Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Joint Responsible Committee | ['FEMM', 'JURI'] | REGIMENTI Luisa ( ID), KOUNTOURA Elena ( GUE/NGL) | WALSMANN Marion ( EPP), ŁUKACIJEWSKA Elżbieta Katarzyna ( EPP), BENIFEI Brando ( S&D), PICIERNO Pina ( S&D), MELCHIOR Karen ( Renew), ZACHAROPOULOU Chrysoula ( Renew), RIBA I GINER Diana ( Verts/ALE), BRUNA Annika ( ID), MOŻDŻANOWSKA Andżelika Anna ( ECR), STANCANELLI Raffaele ( ECR), AUBRY Manon ( GUE/NGL) |
Lead committee dossier:
Legal Basis:
RoP 54, RoP 58
Legal Basis:
RoP 54, RoP 58Subjects
Events
The European Parliament adopted by 510 votes to 31, with 141 abstentions, a resolution on the impact of intimate partner violence and custody rights on women and children.
Domestic violence is one of the most widespread forms of gender-based violence, as an estimated 22% of women have experienced physical and/or sexual violence by their partner, and 43% psychological violence. Women and children are disproportionately affected by this type of violence. In many Member States, lockdown measures during the COVID-19 pandemic resulted in a 60% increase in emergency calls from victims of domestic violence.
Tackling domestic violence without delay
Strongly condemning all forms of gender-based violence, domestic violence and violence against women, Parliament called on Member States to address the increase in domestic violence during the COVID-19 pandemic and encouraged them to exchange national innovations, guidelines, best practices and protocols. The Commission is asked to develop an EU protocol on violence against women in crisis and emergency situations, to set up an emergency alert system and to consider victim protection services, such as helplines, safe accommodation and health services, as ‘essential services’ in the Member States.
Members called for the creation of a Council formation on gender equality within the European while deploring that the Istanbul Convention has still not been ratified by the European Union and that it had only been ratified by 21 Member States.
Parliament called on the Commission and the Council to add gender-based violence to the list of areas of crime under Article 83(1) TFEU . It invited the Commission to use these provisions as a legal basis for proposing binding measures and a comprehensive EU framework directive to prevent and combat all forms of gender-based violence by including uniform standards and due diligence for data collection, prevention and investigation of violence, protection of victims and witnesses, and prosecution and punishment of perpetrators.
Addressing domestic violence in custody and access decisions
Members considered that, in determining custody, access and visitation arrangements, the protection of women and children from violence and the best interests of the child must be paramount and outweigh other criteria.
In cases of femicide, the parental authority of the accused parent should be systematically suspended for the duration of the proceedings.
Member States should ensure that justice and support for victims is accessible, adequate and free of charge for all women victims of domestic violence in all their diversity and regardless of their status.
Access to legal protection, emergency shelter and funds for victims
Members stressed the need to remove economic barriers that may deter women from reporting violence. They urged Member States to:
- implement specific measures to tackle economic violence and establish a framework for rapid and effective decisions on child support to prevent the situation of victims of domestic violence from becoming more precarious during separation and divorce proceedings;
- ensure full access to adequate legal protection , effective hearings and restraining orders, shelters and counselling services, as well as victim funds and financial empowerment programmes for women victims of domestic violence.
Protection and support for children
The resolution emphasised the need to give the status of victim of gender-based violence in criminal and investigative proceedings to children who witness domestic violence. Children should have the opportunity to be heard. In every case, but crucially in cases where intimate partner violence is suspected, such hearings must be conducted in a child-friendly environment by trained professionals.
Members stressed the need to protect the rights of the most vulnerable children, with particular attention to children with disabilities, and to promote child-friendly justice. They called for concrete measures to stop sexual abuse of children.
Prevention: training of professionals
Parliament called for capacity-building and mandatory targeted training for professionals dealing with cases of gender-based violence, child abuse and domestic violence in general. It called on Member States to ensure that their law enforcement officers and legal services are adequately funded, equipped and trained to deal with and respond to complaints. They urged Member States to set up specialised courts and sections.
Combating gender stereotypes and prejudices - education and awareness-raising
Members expressed concern about the impact of gender stereotypes and prejudices, which lead to a lack of trust in women, particularly in relation to allegedly false allegations of child abuse and domestic violence. They also stressed the importance of taking measures to combat gender stereotypes and patriarchal prejudices through education and awareness-raising campaigns as a necessary measure to prevent domestic violence and to create a climate of zero tolerance towards violence.
