Awaiting committee decision
2016/2328(INI) Implementation of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime
Lead committee dossier: CJ01/8/08797
Legal Basis RoP 055, RoP 052
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | FEMM | JIMÉNEZ-BECERRIL BARRIO Teresa (EPP), MLINAR Angelika (ALDE) | GABRIEL Mariya (EPP), HEDH Anna (S&D), POST Soraya (S&D), VON STORCH Beatrix (EFD), ŽITŇANSKÁ Jana (ECR), GRIESBECK Nathalie (ALDE), BJÖRK Malin (GUE/NGL), MARCELLESI Florent (Verts/ALE), SARGENTINI Judith (Verts/ALE), FONTANA Lorenzo (ENF), TROSZCZYNSKI Mylène (ENF) |
| Lead | LIBE | JIMÉNEZ-BECERRIL BARRIO Teresa (EPP), MLINAR Angelika (ALDE) | GABRIEL Mariya (EPP), HEDH Anna (S&D), POST Soraya (S&D), VON STORCH Beatrix (EFD), ŽITŇANSKÁ Jana (ECR), GRIESBECK Nathalie (ALDE), BJÖRK Malin (GUE/NGL), MARCELLESI Florent (Verts/ALE), SARGENTINI Judith (Verts/ALE), FONTANA Lorenzo (ENF), TROSZCZYNSKI Mylène (ENF) |
Legal Basis RoP 055, RoP 052
Activites
-
2017/01/19
Committee referral announced in Parliament, 1st reading/single reading
Documents
| Amendments | Dossier |
| 248 |
2016/2328(INI)
2018/03/09
LIBE, FEMM
248 amendments...
Amendment 1 #
Motion for a resolution Citation 4 a (new) - having regard to the UN Convention on the Right of the Child;
Amendment 10 #
Motion for a resolution Citation 13 a (new) - having regard to the European Parliament study of September 2017 entitled 'How can the EU and the Member States better help victims of terrorism?'
Amendment 100 #
Motion for a resolution Paragraph 7 a (new) 7a. Notes that failure to transpose the directive on the rights of victims into national law in certain Member States means that the citizens of those Member States suffer discrimination when it comes to upholding their rights as European citizens;
Amendment 101 #
Motion for a resolution Paragraph 8 – subparagraph 1 (new) Notes that due to other instruments addressing similar successive additions to the victims’ rights, it complicates coherence with the victims’ directive;
Amendment 102 #
Motion for a resolution Paragraph 9 9. Recalls that EU citizens and third country nationals not resident in the EU country where they fall victim to a crime should enjoy the same level of rights as a resident and/or national, underlines that the directive should ensure that all women enjoy the same rights regardless of their origin and purpose of residence and enjoy access to legal protection, psychosocial and financial support by the state without the fear of being deported and that victims of criminal offences committed in a Member State other than the one in which the victim resides can lodge their complaint to the competent authorities of the Member State of residence; notes, however, that this right is often undermined by the uncertainty of Member States provisions on extraterritoriality;
Amendment 103 #
Motion for a resolution Paragraph 9 9. Recalls that EU citizens and third country nationals
Amendment 104 #
Motion for a resolution Paragraph 9 a (new) 9 a. Reminds the Member States of the importance to ensure that the residence status is not an obstacle to the rights under the Directive; welcomes the steps taken by some Member States in order to give undocumented victims a safe option to report crimes without being reported to immigration authorities or to obtain a residence permit on humanitarian grounds; reminds the Member States in this context of Article 59 of the Istanbul Convention which states that victims in the scope of the Convention can be granted a renewable residence permit if the competent authority considers that their stay is necessary for their cooperation in criminal proceedings; considers that granting stays of deportation to all undocumented victims for the duration of criminal proceedings or granting temporary residence permits could encourage them to report crimes and counter the climate of impunity for perpetrators;
Amendment 105 #
Motion for a resolution Paragraph 22 – subparagraph 1 (new) Calls on Member States to ensure that residency status should not be a criterion to have full enjoyment of the rights of victims, particularly in cases when the victim is resident in another Member State. Calls on the member States to establish specific measures to ensure the provision of information to victims not resident in the territory where the crime took place; such measures shall in particular focus on the rights of non- resident victims within criminal proceedings and for compensation;
Amendment 106 #
Motion for a resolution Paragraph 16 b (new) 16b. Calls on the Member States to clarify their national provisions on extraterritoriality so as to guarantee the right of victims of crimes committed in a Member State other than that in which they reside to lodge complaints with the competent authorities of the Member State of residence;
Amendment 107 #
Motion for a resolution Paragraph 25 a (new) 25 a. Calls on Member States to put in place measures that ensure that undocumented victims can safely report crime without the risk of immigration penalties, and obtain access to services (including shelters and other specialist services),protection and support, without discrimination;
Amendment 108 #
Motion for a resolution Paragraph 25 b (new) 25 b. Calls on Member State to enact legislation that provides avenues for undocumented victims, or victims with dependent residence status, to exit situations of abuse by making it possible to obtain independent residence status; and urges the European Commission to encourage and facilitate the exchange and evaluation of existing good practices among member states, which integrates the perspectives of victims and civil society;
Amendment 109 #
Motion for a resolution Paragraph 27 – subparagraph 1 (new) Calls on Member States to assure that, if the victim does not reside in the Member State where the act of terrorism took place, this Member State should cooperate with the Member State of residence in order to facilitate assistance for the victim;
Amendment 11 #
Motion for a resolution Citation 13 b (new) - having regard to the survey by the European Union Agency for Fundamental Rights (FRA) entitled 'Second European Union minorities and discrimination survey', published in December 2017,
Amendment 111 #
Motion for a resolution Subheading 3 b (new) Calls on the Member states to provide and expand the quantity and accessibility of women’s shelters and to make sure that women survivors of violence are never declined a place, insists that services need to be expanded to more adequately meet the needs of differently abled women and migrant women, particularly undocumented migrant women. These shelters should assist all women facing violence in close relationships and be available 24/7and be free of charge to women and their children;
Amendment 112 #
Motion for a resolution Subheading 3 c (new) Calls on the Member States to provide and expand women’s centres, the term ‘women’s centre’ includes all women’s services providing non-residential specialist support such as information, advice, advocacy counselling, practical support, court accompaniment and outreach services. It includes women’s crisis or counselling centres serving women survivors of violence, rape crisis centres, pro-active intervention centres, regional domestic violence centres, centres for women victims of trafficking and similar services serving only, or predominantly, women.
Amendment 113 #
Motion for a resolution Paragraph 18 a (new) 18 a. Calls on the Member States to provide a full range of measures to facilitate victims’ access to housing and employment, including providing shelter for victims of gender-based violence and their children, in order for women to feel safe and able to report gender based violence.
