations; ;
Amendment 1268 #
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, advice on judicial remedies and, remedies to remove online content related to the crime and securing of evidence.
Amendment 1282 #
Proposal for a directive
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. If the offence involves, directly or indirectly, the holder of parental responsibility, Member States should ensure that access to specialist support is not conditional upon this person's consent.
Amendment 1313 #
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. These centres shall provide for medical care and forensic examinations, timely referral to other medical care, including sexual and reproductive healthcare as part of the clinical management of rape, 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 1316 #
Proposal for a directive
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. Member States shall guarantee that victims of sexual violence have timely access to comprehensive healthcare services, including sexual and reproductive healthcare, safe and legal abortion care, emergency contraception, and screening and post-exposure prophylaxis for sexually transmitted infections as well as other related and relevant medical procedures.
Amendment 1342 #
Proposal for a directive
Article 30 – title
Article 30 – title
30 Specialist support for victims of sexual harassment at, cyber violence and third-party violence in the world of work
Amendment 1346 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure, in consultation with the social partners, take measures to ensure that external counselling services and legal service are available for victims and employers in cases of sexual harassment at work or cyber violence and harassment at work. These services shall include 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. pending the outcome of dismissal procedure. The possibility of early conciliation should be available only if the victim so wishes. The costs of such counselling services and legal services shall be covered by the Member State or by the employer. 2. Member States shall ensure that victims of sexual harassment at work or cyber violence and harassment at work including victims of domestic violence shall be entitled to paid leave in order to attend counselling services and to paid leave of appropriate duration. Workers shall have the right to receive support and representation from their trade union, and to have access to information on available remedies and access to legal remedies. Trade union representatives shall be able to support workers in any relevant proceedings. 3. Member States shall ensure that employers take appropriate measures to prevent and address instances of sexual harassment, cyber violence and third- party violence at work. Employers must be prevented from direct and indirect discrimination of workers on the basis they have sought to vindicate their rights under this Directive, taken a claim, or being proved to be a victim of sexual harassment, domestic violence, cyber violence, and / or exposed to non- consensual sharing of intimate or manipulated material. 4. Member States shall ensure that undertakings (or group of undertakings) take, in consultation with trade unions and workers’ representatives, appropriate measures to prevent and address instances of sexual harassment, cyber violence and third-party violence at work, to provide a safe working environment and to support victims, within their own operations, the operations of their subsidiaries and third party operations with whom the undertaking or group of undertakings or its subsidiaries have entered into a license agreement or franchise agreement. 5. Undertakings or group of undertakings establish, where applicable through collective bargaining with trade unions, training programmes and policies to prevent and tackle sexual harassment, cyber violence and third-party violence at work and shall provide accessible and effective complaint mechanisms for victims. 6. Undertakings or group of undertakings shall apply the policy, training programme and complain mechanisms referred to in paragraph 5 to all workers employed throughout their own operations, the operations of their subsidiaries, and third party operations with whom the undertaking or group of undertakings or its subsidiaries have entered into a license agreement or franchise agreement. 7. Member States shall ensure that undertakings (or group of undertakings) provide public, adequate and transparent reporting concerning prevention and corrective measures, the number of complaints received and their treatment.
Amendment 1353 #
Proposal for a directive
Article 30 a (new)
Article 30 a (new)
Article 30a Domestic violence safe-leave 1. Member States shall take the necessary measures to ensure that each worker affected by domestic violence has an individual right to safe-leave of up to 10 days that is to be taken in any period of 12 consecutive months, in order to attend to ongoing matters arising due to domestic violence, to be specified by each Member State or by collective agreement. The domestic violence safe leave shall be a paid leave. 2. The right to domestic violence safety leave shall be granted irrespective of the worker's marital or family status, as defined by national law. Member States shall ensure that the domestic violence safety leave will be distinct from other leave entitlements. 3. One person with close ties to the victim, such as a relative or household member, and who is closely supporting the victim, shall be entitled to minimum 3 days of paid domestic violence leave each year.
Amendment 1387 #
Proposal for a directive
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. The shelters and other appropriate interim accommodations shall be equipped to accommodate companion animals, or provide adequate and appropriate alternative accommodations.
Amendment 1396 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Member States shall ensure that children are provided specific adequate support as soon as the competent authorities have reasonable grounds to believe that the children might have been subject to, including having witnessed, violence against women or domestic violence. Support to children shall be specialised and age-appropriate, respecting the best interests of the child, and shall not require the prior consent of the holder of parental responsibility accused of the violence.
Amendment 1404 #
Proposal for a directive
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Where it is necessary to provide for interim accommodation, children shall as a priority be placed together with other family members, in particular with awith the non- violent parent in permanent or temporary housing, equipped with support services. Placement in shelters shall be a last resort.
Amendment 1416 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
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 thetake the necessary legislative or other measures to 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. 2 Member States shall take the necessary legislative or other measures to ensure that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or child. ren.
Amendment 1487 #
Proposal for a directive
Article 36 – paragraph 5 a (new)
Article 36 – paragraph 5 a (new)
5a. Member States shall promote and support research aimed at better understanding the root causes of gender based violence, including all forms of violence against women. This shall include qualitative and quantitative research with both experiences of victims and offenders as research subjects.