The Committee on Legal Affairs and the Committee on Women's Rights and Gender Equality adopted an own-initiative report presented by Luisa REGIMENTI (EPP, IT) and Elena KOUNTOURA (GUE/NGL, EL) on the impact of intimate partner violence and custody rights on women and children.
Domestic violence is one of the most widespread forms of gender-based violence, as an estimated 22% of women have experienced physical and/or sexual violence by their partner, and 43% psychological violence. Women and children are disproportionately affected by this type of violence. In many Member States, lockdown measures during the COVID-19 pandemic resulted in a 60% increase in emergency calls from victims of domestic violence.
Tackling domestic violence without delay
Strongly condemning all forms of gender-based violence, domestic violence and violence against women, the report called on Member States to address the increase in domestic violence during the COVID-19 pandemic and encouraged them to exchange national innovations, guidelines, best practices and protocols. The Commission is asked to develop an EU protocol on violence against women in crisis and emergency situations, to set up an emergency alert system and to consider victim protection services, such as helplines, safe accommodation and health services, as ‘essential services’ in the Member States.
Members called for the creation of a Council formation on gender equality within the European Council and urged Bulgaria, Hungary, Latvia, Lithuania, Slovakia and the Czech Republic to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention).
The report called on the Commission and the Council to add gender-based violence to the list of areas of crime under Article 83(1) TFEU and invited the Commission to use these provisions as a legal basis for proposing binding measures and a comprehensive EU framework directive to prevent and combat all forms of gender-based violence.
Addressing domestic violence in custody and access decisions
The report stressed that, in determining custody, access and visitation arrangements, the protection of women and children from violence and the best interests of the child must be paramount and outweigh other criteria. The rights of perpetrators of violence during and after court proceedings, including custody, access, contact and visitation, should be determined in the light of the fundamental rights of women and children to life and to physical, sexual and psychological integrity, and with due regard to the principle of the best interests of the child.
The report also stressed that the withdrawal of custody and visitation rights from the violent partner and the awarding of exclusive custody to the mother, if she is a victim of violence, may be the only way to prevent further violence in the best interests of the child. The parental authority of the accused parent should be systematically suspended for the duration of the proceedings in cases of femicide.
Member States should ensure that justice and support for victims is accessible, adequate and free of charge for all women victims of domestic violence in all their diversity and regardless of their status, as well as providing interpretation services where necessary.
Access to legal protection, emergency shelter and funds for victims
The report stressed the need to remove economic barriers that may deter women from reporting violence and to ensure full access to adequate legal protection, effective hearings and restraining orders, shelters and counselling services, as well as victim funds and financial empowerment programmes for women victims of domestic violence.
Protection and support for children
Members recommended the establishment of systematic follow-up procedures, including psychological support, for children who are victims or witnesses of domestic violence, to remedy the disturbances in their lives caused by this situation and to prevent them from repeating the violence as adults. In all cases, but especially in situations where domestic violence is suspected, hearings of children should take place in a child-friendly environment under professional guidance.
The Commission and the Member States are invited to take concrete Member States to take concrete measures to combat child sexual abuse and child sexual exploitation by investing in preventive measures and treatment programmes aimed at preventing perpetrators from reoffending, with more effective support for victims.
Prevention: training of professionals
Members called for capacity-building and mandatory targeted training for professionals dealing with cases of gender-based violence, child abuse and domestic violence in general. They called on Member States to ensure that their law enforcement officers and legal services are adequately funded, equipped and trained to deal with and respond to complaints. They urged Member States to set up specialised courts and sections.
Combating gender stereotypes and prejudices - education and awareness-raising
Members expressed concern about the impact of gender stereotypes and prejudices, which lead to a lack of trust in women, particularly in relation to allegedly false allegations of child abuse and domestic violence. They are also concerned about the lack of specific training for judges, prosecutors and legal professionals. They stressed the importance of taking measures to combat gender stereotypes and patriarchal prejudices through education and awareness-raising campaigns and called on Member States to take steps to establish programmes to teach perpetrators of domestic violence to adopt non-violent behaviour.