Amendment 114 #
Motion for a resolution Paragraph 10 10. Recalls that one of the most important objectives of the Victims’ Rights Directive
Amendment 115 #
Motion for a resolution Paragraph 13 13. Highlights the fact that individual assessments are crucial
Amendment 116 #
Motion for a resolution Paragraph 13 a (new) 13 a. Calls on the Member States to ensure that individual assessments are timely offered to women victims of gender-based violence, if necessary, during their first contact with a competent authority, in order to prevent secondary and repeat victimisation, intimidationand retaliation;
Amendment 117 #
Motion for a resolution Paragraph 6 a (new) 6 a. Urges the Member States to take adequate measures to prevent secondary or re-victimization before and during the legal process and explicitly sanction victim blaming attempts in court;
Amendment 118 #
Motion for a resolution Paragraph 20 a (new) 20 a. Calls on the Member States to actively engage in campaigns to prevent gender based violence and re- victimization in the justice system and in the media; and to encourage the private sector, the information technology sector and the media to make use of their potential and participate in the prevention of violence against women and domestic violence;
Amendment 119 #
Motion for a resolution Paragraph 18 a (new) 18 a. Calls on the Member States to step up criminal procedure law measures guaranteeing the protection of child victims throughout the entirety of criminal proceedings and thereafter to ensure that they receive assistance and support, thereby avoiding that child victims are exposed to secondary victimisation;
Amendment 12 #
Motion for a resolution Citation 15 a (new) - Having regard to the study by the European Union Agency for Fundamental Rights (FRA) entitled ‘Child-friendly justice -Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States’, published in February 2017,
Amendment 120 #
Motion for a resolution Paragraph 13 a (new) 13a. Stresses that abusive fathers can never be good fathers and therefore calls on the Member States to take steps to take away their right to custody and/or to see their children;
Amendment 121 #
Motion for a resolution Paragraph 16 a (new) 16a. Calls on the Member States to make the procedures more flexible and speed up the process of forwarding the judgments for gender-based violence handed down in a country, particularly in the case of international couples, so that the authorities in the countries which the spouses come from can act accordingly as soon as possible and prevent custody of their children being given to a father accused of gender- based violence in another country;
Amendment 122 #
Motion for a resolution Paragraph 18 b (new) 18 b. Calls on the Member States to take into account significant incidents of gender-based violence, including domestic violence when determining custody and visitation rights; the rights and needs of child witnesses should be also taken into account when providing protection and support services to victims.
Amendment 123 #
Motion for a resolution Paragraph 14 14. Stresses that ensuring further training programmes at EU level is of paramount importance for the harmonisation and standardisation of procedures across the Member States and ensuring equal treatment for European citizens;
Amendment 124 #
Motion for a resolution Paragraph 10 a (new) 10 a. calls on the Member states to reinforce the rights of victims of hate crimes, including against LGBTI persons or hate crimes with racist motives;
Amendment 125 #
Motion for a resolution Paragraph 11 11. Calls on the Member States to properly implement in their legislation the individual assessment of the victims, this being an essential procedural step to detect and identify the specific needs of a victim, and consequently to grant specific protection in accordance with the victim’s needs; recalls that the gender dimension must be strengthened in all provisions since women and LGBTQI victims of gender-based violence require special attention and protection because of a high risk of repeated victimization and therefore specific measures and specialist support should be insured;
Amendment 126 #
Motion for a resolution Paragraph 11 11. Calls on the Member States to properly implement in their legislation the individual assessment of the victims, this being an essential procedural step to detect and identify the specific needs of a victim, and consequently to grant specific protection in accordance with the victim’s needs; the individual assessment needs to be reviewed on a regular basis to determine on-going support needs, and a follow-up review within an appropriate period of time after the crime happened, based on existing knowledge of trauma reactions, shall be provided to victims.
Amendment 127 #
Motion for a resolution Paragraph 11 11. Calls on the Member States to properly implement in their legislation the individual assessment of the victims, this being an essential procedural step to detect and identify the specific needs of a victim, and consequently to grant specific protection in accordance with the victim’s needs; reminds that under the Victim´s Rights Directive everybody, who suffered in consequence of criminal activities, must be granted the same support throughout the EU as well as all information about their rights and possibilities of claiming their rights.
Amendment 128 #
Motion for a resolution Paragraph 11 11. Calls on the Member States to properly implement in their legislation the individual assessment of the victims, this being an essential procedural step to detect and identify the specific needs of a victim, and consequently to grant specific protection in accordance with the victim’s needs and their human rights;
Amendment 129 #
Motion for a resolution Paragraph 11 – subparagraph 1 (new) Recalls that some victims have specific needs based on the type or on the circumstances of crime they are victim of. Individual assessment is particularly needed for victims of trafficking in human beings and child victims of sexual abuse, given the social, physical and psychological repercussions of these crimes;
Amendment 13 #
Motion for a resolution Citation 15 b (new) - Having regard to the FRA Fundamental Rights Report 2017, published June 2017
Amendment 130 #
Motion for a resolution Paragraph 11 – subparagraph 1 (new) Regrets the difficulties experienced by victims to access support services; Deplores that in some Member States, victims support services have still not been set up; Highlights that victim support services should be accessible even when a person has not proven yet that he or she is victim of a crime, or before any official procedure or act has taken place;
Amendment 131 #
Motion for a resolution Paragraph 12 12. Calls on the Member States to pay particular attention to the individual assessment of
Amendment 132 #
Motion for a resolution Paragraph 12 12. Calls on the Member States to pay particular attention to the individual assessment of minors and of child victims of
Amendment 133 #
Motion for a resolution Paragraph 12 12. Calls on the Member States to pay particular attention to the individual assessment of minors and of child victims of human trafficking
Amendment 134 #
Motion for a resolution Paragraph 12 12. Calls on the Member States to ensure that all individual assessments are gender sensitive and to pay particular attention to the individual assessment of minors and of child victims of human trafficking;
Amendment 135 #
Motion for a resolution Paragraph 12 12. Calls on the Member States to pay particular attention to the individual assessment of minors and of child victims of gender-based violence and human trafficking;
Amendment 136 #
Motion for a resolution Paragraph 13 13. Highlights the fact that individual assessments are crucial as they help the victim realise that he or she has certain rights, and the right to make decisions
Amendment 137 #
Motion for a resolution Paragraph 13 13. Highlights the fact that individual assessments are crucial as they help the victim realise that
Amendment 138 #
Motion for a resolution Paragraph 13 13. Highlights the fact that individual assessments are crucial as they help the victim realise that
Amendment 139 #
Motion for a resolution Paragraph 14 – subparagraph 1 (new) Calls on the Member States to provide specific training for persons responsible for assisting victims of terrorist acts, as well as granting the necessary resources to that effect;
Amendment 14 #
Motion for a resolution Citation 20 a (new) - having regard to the Yogyakarta Principles plus 10 of 10 November 2017 on the Principles and State Obligations on the Application of International Human Rights Law in Relation to Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics;
Amendment 140 #
Motion for a resolution Paragraph 15 15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victims, as a means of reducing post-traumatic stress; stresses that such training should also be included in education programmes, in cooperation with civil society and NGOs, and that compulsory and other specific training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a
Amendment 141 #
Motion for a resolution Paragraph 15 15. Calls on the Commission and the Member States to provide gender sensitive training programmes and guidelines for law practitioners, police officers, prosecutors
Amendment 142 #
Motion for a resolution Paragraph 15 15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victims, as a means of reducing post-traumatic stress; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime,
Amendment 143 #
Motion for a resolution Paragraph 15 15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victims, as a means of reducing post-traumatic stress; recalls that particular attention should be given to training professionals dealing with victims of child-related crimes, especially in cases of sexual abuse and sexual exploitation; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind-
Amendment 144 #
Motion for a resolution Paragraph 15 15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victims, as a means of reducing post-traumatic stress; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- set; and help professionals prevent violence and provide appropriate support to vulnerable population groups, such as LGBTI people;
Amendment 145 #
Motion for a resolution Paragraph 15 15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victims, as a means of reducing post-traumatic stress; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- set and help professionals prevent violence and provide appropriate support to vulnerable population groups, such as LGBTI people;
Amendment 146 #
Motion for a resolution Paragraph 15 15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to
Amendment 147 #
Motion for a resolution Paragraph 15 15. Calls on the Commission and the Member States to provide training programmes and guidelines for all professionals, for example; law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victims, as a means of reducing post-traumatic stress; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- set;
Amendment 148 #
Motion for a resolution Paragraph 18 – subparagraph 1 (new) Calls on the Member States to ensure they comply with all obligations on training for police officers and to include in their training how to conduct the individual assessment of victims in a timely manner while ensuring its efficient and flawless implementation
Amendment 149 #
Motion for a resolution Paragraph 15 – subparagraph 1 (new) Recalls that children victims of crime are particularly vulnerable and should therefore be assisted by professionals specially trained to deal with them, taking into account the needs associated with different age groups, and to communicate in a child friendly manner;
Amendment 15 #
Motion for a resolution Citation 20 d (new) - having regard to the Yogyakarta Principles plus 10 of 10 November 2017 on the Principles and State Obligations on the Application of International Human Rights Law in Relation to Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics;
Amendment 150 #
Motion for a resolution Paragraph 15 a (new) 15a. Points out that those professionals who first see to victims should be their first port of call for information on their rights and programmes designed for public services to tackle situations that lead to victimisation;
Amendment 151 #
Motion for a resolution Paragraph 15 a (new) 15 a. Calls on the Member States to ensure that information about victim support services and victims’ rights is accessible to health professionals, who are often initially contacted by women victims of gender-based violence and therefore, can play an enhanced role in identifying and channelling cases of violence against women; encourages the Member States to provide targeted trainings for health professionals, enabling them to identify cases of potential abuse and to encourage women victims to contact a competent authority;
Amendment 152 #
Motion for a resolution Paragraph 15 a (new) 15 a. Underlines that health care professionals are key to detect victims of domestic violence, since violence against women in close relationships affects both the physical and mental health in long term.