The Commission is encouraged to promote EU-wide public awareness campaigns as a necessary measure to prevent domestic violence and to create a climate of zero tolerance towards violence.
Documents
- Decision by Parliament: T9-0406/2021
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary: A9-0254/2021
- Amendments tabled in committee: PE689.629
- Committee draft report: PE663.336
- Committee draft report: PE663.336
- Amendments tabled in committee: PE689.629
Activities
- Luisa REGIMENTI
- Maria da Graça CARVALHO
Plenary Speeches (1)
- Angel DZHAMBAZKI
Plenary Speeches (1)
- Pedro SILVA PEREIRA
Plenary Speeches (1)
- Josianne CUTAJAR
Plenary Speeches (1)
- Nicolaus FEST
Plenary Speeches (1)
- Pierrette HERZBERGER-FOFANA
Plenary Speeches (1)
- Marcel KOLAJA
Plenary Speeches (1)
- Samira RAFAELA
Plenary Speeches (1)
- Eugenia RODRÍGUEZ PALOP
Plenary Speeches (1)
- Nathalie COLIN-OESTERLÉ
Plenary Speeches (1)
- Karen MELCHIOR
Plenary Speeches (1)
- Chrysoula ZACHAROPOULOU
Plenary Speeches (1)
- Guido REIL
Plenary Speeches (1)
- Frances FITZGERALD
Plenary Speeches (1)
- Beata MAZUREK
Plenary Speeches (1)
- Annika BRUNA
Plenary Speeches (1)
- Maria-Manuel LEITÃO-MARQUES
Plenary Speeches (1)
Votes
Les conséquences des violences conjugales et des droits de garde sur les femmes et les enfants - The impact of intimate partner violence and custody rights on women and children - Auswirkungen von Gewalt in Paarbeziehungen und von Sorgerechtsregelungen auf Frauen und Kinder - A9-0254/2021 - Elena Kountoura, Luisa Regimenti - § 5/1 #
A9-0254/2021 - Elena Kountoura, Luisa Regimenti - § 5/2 #
A9-0254/2021 - Elena Kountoura, Luisa Regimenti - § 14 #
A9-0254/2021 - Elena Kountoura, Luisa Regimenti - § 15/1 #
A9-0254/2021 - Elena Kountoura, Luisa Regimenti - § 15/2 #
A9-0254/2021 - Elena Kountoura, Luisa Regimenti - § 18/1 #
A9-0254/2021 - Elena Kountoura, Luisa Regimenti - § 18/2 #
A9-0254/2021 - Elena Kountoura, Luisa Regimenti - § 41/1 #
A9-0254/2021 - Elena Kountoura, Luisa Regimenti - § 41/2 #
A9-0254/2021 - Elena Kountoura, Luisa Regimenti - § 47/1 #
A9-0254/2021 - Elena Kountoura, Luisa Regimenti - § 47/2 #
Les conséquences des violences conjugales et des droits de garde sur les femmes et les enfants - The impact of intimate partner violence and custody rights on women and children - Auswirkungen von Gewalt in Paarbeziehungen und von Sorgerechtsregelungen auf Frauen und Kinder - A9-0254/2021 - Elena Kountoura, Luisa Regimenti - Proposition de résolution (ensemble du texte) #
Amendments | Dossier |
369 |
2019/2166(INI)
2021/03/02
JURI, FEMM
369 amendments...