Amendment 153 #
Motion for a resolution Paragraph 17 – subparagraph 1 (new) Calls on Member States to provide training to a wide range of healthcare professionals including general practitioners, doctors specialized in emergency assistance, nurses, medical assistants, clinical social workers and reception staff with a view to providing an effective response to the victim, particularly in relation to gender-based violence ; recommends placing a duty on medical staff in hospitals to report suspected crimes to the police and provide victims with information on their rights and access to support;
Amendment 154 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on the Member States to monitor the conditions that the children of women murdered by their husbands find themselves in and the problems that they face and to take the requisite measures to meet their needs with regard to education, housing, social and psychological support, etc.;
Amendment 155 #
Motion for a resolution Paragraph 15 b (new) 15b. Encourages the Commission to give practical meaning to the international day for victims of terrorism by organising at least bi-annually an international meeting devoted specifically to the exchange of experiences and best practices between local, regional and national authorities of Member States and the gathering of victim testimonies. This should help ensure the quick, uniform and full transposition of the directive; encourages the early identification of common application problems; and calls for a process for the constant evaluation of its capacity to raise awareness and add an operational dimension to shows of solidarity and institutional and social support for victims.
Amendment 156 #
Motion for a resolution Paragraph 16 Amendment 157 #
Motion for a resolution Paragraph 16 a (new) 16a. Calls on the Member States to guarantee access for victims of crimes committed in another Member State to information concerning their rights and to the support services and compensation schemes available in the Member State in which the crime was committed; calls, in this regard, on the Member States to take appropriate action to facilitate cooperation between their competent authorities or entities providing specialist support to ensure that victims have effective access to such information and services;
Amendment 158 #
Motion for a resolution Paragraph 16 a (new) 16 a. Asks the Commission and the Council to further develop the rights of victims so that the EU can play the leading role in the protection of victims´ rights;
Amendment 159 #
Motion for a resolution Paragraph 18 18. Calls on the Member States to provide measures – such as facilities for submitting complaints online or the removal of financial charges – that would facilitate the victim’s ability to lodge a complaint and obtain
Amendment 16 #
Motion for a resolution Citation 20 b (new) - having regard to the Council of Europe Recommendation CM/Rec(2006)8 of 14 June 2006 of the Committee of Ministers to member states on assistance to crime victims;
Amendment 160 #
Motion for a resolution Paragraph 18 18. Calls
Amendment 161 #
Motion for a resolution Paragraph 18 a (new) 18a. Calls on all Member States to implement and effectively enforce the right to information laid down in Article 4 of the Directive for all victims and potential victims;
Amendment 162 #
Motion for a resolution Paragraph 19 19. Reminds the Member States of the requirement to provide translation and interpretation services free of charge, noting that lack of information in other languages may constitute
Amendment 163 #
Motion for a resolution Paragraph 20 20. Urges the Commission and the Member States to engage actively in information campaigns to increase awareness about the rights of victims as established by EU law; stresses that such awareness-raising campaigns should also be organised in schools to inform children of their rights and also provide them with tools to detect all forms of crime they have suffered or witnessed;
Amendment 164 #
Motion for a resolution Paragraph 20 20. Urges the Commission and the Member States to engage actively in information campaigns to increase awareness about the rights of victims as established by EU law
Amendment 165 #
Motion for a resolution Paragraph 20 20. Urges the Commission and the Member States to engage actively in information campaigns to
Amendment 166 #
Motion for a resolution Paragraph 20 20. Urges the Commission and the Member States to engage actively in information campaigns to increase awareness about the rights of victims as established by EU law, including the specific needs of child victims;
Amendment 167 #
Motion for a resolution Paragraph 20 20. Urges the Commission and the Member States to engage actively and cooperate closely in information campaigns to increase awareness about the rights of victims as established by EU law;
Amendment 168 #
Motion for a resolution Paragraph 15 a (new) 15 a. Encourages Member States to set up awareness campaigns both at regional and national level to foster a cultural change in public opinion to avoid any victim-blaming attitude or behaviour engaged in some communities, which may result in additional trauma for victims of specific crimes such as gender based violence or sexual abuse;
Amendment 169 #
Motion for a resolution Paragraph 20 – subparagraph 1 (new) Calls on Member States to exchange best practices related to a victim-oriented approach for police officers in their daily work;
Amendment 17 #
Motion for a resolution Citation 20 e (new) - having regard to the Council of Europe Recommendation CM/Rec(2006)8 of 14 June 2006 of the Committee of Ministers to member states on assistance to crime victims;
Amendment 170 #
Motion for a resolution Paragraph 20 – point 1 (new) (1) Encourages Member States to adequately use EU funding aimed at adequate judicial training which is key to ensure that victims are well aware of their rights and are treated in a respectful manner;
Amendment 171 #
Motion for a resolution Paragraph 21 21. Calls on the Member States to exchange best practices on establishing mechanisms to encourage and facilitate for victims to report the crimes they have suffered; Calls on the Member States to step up specific measures to protect more effectively child victims of child sexual abuse by also improving the role of national helplines, given that self- reporting of children is limited;
Amendment 172 #
Motion for a resolution Paragraph 21 – subparagraph 1 (new) Calls on Member States to establish specific measures in the case of a mass casualty attack to enable large numbers of victims to participate in criminal proceedings;
Amendment 173 #
Motion for a resolution Paragraph 21 a (new) 21a Reminds the Member States that particular attention should be paid to the risk of intimidation and retaliation and to the need to protect the dignity and physical integrity of victims, including during questioning and when testifying, in order to determine whether and to what extent they should receive protection measures during the criminal proceedings;
Amendment 174 #
Motion for a resolution Paragraph 21 a (new) 21a. Stresses the need to improve information mechanisms in Member States to ensure that victims are not only aware of their rights, but that they know where to go for help in exercising them;
Amendment 175 #
Motion for a resolution Paragraph 21 a (new) 21a. Stresses the importance of the obligation to inform victims of the procedural and criminal situation of perpetrators, particularly when prison sentences are being served or handed down.
Amendment 176 #
Motion for a resolution Paragraph 22 a (new) 22 a. Highlights the importance of relevant disaggregated comparable data on cases of all crimes, in particular when it comes to violence against women and human trafficking, in order to ensure a better understanding of the problem, and to raise awareness, assess and improve Member States’ action to support victims.