Amendment 1 #
Motion for a resolution Citation 1 — having regard to Articles 2 and 3(3) of the Treaty on European Union (TEU), and Articles 6, 8, and
Amendment 10 #
Motion for a resolution Citation 7 a (new) — having regard to General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19 of the Committee on the Elimination of Discrimination against Women (CEDAW Committee),
Amendment 100 #
Motion for a resolution Recital F a (new) F a. whereas EIGE, UN Women and other organisations have gathered substantial evidence of the gender impact of the crisis, and whereas it is nevertheless difficult to fully assess the impact of the crisis due to the lack of comparable, gender-disaggregated data in the Member States;
Amendment 101 #
Motion for a resolution Recital F a (new) F a. whereas women and children across the EU are not equally protected against gender-based violence owing to differing policies and legislation across the Member States;
Amendment 102 #
Motion for a resolution Recital F b (new) F b. whereas police and judicial systems often do not provide sufficient support to women and children; whereas, in many cases,victims of gender-based violence can be subjected to degrading comments by law enforcement officials which exacerbates their fear of reporting the violence;
Amendment 103 #
Motion for a resolution Recital G G. whereas in some Member States
Amendment 104 #
Motion for a resolution Recital G G. whereas in some Member States intimate partner violence against women is often neglected and the default rule of
Amendment 105 #
Motion for a resolution Recital G G. whereas in some Member States intimate partner violence against women is often neglected and the default rule of joint custody appears to prevail in cases of child custody, access, contact and visitation arrangements and decisions; whereas disregarding such violence can lead to dire consequences for women and children, which may escalate into femicide and/or infanticide; whereas victims of intimate partner violence need special protection measures; whereas the victims’ situation
Amendment 106 #
Motion for a resolution Recital G a (new) G a. whereas in the context of intimate partner violence, the reference to parental alienation syndrome and to similar concepts and terms puts into question victims’ parental skills, dismisses their word and disregards the violence to which children are exposed; whereas accusations of parental alienation by abusive fathers against mothers must be considered as a continuation of power and control by state agencies and actors, including those deciding on child custody;
Amendment 107 #
Motion for a resolution Recital G a (new) Ga. whereas in situations of marital or relationship breakdown, allegations of interpersonal violence should be addressed before custody and visitation issues can be addressed; whereas in order to assess allegations of interpersonal violence in custody cases, the professionals involved must have specialist knowledge;
Amendment 108 #
Motion for a resolution Recital G b (new) G b. whereas law enforcement risk assessments in most Member States do not systematically include information provided by children about their experiences of intimate partner violence;
Amendment 109 #
Motion for a resolution Recital G c (new) G c. whereas fair remuneration and economic independence are an essential prerequisite for enabling women to leave an abusive and violent relationship; whereas in some Member States the enforcement of court decisions granting financial compensation from the abusers are to be pursued by the victim and this practice forces the victim to stay in contact with the abuser, putting her at further physical and emotional risk;
Amendment 11 #
Motion for a resolution Citation 7 a (new) Amendment 110 #
Motion for a resolution Recital H H. whereas the right of every child to maintain contact with both parents and relatives, particularly grandparents, implied in Article 8 of the ECHR and Article 9 of the CRC,
Amendment 111 #
Motion for a resolution Recital H H. whereas the right of every child to maintain contact with both parents, implied in Article 8 of the ECHR and Article 9 of the CRC,
Amendment 112 #
Motion for a resolution Recital H H. whereas the right of every child to maintain contact with both parents, implied in Article 8 of the ECHR and Article 9 of the CRC, may be
Amendment 113 #
Motion for a resolution Recital H a (new) H a. Whereas during confinement, national platforms and helplines reported a sharp increase in domestic violence reports and complaints, and according to the WHO, emergency services across Europe have recorded an increase in calls of up to 60% from victims of domestic violence ; whereas this phenomenon is dubbed “The Shadow Pandemic”;
Amendment 114 #
Motion for a resolution Recital H a (new) H a. whereas according to article 12 of the UN Convention on the Rights of the Child, children have the right to express their views in all matters affecting them, including in judicial and administrative proceedings, and their views have tobe given due weight in accordance with the age and maturity of the child;
Amendment 115 #
Motion for a resolution Recital H a (new) H a. Whereas anonymous complaints and complaints later retired by victims may hamper further investigation by the authorities and present an obstacle to the prevention of further violence;
Amendment 116 #
Motion for a resolution Recital I I. whereas criminal proceedings arising from a complaint of domestic violence are often dealt with completely separately from separation proceedings; whereas this can mean that shared custody of the children is ordered and/or visitation rights imposed that endanger the rights and safety of the victim or the children; whereas this can have irreversible consequences for children's mental and emotional development, actually affecting their best interests;