Amendment 177 #
Motion for a resolution Paragraph 23 23. Calls on the Commission to counteract the judicial and practical flaws in the implementation of this directive by a proper interplay of the various EU victim- protection instruments, such as Directive 2011/99/EU of 31 December 2011 on the European Protection Order, Directive 2011/36/ EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, Directive 2011/93/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and Directive 2014/42/EU of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime; calls on the Member States to implement these important instruments, including the Istanbul Convention on preventing and combating violence against women and girls, with coherence in order to ensure that victims in Europe fully enjoy their rights;
Amendment 178 #
Motion for a resolution Paragraph 23 – subparagraph 1 (new) Recalls that an efficient set of guarantees in terms of witness protection is key to enhance the trust in criminal justice systems and consequently to fight against transnational organised crime;
Amendment 179 #
Motion for a resolution Paragraph 23 a (new) 23 a. Encourages Member States to take appropriate measures to effectively protect witnesses from potential retaliations or intimidations as well as to step up the exchange of best practices and international cooperation in this area;
Amendment 18 #
Motion for a resolution Citation 20 c (new) - having regard to the Council of Europe Recommendation CM/Rec(2010)5 of 31 March 2010 of the Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation and gender identity;
Amendment 180 #
Motion for a resolution Paragraph 23 a (new) 23 a. Calls on the Commission to include sectoral examinations in its monitoring and reporting, to ensure equal application of the directive to protect all victims irrespective of the ground of victimisation or specific characteristics, including race, colour, religion, gender, gender identity, gender expression, sexual orientation, sex characteristics, disability, migration status or any other status;
Amendment 181 #
Motion for a resolution Paragraph 23 b (new) 23 b. Calls on the Commission to include sectoral examinations in its monitoring and reporting, to ensure equal application of the directive to protect all victims irrespective of the ground of victimisation or specific characteristics, including race, colour, religion, gender, gender identity, gender expression, sexual orientation, sex characteristics, disability, migration status or any other status;
Amendment 182 #
Motion for a resolution Paragraph 25 25. Calls on the Member States to put in place measures to ensure that written and oral communications comply with simple language standards, adapted to minors and people with disabilities, in a language that the victim can understand, so that victims can be kept informed on their rights in an adequate and targeted manner before, during and after criminal proceedings;
Amendment 183 #
Motion for a resolution Paragraph 25 25. Calls on the Member States to put in place measures to ensure that written and oral communications comply with simple language standards taking in consideration vulnerable groups such as children and people with disabilities, so that victims can be kept informed in an adequate and targeted manner before, during and after criminal proceedings;
Amendment 184 #
Motion for a resolution Paragraph 25 25. Calls on the Member States to put in place measures to ensure that written and oral communications
Amendment 185 #
Motion for a resolution Paragraph 25 25. Calls on the Member States to put in place measures to ensure that written and oral communications comply with simple language standards so that victims can be kept informed in an adequate, comprehensible and targeted manner before, during and after criminal proceedings;
Amendment 186 #
Motion for a resolution Paragraph 25 – subparagraph 1 (new) Calls on Member States to ensure that where the exercise of rights is bound by time limitation periods, delays resulting from translation and interpretation difficulties shall betaken into account;
Amendment 187 #
Motion for a resolution Paragraph 26 26. Calls on the seven Member States that have not yet done so to consider stalking a criminal offense on the basis of the relevant provisions in the directive on the right to protection of privacy, the right to protection and, in particular, the right to avoid contact with the offender; and that Member States should take in consideration the fact that stalking is a common form of gender based violence that need specific prevention measures;
Amendment 188 #
Motion for a resolution Paragraph 26 26. Calls on the seven Member States that have not yet done so to consider stalking a criminal offense on the basis of the relevant provisions in the directive on the right to protection of privacy, the right to protection
Amendment 189 #
Motion for a resolution Paragraph 26 26. Calls on the seven Member States that have not yet done so to consider stalking a criminal offense on the basis of the relevant provisions in the directive on the right to protection of privacy, the right to protection and, in particular, the right to avoid contact with the offender or with other potential perpetrators or accomplices;
Amendment 19 #
Motion for a resolution Citation 20 f (new) - having regard to the Council of Europe Recommendation CM/Rec(2010)5 of 31 March 2010 of the Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation and gender identity;
Amendment 190 #
Motion for a resolution Paragraph 26 26.
Amendment 191 #
Motion for a resolution Paragraph 26 a (new) 26a. Calls on Member States to avoid subsequent victimisation arising from humiliation and honour attacks on the victim by sections of society close to the original attacker; reiterates that such acts constitute additional victimisation and should not be protected by the right to the freedom of expression, as set out in article 10(2) of the European Convention on Human Rights and jurisprudence of the European Court of Human Rights1a _________________ 1aJudgment of 16 July 2009, case Feret v Belgium, §73
Amendment 192 #
Motion for a resolution Paragraph 27 27. Calls on the Member States to ensure that an emergency information telephone line is in operation following an attack or, preferably, to incorporate this service within the services provided by the European emergency number 112, and that provisions are made to provide foreign language assistance; calls, therefore, on all Member States to immediately implement Article 22 of the Victims’ Rights Directive in their legislation;
Amendment 193 #
Motion for a resolution Paragraph 27 a (new) 27 a. Calls on the Member States to provide a 24/7 open and free of charge national helpline for women and LGBTQI victims of gender based violence;
Amendment 194 #
Motion for a resolution Paragraph 28 28. Calls on the Member States to guarantee assistance to victims from victim support services before, during and after criminal proceedings, including psychological support;
Amendment 195 #
Motion for a resolution Paragraph 28 28. Calls on the Member States to guarantee assistance to victims from victim support services before, during and after criminal proceedings, including psychological support; deplores the fact that in some countries, governments rely heavily on NGOs to provide key support services to victims (‘volunteerism’); and insists that these Member States make sure to increase the funding and resources for the women’s rights and victims’ rights NGOs;
Amendment 196 #
Motion for a resolution Paragraph 28 28. Calls on the Member States to guarantee assistance to victims from victim support services before, during and after criminal proceedings, including psychological support; deplores the fact that in some countries, governments rely heavily on NGOs to provide key support services to victims (‘volunteerism’), commends the work of these NGOs and calls on Member States to make available adequate resources to support their important work;
Amendment 197 #
Motion for a resolution Paragraph 28 28. Calls on
Amendment 198 #
Motion for a resolution Paragraph 28 – subparagraph 1 (new) Calls on Member State to provide specialists' support to victims of terrorism in emergency response-planning to ensure delivery of appropriate support services immediately after an attack as well as in the long term.
Amendment 199 #
Motion for a resolution Paragraph 28 – point 1 (new) (1) Calls on the Member States to establish specific measures to ensure the provision of information to victims not resident in the territory of the Member State of a terrorist attack. Such measures shall in particular focus on the rights of non-resident victims within criminal proceedings and for compensation.
Amendment 2 #
Motion for a resolution Citation 5 a (new) - having regard to the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted on 29 November 1985,
Amendment 20 #
Motion for a resolution Recital A A. whereas 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 (‘Victims’ Rights Directive’) seeks to place the victim of a crime at the centre of the criminal justice system, and aims to strengthen the rights of victims of crime so that any victim can rely on the same level of rights, no matter where the offence took place
Amendment 200 #
Motion for a resolution Paragraph 29 29. Calls on all Member States to tackle impunity at all times and to work in a cross-sectoral way to identify and address systemic factors that contribute to repeat victimisation of people in situations of vulnerability and/or who face high levels of discrimination, as not doing so could have a severe impact the psychological recovery process of the victim;
Amendment 201 #
Motion for a resolution Paragraph 29 29. Calls on all Member States to tackle impunity at all times as not doing so could have a severe impact the psychological recovery process of the victim, particularly if national legal authorities express understanding towards foreign cultures by mitigating the penalty;
Amendment 202 #
Motion for a resolution Paragraph 29 29. Calls on all Member States to
Amendment 203 #
Motion for a resolution Paragraph 29 – subparagraph 1 (new) Calls on the Member States to set up legal mechanisms to criminalise the glorification of an act of terrorism if this humiliates the victims and might cause secondary victimisation by damaging the dignity and recovery of the victim who was victimised through that act of terrorism;
Amendment 204 #
Motion for a resolution Paragraph 29 a (new) 29a. Considers that the victims of terrorism must be kept central to European society, as a symbol of the defence of democratic pluralism; to this end, calls for conferences, memorials and audiovisual material to raise awareness among European citizens, and for a European register of victims for administrative use;
Amendment 205 #
Motion for a resolution Paragraph 29 a (new) 29 a. Calls on the Member States to ensure stronger protection for victims of gender based violence, including sexual violence, as a means to improve access to justice as well as more efficient criminal proceedings.
Amendment 206 #
Motion for a resolution Paragraph 29 b (new) 29b. Recalls the specific nature of victims of terrorist attacks, who fall into a separate category and who have specific needs; calls on the European Commission to draft a specific Directive on the Protection of Victims of Terrorism;
Amendment 207 #
Motion for a resolution Paragraph 30 30. Calls on the Member States to guarantee support services such as access to reproductive health service, trauma support and counselling as a part of targeted support for victims with specific needs, such as children, women victims of gender-based violence, victims of human trafficking and people with disabilities;
Amendment 208 #
Motion for a resolution Paragraph 30 30. Calls on
Amendment 209 #
Motion for a resolution Paragraph 30 30. Calls on the Member States to guarantee support services such as trauma support and counselling as a part of targeted support for victims with specific needs, such as children
Amendment 21 #
Motion for a resolution Recital B B. whereas 23 out of 27 Member States have transposed the Victims’ Rights Directive into national legislation as of September 2017; whereas the Commission has started 16 infringement procedures against Member States that are still not fully compliant in practice; whereas the directive has made it possible to initiate progress in dealing with victims of crime in another Member State; whereas shortcomings remain in cross-border cases;
Amendment 210 #
Motion for a resolution Paragraph 30 30. Calls on the Member States to guarantee support services such as trauma support and counselling as a part of targeted support for victims with specific needs, such as children , LGBTI people and people with disabilities;
Amendment 211 #
Motion for a resolution Paragraph 30 30. Calls on the Member States to guarantee support services such as trauma support and counselling as a part of targeted support for victims with specific needs, such as children, LGBTI people and people with disabilities;
Amendment 212 #
Motion for a resolution Paragraph 30 – subparagraph 1 (new) Reiterates that a person who has fallen victim of crime in another member state or who is not a citizen of the European Union is also eligible to enjoy the rights, support and protection this Directives ensures;
Amendment 213 #
Motion for a resolution Paragraph 31 31. Calls on the Member States to establish adequate quality control mechanisms for assessing whether they have met the requirements for gender sensitive and women- and child friendly standards as regards provisions made by victims support services to encourage the reporting of crimes and effectively protect the victim;
Amendment 214 #
Motion for a resolution Paragraph 32 – subparagraph 1 (new) Calls on the Commission to highlight the use of the EU-funded Project called ‘InfoVictims’ as a tool to inform victims on criminal process by using different communications means such as brochures and posters to reach out to them; this project enhances the sharing of good practices for informing victims of crimes;
Amendment 215 #
Motion for a resolution Paragraph 33 33. Calls on the Member States to establish coordinated mechanisms to collect information on victims of a terrorist attack taking place in their territory,
Amendment 216 #
Motion for a resolution Paragraph 33 33. Calls on the Member States to establish coordinated mechanisms to collect information on victims of a terrorist attack taking place in their territory, and to provide victims, through the creation and development of a one-stop shop, a web portal and an emergency telephone line, with
Amendment 217 #
Motion for a resolution Paragraph 33 – subparagraph 1 (new) Calls on Member States to adopt appropriate measures to avoid, in the matter of possible, an attack on the private life of the victim and the family members, in particular related to investigative activity and during legal procedures;
Amendment 218 #
Motion for a resolution Paragraph 33 – point 1 (new) (1) Calls on the Commission to turn the current e-Justice portal into a more user-friendly platform that will provide concise and understandable information to victims about their rights and the procedures to be followed;
Amendment 219 #
Motion for a resolution Paragraph 33 a (new) 33 a. Calls on Member States to engage, in full respect of freedom of expression, with media and journalists to adopt measures of auto-regulation in the aftermath of a terror attack in order to guarantee the protection of the private life of victims and their family members and in addition recognise the value of cooperating with specialised services for victims assistance and support in helping victims to deal with the media attention they receive;
Amendment 22 #
Motion for a resolution Recital B a (new) B a. Whereas there are unified standards and instruments on a European level to benefit the lives of EU citizens, victims of crime are still treated differently in every country;
Amendment 220 #
Motion for a resolution Paragraph 33 a (new) 33a. This web service should have a single, Europe-wide web address to which the location of each attack can be appended, using homogeneous syntax to ensure that the existence of this resource can be easily relayed to all European citizens and accessed by them. For reasons of economy of scale, effectiveness and consistency, this European domain should incorporate the European emergency telephone number 112.
Amendment 221 #
Motion for a resolution Paragraph 33 a (new) 33 a. Encourages the Member States to take measures, such as promoting awareness-raising in all areas of victims’ rights, setting up telephone helplines and women’s shelters, to encourage and facilitate reporting of gender-based violence, and to offer immediate assistance to women victims;
Amendment 222 #
Motion for a resolution Paragraph 34 34. Calls on the Member States to establish coordination mechanisms to ensure effective transition of support for victims from immediate care in the aftermath of a crime to assistance as needed in the longer term; notes that the local and regional authorities that provide the majority of assistance services to victims should be included at all stages of planning, decision-making and implementation; stresses that such mechanisms should, in particular, ensure the referral of victims to long-term services whereby different organisations provide support during different phases, noting that these mechanisms should also have a cross-border functionality in order to provide victim support services, and guarantee the victim’s right to be informed, when the crime has taken place in a Member State other than the one in which the victim resides;
Amendment 223 #
Motion for a resolution Paragraph 34 34. Calls on the Member States to establish coordination mechanisms to ensure effective transition of support for
Amendment 224 #
Motion for a resolution Paragraph 34 34. Calls on the Member States to establish coordination mechanisms to ensure effective transition of support for victims from immediate gender sensitive care in the aftermath of a crime to assistance as needed in the longer term; stresses that such mechanisms should, in particular, ensure the referral of victims to long-term services where by different organisations provide support during different phases, noting that these mechanisms should also have a cross- border functionality in order to provide victim support services, and guarantee the victim’s right to be informed, when the crime has taken place in a Member State other than the one in which the victim resides;
Amendment 225 #
Motion for a resolution Paragraph 34 – subparagraph 1 (new) Calls on Member States, in case of a terrorist attack, to establish a coordination centre to bring together those organisations and experts competent to provide information, support and practical services to the victims and to their families and relatives.The services shall be confidential, free of charge and easily accessible to all victims of terrorism.They shall include in particular: (a) Specialist emotional and psychological support, such as trauma support and counselling specifically adapted to the needs of victims of terrorism; (b)Vocational rehabilitation services to assist victims suffering from injuries and harm to find new jobs or change careers; (c) Facilitation of safe virtual connections for victims with other victims and victim run support groups; (d) Community based support services; (e) Services to inform family members of the identification of victims and their remains and repatriate remains;
Amendment 226 #
Motion for a resolution Paragraph 34 – point 1 (new) (1) Calls on Member States to set up a single centre to receive family members of victims, and where appropriate direct victims, immediately after a terrorist attack and in particular provide family members with: a) emotional and psychological support in accordance with their need; b) practical assistance; c) information on the attack and on victims; d). a secure environment for family members to meet; e). security from the press and advice on handling press requests.