Amendment 117 #
Motion for a resolution Recital I I. whereas criminal proceedings arising from a complaint of domestic violence
Amendment 118 #
Motion for a resolution Recital I I. whereas criminal proceedings arising from a complaint of domestic violence are often dealt with completely separately from separation and custody proceedings; whereas this can mean that shared custody of the children is ordered and/or visitation rights imposed that endanger the rights and safety of the victim or the children;
Amendment 119 #
Motion for a resolution Recital I I. whereas criminal proceedings arising from a complaint of domestic violence are often dealt with completely separately from separation proceedings; whereas this can mean that shared custody of the children is ordered and/or visitation rights imposed that endanger the rights and safety of the victim
Amendment 12 #
Motion for a resolution Citation 7 b (new) — having regard to European Parliament resolution of 29 November 2018 on the role of the German Youth Welfare Office (Jugendamt) in cross- border family disputes (2018/2856(RSP)),
Amendment 120 #
Motion for a resolution Recital I a (new) I a. whereas the right of the child to be heard and fully informed in a child- friendly manner at all stages of the criminal proceedings should always be a primary consideration in accordance with Art. 4 and 16 of the Directive (EU) 2016/800;
Amendment 121 #
Motion for a resolution Recital I a (new) I a. whereas according to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which non-discriminatory access to justice for all is instrumental;
Amendment 122 #
Motion for a resolution Recital I b (new) I b. where the best interest of the child should always be the primary consideration in all decisions concerning children, including family disputes;
Amendment 123 #
Motion for a resolution Recital J J. whereas it is
Amendment 124 #
Motion for a resolution Recital J J. whereas it is preferable to avoid
Amendment 125 #
Motion for a resolution Recital J J. whereas
Amendment 126 #
Motion for a resolution Recital J J. whereas
Amendment 127 #
Motion for a resolution Recital J a (new) J a. whereas eight years since its adoption, the Istanbul Convention has not yet been ratified by 6 EU Member States (Bulgaria, Czech Republic, Hungary, Latvia Lithuania, Slovakia), or by the EU; whereas the Istanbul Convention is the most important existing international framework to prevent and combat gender- based violence;
Amendment 128 #
Motion for a resolution Recital K K. whereas the Istanbul Convention calls on states to protect all victims of intimate partner violence regardless of sex or age, requires the Parties to adopt legislative or other necessary measures to ensure that incidents of domestic violence, while upholding the principle of presumption of innocence, are taken into account when determining custody and visitation rights in relation to children, and that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or their children;
Amendment 129 #
Motion for a resolution Recital K K. whereas the Istanbul Convention requires the Parties to adopt legislative or other necessary measures to ensure that incidents of domestic violence are taken into account when determining custody and visitation rights in relation to children, and that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or their children;
Amendment 13 #
Motion for a resolution Citation 7 b (new) — having regard to the European Pillar of Social Rights and, in particular, its principle 2,
Amendment 130 #
Motion for a resolution Recital K K. whereas the Istanbul Convention requires the Parties to adopt legislative or other necessary measures to ensure that incidents of domestic violence are taken into account when determining custody and visitation rights in relation to children, and that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or their children; whereas the Istanbul convention has still not been ratified by all Members States;
Amendment 131 #
Motion for a resolution Recital K K. whereas
Amendment 132 #
Motion for a resolution Recital L L. whereas shared custody i
Amendment 133 #
Motion for a resolution Recital L L. whereas shared custody in situations of intimate partner violence exposes women to a continuum of preventable violence, by forcing them to stay in geographical proximity to their abusers, and subjecting them to further exposure to physical and psychological violence, as well as emotional abuse, which can have a direct or indirect impact on children; whereas, in cases of intimate partner
Amendment 134 #
Motion for a resolution Recital L L. whereas shared custody in situations of intimate partner violence exposes women and in consequence children to a continuum of preventable violence, by forcing them to stay in geographical proximity to their abusers, and subjecting them to further exposure to physical and psychological violence, as well as emotional abuse; whereas, in cases of intimate partner violence, the right of women and children to be protected and live a life free of physical and psychological violence should take precedence over the preference for shared custody;
Amendment 135 #
Motion for a resolution Recital L L. whereas shared custody in
Amendment 136 #