Amendment 227 #
Motion for a resolution Paragraph 34 a (new) 34 a. Regrets that, compared to the Istanbul Convention, the scope of the Victims’ Rights Directive is more limited as regards protection of victims of gender- based violence (including persons affected by FGM); at the same time welcomes the Victims' Rights stronger accountability mechanism and stresses that the two instruments should be promoted together to maximize the protection offered to victims of gender-based violence.
Amendment 228 #
Motion for a resolution Paragraph 34 a (new) 34 a. Encourages Members States to provide adequate information material as well as free legal aid to victims of terrorism who are parties to criminal proceedings to obtain a decision on compensation;
Amendment 229 #
Motion for a resolution Paragraph 34 a (new) 34a. Calls on the Commission to propose the creation of a European fund for assistance to victims of terrorism;
Amendment 23 #
Motion for a resolution Recital C C. whereas despite many changes introduced in Member States, victims still often lack awareness of their rights, undermining the Victims’ Rights Directive’s effectiveness on the ground, in particular the requirement of accessibility of information;
Amendment 230 #
Motion for a resolution Paragraph 35 Amendment 231 #
Motion for a resolution Paragraph 35 35. Calls on the Member States to establish: a) a permanent dedicated website on which all public information on a terrorist attack that has taken place in that Member State can be accessed
Amendment 232 #
Motion for a resolution Paragraph 35 35. Calls on the Member States to establish a permanent dedicated website on which all public information on support services established following a terrorist attack that has taken place in that Member State can be accessed;
Amendment 233 #
Motion for a resolution Paragraph 35 – subparagraph 1 (new) Calls on the Commission to present a legal act to support Member States in the prevention and suppression of all forms of violence against women and girls and of gender-based violence;
Amendment 234 #
Motion for a resolution Paragraph 35 – point 1 (new) (1) Calls on the Member States to establish a national network of victim support services to enhance cooperation between these organizations and to launch working groups to share good practices, develop training and improve communication between authorities and victims of crime;
Amendment 235 #
Motion for a resolution Paragraph 35 a (new) 35a. Calls on the Commission to begin a dialogue with the Member States in order to reduce the strong disparities2 a in national financial compensation granted by each Member State to victims of terrorist attacks; _________________ 2aNational financial compensation ranges from the symbolic amount of one euro in some Member States up to EUR 250 000 or more in others.
Amendment 236 #
Motion for a resolution Paragraph 35 a (new) 35 a. Underlines that it is vital that Member States respond to victims of crime in a respectful, sensitive and professional manner in order to trigger encouragement for victims of crime to report to law enforcement or medical staff;
Amendment 237 #
Motion for a resolution Paragraph 35 a (new) 35 a. Calls on all Member States and the EU to ratify and fully enforce the Council of Europe Istanbul Convention to prevent and combat violence against women and girls and protect victims;
Amendment 238 #
Motion for a resolution Paragraph 35 a (new) 35 a. Calls on the Member States to ensure that the 112 emergency hotline is fully accessible for disabled persons and that awareness of it is raised through campaigns;
Amendment 239 #
Motion for a resolution Paragraph 35 b (new) 35 b. Calls on Member States to set up mechanisms for recovering adequate compensation payments from the offender;
Amendment 24 #
Motion for a resolution Recital C a (new) C a. Whereas victim support groups encompass the needs of victims, amongst their legal support, into four necessities: the right to justice, dignity, truth and memory, by which the later stands for rebuking terrorism unconditionally
Amendment 240 #
Motion for a resolution Paragraph 36 36. Calls on the Council to activate the passerelle clause by adopting a unanimous decision to identify violence against women and girls
Amendment 241 #
Motion for a resolution Paragraph 36 36. Calls on the Council to activate the passerelle clause by adopting a unanimous decision to identify violence against women and girls (and other forms of gender-based violence) as a criminal offence under Article 83(1) TFEU;
Amendment 242 #
Motion for a resolution Paragraph 36 36. Calls on the Council to activate the passerelle clause by adopting a unanimous decision to identify violence against
Amendment 243 #
Motion for a resolution Paragraph 36 a (new) 36a. Again repeats its call on the European Commission to present as soon as possible a European strategy for preventing and combating all forms of gender-based violence, including an EU legislative act to end and prevent violence against women in all Member States;
Amendment 244 #
Motion for a resolution Paragraph 36 a (new) 36 a. Calls on the Commission to submit a legal act to support Member States in the prevention and suppression of all forms of violence against women and girls and of gender-based violence;
Amendment 245 #
Motion for a resolution Paragraph 37 37. Calls on the Member States to implement
Amendment 246 #
Motion for a resolution Paragraph 37 37. Calls on the Member States to implement, properly and in full cooperation with the Commission and other relevant actors, including civil society, all provisions of the Victims’ Rights Directive;
Amendment 247 #
Motion for a resolution Paragraph 37 37. Calls on the Member States to implement, properly, effectively and in full cooperation with the Commission, all provisions of the Victims’ Rights Directive;
Amendment 248 #
Motion for a resolution Paragraph 37 a (new) 37 a. Calls on the Commission to include the priority of safeguarding personal security and the protection of all individuals from gender-based and interpersonal violence in the European Agenda on Security;
Amendment 25 #
Motion for a resolution Recital D D. whereas some Member States show a lack of coordination between various victim support services, both locally and regionally; whereas support infrastructure for victims is highly fragmented in the majority of Member States, which makes it difficult for them to access the existing support services;
Amendment 26 #
Motion for a resolution Recital D D. whereas some Member States show an absence of victim support services, as well as a lack of coordination between various victim support services, both locally and regionally;
Amendment 27 #
Motion for a resolution Recital D D. whereas some Member States show a lack of coordination between various victim support services,
Amendment 28 #
Motion for a resolution Recital D D. whereas some Member States show a lack of coordination between various victim support services,
Amendment 29 #
Motion for a resolution Recital D a (new) D a. whereas women’s shelters and centres, together with women’s helplines, are core agencies for the support of women victims of violence and their children; whereas there is a lack of adequate women’s shelter and centres provision in Europe and more shelters are urgently required since women’s shelters provide safety, accommodation, counselling and support to women survivors of domestic violence and their children; whereas the lack of women’s shelters can jeopardize lives;
Amendment 3 #
Motion for a resolution Citation 6 a (new) - Having regard to the European Parliament Resolution on the EU accession to the Istanbul Convention to prevent and combat violence against women and domestic violence of 12 September 2017;
Amendment 30 #
Motion for a resolution Recital D a (new) D a. Whereas a Member State does not sufficiently cooperate with the Member State of residence in order to facilitate assistance for the victim in the case the victim does not reside in the Member State where the act of terrorism took place,
Amendment 31 #
Motion for a resolution Recital D a (new) Da. whereas if the institutions took effective and protective action to help the victims, citizens would support and trust the institutions and it would boost their role;
Amendment 32 #
Motion for a resolution Recital E E. whereas a wide range of health professionals are likely to come into contact with victims, especially victims of gender-based violence, and are often initially contacted by the victim to report a crime; whereas evidence shows that health professionals, such as doctors and other clinical professionals, receive limited training in responding effectively to gender-based violence;
Amendment 33 #
Motion for a resolution Recital E a (new) E a. whereas women victims of gender- based violence always require special support and protection, due to their particular vulnerability to secondary and repeat victimization;
Amendment 34 #
Motion for a resolution Recital E a (new) E a. whereas gender-based and interpersonal violence is the reality of almost all of us;