Motion for a resolution Recital L L. whereas shared custody in situations of intimate partner violence exposes women to a continuum of preventable violence, by forcing them to stay in geographical proximity to their abusers, and subjecting them to further exposure to physical and psychological violence, as well as emotional abuse; whereas, in cases of intimate partner violence, the right of women and children to be protected and live a life free of physical and psychological violence should take precedence over the preference for shared custody;
Amendment 137 #
L a. whereas it is therefore essential to give due attention to this type of violence while deciding on separation and provisional custody arrangements; whereas the courts of the Member States should ensure a comprehensive assessment under the "best interest of the child" principal, to determine custody and visitation rights with all relevant services and psychological support;
Amendment 138 #
Motion for a resolution Recital L a (new) L a. Whereas the victims that are not financially independent are often forced to stay with their perpetrator within the same residence to avoid financial insecurity, homelessness or poverty and this tendency was lately enhanced through the COVID-19 pandemic;
Amendment 139 #
Motion for a resolution Recital L a (new) Amendment 14 #
Motion for a resolution Citation 8 Amendment 140 #
Motion for a resolution Recital L b (new) L b. whereas, helplines are a critical channel to reaching support but only 13 Member States have implemented the EU 116 006 helpline for all victims of crimes, and only few Member States have specialist helplines for intimate partner violence;
Amendment 141 #
Motion for a resolution Recital M M. whereas intimate partner violence is inherently interlinked with violence against children and child abuse; whereas children who are exposed to domestic violence are likely to suffer negative mental and physical health consequences that could be acute and chronic in nature; whereas child
Amendment 142 #
Motion for a resolution Recital M M. whereas intimate partner violence is inherently interlinked with violence against children and child abuse; whereas being exposed to domestic violence is to be considered as violence against children; whereas children who are exposed to domestic violence are likely to suffer negative mental and physical health consequences that could be acute and chronic in nature; whereas child victimisation in situations of violence against women may continue and escalate in the context of parental disputes over custody and care;
Amendment 143 #
M. whereas intimate partner violence
Amendment 144 #
Motion for a resolution Recital M M. whereas intimate partner violence is inherently interlinked with violence against children and child abuse; whereas children who are exposed to domestic violence
Amendment 145 #
Motion for a resolution Recital N N. whereas growing up in a violent domestic environment has
Amendment 146 #
Motion for a resolution Recital N N. whereas growing up in a violent domestic environment has important implications for the child’s
Amendment 147 #
Motion for a resolution Recital N a (new) Na. whereas children who are victims of or witnesses to intimate partner violence have more health problems (stunting, allergies, ENT and dermatological problems, headaches, stomach aches, sleeping and eating disorders, etc.), adjustment disorders (school phobia, hyperactivity, irritability, learning difficulties) and problems with concentration and behaviour;
Amendment 148 #
Motion for a resolution Recital N b (new) Nb. whereas various studies show, on the one hand, that children who have lived in a violent family environment are heavily overrepresented among offenders and, on the other hand, that transgenerational repetition of violence is frequently observed;
Amendment 149 #
Motion for a resolution Recital O O. whereas transnational separation proceedings are more complex in nature; whereas increased mobility within the EU has led to a growing number of cross- border disputes on parental responsibility and child custody; whereas the Commission must step up its efforts to promote in all Member States the consistent and concrete implementation of the principles set out in the UN Convention on the Rights of the Child, ratified by all EU Member States;
Amendment 15 #
Motion for a resolution Citation 8 — having regard to the 2030 Agenda for Sustainable Development which entered into force on 1 January 2016, and, in particular, to Sustainable Development Goal (SDG) 5 on gender equality, as well as SDG 16.2 on ending all forms of violence against children so every child can live free from fear, neglect, abuse and exploitation,
Amendment 150 #
Motion for a resolution Recital O O. whereas transnational separation proceedings are more complex in nature and generally take longer;
Amendment 151 #
Motion for a resolution Recital O O. whereas
Amendment 152 #
Motion for a resolution Recital O a (new) Amendment 153 #
Motion for a resolution Recital O a (new) O a. whereas Member States, as parties to the United Nations Convention on the Rights of the Child, must hold the best interests of the child as a primary consideration in all public action, including when dealing with cross-border family disputes;
Amendment 154 #
Motion for a resolution Recital O b (new) O b. whereas the competent German institutions including the German Youth Welfare Office (Jugendamt) systematically misinterpret the best interests of the child as being and remaining on the German territory, even in cases where abuse and domestic violence against the non-German parent have been reported;
Amendment 155 #