Amendment 35 #
Motion for a resolution Recital F F. whereas there is still a systematic underreporting of incidences or perpetrators of
Amendment 36 #
Motion for a resolution Recital F F. whereas there is still a systematic underreporting of incidences or perpetrators of domestic violence in the EU, particularly in cases involving minorities, LGBT persons, antisemitic offences, child sexual abuse and gender- based violence;
Amendment 37 #
Motion for a resolution Recital F F. whereas there is still a systematic underreporting of incidences or perpetrators of domestic violence in the EU, particularly in cases involving minorities, LGBTI persons, antisemitic offences and gender-based violence;
Amendment 38 #
Motion for a resolution Recital F F. whereas there is still a systematic underreporting of incidences or perpetrators of domestic violence in the EU, particularly in cases involving minorities, LGBTI persons, antisemitic offences and gender-based violence;
Amendment 39 #
Motion for a resolution Recital F F. whereas there is still a systematic underreporting of incidences or perpetrators of domestic
Amendment 4 #
Motion for a resolution Citation 7 a (new) - having regard to Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims,
Amendment 40 #
Motion for a resolution Recital F a (new) F a. whereas hate crimes against LGBTI persons is an EU -wide reality, and whereas there is underreporting of these crimes, and the rights of victims therefore are not respected,
Amendment 41 #
Motion for a resolution Recital F a (new) F a. whereas even if under Article 1 of the Directive all victims of crime are granted equal rights without discrimination, in reality most Member States have not put in place policies or processes to ensure that undocumented victims can safely report labour exploitation, gender-based violence, and other forms of abuse without the risk of immigration penalties, perpetuating their vulnerability to abuse and impunity for perpetrators; whereas due to the lack of these policies or processes, crimes go unreported and make society less safe; whereas this reality disproportionately affects women and girls, who are also more exposed to trafficking and sexual exploitation;
Amendment 42 #
Motion for a resolution Recital F a (new) F a. whereas the FRA study "Making hate crime visible in the European Union: acknowledging victims’ rights" states that an immigrant status enhances the risk of being criminally victimised, independent of other known risk factors;
Amendment 43 #
Motion for a resolution Recital F a (new) F a. whereas about two-thirds of women victims of gender-based violence do not report to an authority, because they fear retaliation, embarrassment and social stigma;
Amendment 44 #
Motion for a resolution Recital F b (new) F b. whereas Article 1 of the Directive states that the rights set out in the Directive shall apply to victims in a non- discriminatory manner, including with respect to their residence status;
Amendment 45 #
Motion for a resolution Recital F b (new) F b. whereas racist hate crimes against migrants and asylum seekers have increased throughout EU member states and whereas very few perpetrators of these hate crime are brought to justice;
Amendment 46 #
Motion for a resolution Recital F c (new) F c. whereas the FRA study on "Severe labour exploitation: workers moving within or into the European Union" states that victims of severe labour exploitation who are in an irregular situation of residence are discouraged by their status from reporting to any public authority;
Amendment 47 #
Motion for a resolution Recital F c (new) F c. whereas the #MeToo has highlighted that the justice system does not sufficiently deliver justice and protection to women and girls and that victims of gender based violence as a consequence does not receive the necessary support
Amendment 48 #
Motion for a resolution Recital F d (new) F d. whereas the FRA survey "Second European Union minorities and discrimination survey" states that only one out of eight respondents reported or filed a complaint about the most recent incident of discrimination they experienced because of their ethnic or immigrant background;
Amendment 49 #
Motion for a resolution Recital G G. whereas victims are often not well informed of the process and its outcomes; whereas all too often victims are unexpectedly informed of the release of an offender through media or other external factors;
Amendment 5 #
Motion for a resolution Citation 9 a (new) - having regard to Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings,
Amendment 50 #
Motion for a resolution Recital G G. whereas victims are all too often unexpectedly informed of the release of an offender through media or other external factors, instead of being informed by competent authorities;
Amendment 51 #
Motion for a resolution Recital G a (new) G a. whereas the definition of gender based violence should be based on the Istanbul convention, and also acknowledge the structural nature of violence against women and other forms of gender-based violence and its links to inequality between women and men that remains prevalent in society; whereas violence in close relationship, needs to be seen from a gender dimension because ‘violence in close relationship’ affects women disproportionately;
Amendment 52 #
Motion for a resolution Recital G a (new) G a. Whereas in a considerable number of cases the victim is also the most important witness in the trial and needs to be protected from possible retaliatory or threatening behaviour from the offender; therefore the need for security should be extended to include prevention of repeat or secondary victimisation;
Amendment 53 #
Motion for a resolution Recital G b (new) G b. Whereas victims and family members are not sufficiently informed about their rights when a crime has occurred in a Member State other than where the victim resides; Whereas different definitions of the concept of 'victim' exist across Member States where national legislations extend coverage to differing degrees, e.g. to family members;
Amendment 54 #
Motion for a resolution Recital G b (new) G b. whereas easily accessible and widely publicised helpline numbers are for many women the first step towards the help and support they need when they are experiencing violence in close relationships;
Amendment 55 #
Motion for a resolution Recital H H. whereas women are the ones who are the most exposed to stalking, which is a common form of gender-based violence, and whereas stalking as a specific offense has not been taken into account in the criminal codes of seven Member States;
Amendment 56 #
Motion for a resolution Recital H a (new) H a. Whereas certain rights such as the right to financial aid and compensation where not granted to or properly executed to the victims of the 2016 terrorist attacks in Brussels in accordance with the provisions the Victims’ Directive foresees;
Amendment 57 #
Motion for a resolution Recital H a (new) H a. whereas the ratification and full implementation of the Istanbul Convention provides a coherent European legal framework to prevent and combat violence against women and to protect the victims;
Amendment 58 #
Motion for a resolution Recital I – indent 4 - ensuring equal accessibility
Amendment 59 #
Motion for a resolution Recital I – indent 4 - ensuring equal accessibility for all victims to victim support services
Amendment 6 #
Motion for a resolution Citation 11 a (new) - having regard to Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters,
Amendment 60 #
Motion for a resolution Recital I – indent 4 - ensuring equal accessibility for all victims to victim support
Amendment 61 #
Motion for a resolution Recital I – indent 4 - ensuring equal accessibility for all victims to victim support services, particularly in the cases of LGBT victims and victims of hate crimes and honour- related crimes, regardless of their residence status;
Amendment 62 #
Motion for a resolution Recital I – indent 4 - ensuring equal accessibility for all victims to victim support services, particularly in the cases of child victims, LGBT victims and victims of hate crimes and honour-
Amendment 63 #
Motion for a resolution Recital I – indent 4 - ensuring equal accessibility for all victims to victim support services, particularly in the cases of LGBTI victims and victims of hate crimes and honour- related crimes;
Amendment 64 #
Motion for a resolution Recital I – indent 4 - ensuring equal accessibility for all victims to victim support services, particularly in the cases of LGBTI victims and victims of hate crimes and honour- related crimes;
Amendment 65 #
Motion for a resolution Recital I – indent 5 - guaranteeing rapid, efficient and victim-sensitive procedures in criminal court cases that take account of the special needs of the most vulnerable groups;
Amendment 66 #
Motion for a resolution Recital I – indent 5 a (new) - Collecting data on and analysing the culture of violence, misogyny and gender stereotypes, and their link with the incidence of hate crimes.
Amendment 67 #
Motion for a resolution Recital I – indent 5 a (new) - Whereas witness testimony is crucial to the proper functioning of the criminal justice system in any state upholding the rule of law;
Amendment 68 #
Motion for a resolution Recital I – indent 5 a (new) - To provide specific support services for victims of gender based violence, including women, girls and LGBTQI persons.
Amendment 69 #
Motion for a resolution Recital I – indent 5 a (new) - briefing victims on their aggressors' situation under criminal or procedural law;
Amendment 7 #
Motion for a resolution Citation 12 a (new) - Having regard to Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children online and offline and to the European Parliament Resolution on the implementation of the Directive of 14 December 2017;
Amendment 70 #
Motion for a resolution Recital I – indent 5 b (new) - Whereas witnesses are essential for the effective investigation on and prosecution of organised crime and terrorist groups, which often finance their activities through transnational human trafficking, minors sexual exploitation and trade in child sexual abuse material;
Amendment 71 #
Motion for a resolution Recital I – indent 5 b (new) - Collecting data on and analysing the culture of violence, misogyny and gender stereotypes, and their link with the incidence of hate crimes.
Amendment 72 #
Motion for a resolution Recital I – indent 5 c (new) - Whereas witness contribution is fundamental to dismantle transnational criminal organisations as well as terrorist groups;
Amendment 73 #
Motion for a resolution Recital I a (new) I a. Whereas victims of crime regularly report that enduring the process of justice is itself a type of victimization - a secondary or re-victimization; whereas factors that impact how victims experience the system include how they are treated during the process, and the amount of control and participatory access that they have;
Amendment 74 #
Motion for a resolution Recital I a (new) I a. Whereas victims of terrorism have suffered attacks that are intended ultimately to harm society or a larger group they represent. They therefore need special attention, support and social recognition due to the particular nature of the crime that has been committed against them;
Amendment 75 #
Motion for a resolution Recital I a (new) I a. whereas the common European approach on supporting and protecting victims was irreparably damaged by the German government and its dishonourable treatment of the victims of the Breitscheidplatz terror-act;
Amendment 76 #
Motion for a resolution Recital I a (new) I a. whereas only 27% of Europeans are familiar with the single European emergency telephone number 112, and not everyone has access to it yet;
Amendment 77 #
Motion for a resolution Recital I b (new) I b. Whereas specific attention must be given to the safety and protection of the children of women victims of gender based violence and domestic violence;
Amendment 78 #
Motion for a resolution Paragraph 1 1. Deplores that the Commission has not submitted a report to Parliament and to the Council on the application of the Victims’ Rights Directive by November 2017, in accordance with Article 29 of the directive; calls on the Member States to cooperate and send all relevant data and statistics to the Commission in order to facilitate its assessment on the implementation of the Directive;
Amendment 79 #
Motion for a resolution Paragraph 1 1.
Amendment 8 #
Motion for a resolution Citation 13 a (new) - having regard to the study by the European Union Agency for Fundamental Rights (FRA) entitled 'Severe labour exploitation: workers moving within or into the European Union ', published in June 2015,
Amendment 80 #
Motion for a resolution Paragraph 2 2.
Amendment 81 #
Motion for a resolution Paragraph 4 – introductory part 4. Deplores, however, the remaining important shortcomings in the transposition and implementation of the directive in many Member States, in particular as regards: - lack of legal aid (lawyer)
Amendment 82 #
Motion for a resolution Paragraph 4 – indent 1 - weak links in the victim support system, including lack of sufficient access to legal aid and compensation and inconsistent referral mechanisms,
Amendment 83 #
Motion for a resolution Paragraph 4 – indent 1 - shortcomings in victim support services, including weak links in the victim support system and inconsistent referral mechanisms,
Amendment 84 #
Motion for a resolution Paragraph 4 – indent 1 a (new) - the complexity of procedures to access the support services for the victims' problems;
Amendment 85 #
Motion for a resolution Paragraph 4 – indent 2 - the fact that clear information is often not provided in more than one language, making it de facto difficult for victims to seek protection abroad in another Member State;
Amendment 86 #
Motion for a resolution Paragraph 4 – indent 3 a (new) - the absence of measures taken to ensure that the lack of or uncertain residence status poses no barrier to victims´ ability to assert their right to safely report crime, obtain protection, services and justice under the directive;
Amendment 87 #
Motion for a resolution Paragraph 4 – indent 3 a (new) - the lack of financial support for services and the lack of coordination between support services;
Amendment 88 #
Motion for a resolution Paragraph 5 5. Highlights the importance of conducting the first contact with the victim properly, especially in the case of victims of gender-based violence; notes, however, that some victims of gender-based violence – such as minors and uneducated, disabled or elderly victims, as well as (for language reasons) migrant workers and victims of human trafficking – may have difficulties in understanding the information that is communicated to them and, as a result, their right to information stipulated in Article 4 of the directive will not be fully exercised, making it necessary to ensure the presence of a qualified legal expert to assist victims;
Amendment 89 #
Motion for a resolution Paragraph 5 5. Highlights the importance of conducting the first contact with the victim properly, especially in the case of victims of gender-based violence; notes, however, that some victims of gender-based violence – such as
Amendment 9 #
Motion for a resolution Citation 13 a (new) - having regard to the European Union Agency for Fundamental Rights’ report entitled ‘Violence against women: an EU-widesurvey’, published in March 2014,
Amendment 90 #
Motion for a resolution Paragraph 5 5. Highlights the vital importance of conducting the first contact with the victim properly, especially in the case of victims of gender-based violence; notes, however, that some victims of gender-based violence – such as minors and uneducated, disabled or elderly victims, as well as (for language reasons) migrant workers and victims of human trafficking – may have difficulties in understanding the information that is communicated to them and, as a result, their right to information stipulated in Article 4 of the directive will not be fully exercised;
Amendment 91 #
Motion for a resolution Paragraph 5 5. Highlights the importance of conducting the first contact with the victim properly, especially in the case of victims of gender-based violence; notes, however, that some victims of gender-based violence – such as minors and uneducated, disabled or elderly victims, as well as (for language reasons) migrant
Amendment 92 #
Motion for a resolution Paragraph 5 5. Highlights the importance of conducting the first contact with the victim properly, especially in the case of victims of gender-based violence; notes, however, that some
Amendment 93 #
Motion for a resolution Paragraph 5 – subparagraph 1 (new) Notes that Article 4 on the Right to receive specific information in simple and accessible language without unnecessary delay from the first contact with a competent authority is one of the strengths of the Directive, as it helps to enable victims to exercise their rights to available support and protection as set out in the Directive;
Amendment 94 #
Motion for a resolution Paragraph 6 6. Encourages the Member States to promote
Amendment 95 #
Motion for a resolution Paragraph 6 6. Encourages the Member States to promote access to justice, to provide it free of charge and with adequate legal aid, as this contributes greatly to increasing the victim’s sense of justice, decreases the possibility of impunity and allows the victim to begin the process of psychological recovery;
Amendment 96 #
Motion for a resolution Paragraph 6 6.
Amendment 97 #
Motion for a resolution Paragraph 6 6. Encourages the Member States to promote access to justice, as this contributes greatly to increasing the victim’s
Amendment 98 #
Motion for a resolution Paragraph 6 – subparagraph 1 (new) Underlines that the lack of providing information to the victim before, during and after criminal proceedings results in a poor enjoyment of victim’s rights, dissatisfaction towards the justice system and discourages the victim to actively participate in the criminal proceedings;
Amendment 99 #
Motion for a resolution Paragraph 7 7. Deplores that too many Member States have failed to implement, in their legislation, individual victim assessments, leading to inefficiency when it comes to detecting and identifying their specific needs, to treating them with respect and dignity and, as a consequence, to granting them protection in accordance with their specific needs, including the specific protection needs for children of victims of gender based violence;
source: 619.161
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