Motion for a resolution Recital P a (new) P a. Whereas article 83(1) of the TFEU provides for the possibility to establish minimum rules concerning the definition of criminal offences and sanctions in the areas of particularly serious crime with a cross-border dimension resulting from the nature or impact of such offences or from a special need to combat them on a common basis; whereas on the basis of developments in crime, the Council may adopt a decision identifying other areas of crime that meet the criteria specified in the paragraph, after obtaining the consent of the European Parliament. Whereas article 83 (2) of the TFEU provides for the possibility to establish minimum rules with regard to the definition of criminal offences and sanctions, in order to ensure the effective implementation of a Union policy in an area which has been subject to harmonisation measures
Amendment 156 #
Motion for a resolution Recital P a (new) P a. whereas the automatic recognition of rulings on proceedings linked to custody rights where gender-based violence is involved are problematic since legislation on gender-based violence differ in each Member State and not all Member States recognise intimate partner violence as a criminal offence and a form of gender-based violence; whereas minimum harmonisation on rules on gender-based violence, including provisions to ensure that incidents of domestic violence are taken into account when determining custody and visitation rights, are essential to ensure a common area of freedom, security and justice;
Amendment 157 #
Motion for a resolution Recital P b (new) P b. Whereas civil society organisations, in particular those working with and for children and victims of domestic and gender-based violence, are an important player in preventing and dealing with domestic and intimate partner violence; whereas such organisations can also provide valuable contributions to policies and legislation following their grassroots experience;
Amendment 158 #
P c. Whereas European funding programmes such as the Justice Programme and the Citizens, Equality, Rights and Values can be used for activities for the protection and support of victims of domestic and gender-based violence, including to ensure access to justice and financing of civil society organisations working with victims;
Amendment 159 #
Motion for a resolution Paragraph 1 1. Strongly condemns all forms of violence against women and deplores the fact that women continue to be exposed to intimate partner violence which constitutes a serious violation of their human rights and dignity, impacting as well women’s economic empowerment, this phenomenon being exacerbated during the COVID-19 crisis;
Amendment 16 #
Motion for a resolution Citation 10 Amendment 160 #
Motion for a resolution Paragraph 1 1. Strongly condemns all forms of gender-based violence, domestic violence, and violence against women and deplores the fact that women, in all their diversity, continue to be exposed to intimate partner violence which constitutes a serious violation of their human rights and dignity;
Amendment 161 #
Motion for a resolution Paragraph 1 1.
Amendment 162 #
Motion for a resolution Paragraph 1 1. Strongly condemns all forms of violence
Amendment 163 #
Motion for a resolution Paragraph 1 1. Strongly condemns all forms of violence against women and men and deplores
Amendment 164 #
Motion for a resolution Paragraph 1 a (new) 1 a. Points out that the Istanbul Convention is a pivotal instrument against gender-based violence; deplores the fact that the Convention has not been ratified by the European Union yet; regrets that to this date only 21 EU Member States have ratified it; notes with great concern that the effective implementation of the Convention is still patchy across Europe; calls therefore on the Member States that ratified the Convention to step up their efforts in ensuring its full implementation;condemns the attempts at setting back progresses made in the fight against gender-based violence, including domestic violence, that are going on in some Member states; supports the Commission’s plan to continue pushing for the EU-wide ratification of the Istanbul Convention; calls on remaining Member States to swiftly complete the ratification process; underlines, in this context, the need for specific measures to address the existing disparities in laws, policies and services between Member States and the increase in domestic and gender-based violence during the COVID- 19 pandemic; warmly welcomes, therefore, the Commission’s intention to propose a directive to tackle all forms of gender-based violence to complement and achieve the objectives of the Istanbul Convention, as the EU’s accession remains blocked; calls on the Council to add gender-based violence to the list of criminal offences in the EU;
Amendment 165 #
Motion for a resolution Paragraph 1 a (new) 1 a. deplores the lack of appropriate emergency and temporary accommodation solutions for victims of domestic abuse and their children; underlines the feeling of insecurity of the women accommodated in mixed centres and which welcome many different types of people; calls on Member States to open emergency accommodation spaces specific to situations of domestic violence; calls on Member States to have emergency accommodation places available at all times, including at night and on weekends; stresses courts must not use the fact that victims stay in emergency, temporary or social housing as an argument to transfer custody right to the violent partner;
Amendment 166 #
Motion for a resolution Paragraph 1 a (new) 1 a. Calls for ratification and implementation of the Istanbul Convention at a national and EU level; calls on the Member States to take all the necessary legislative or other measures to ensure that, in the determination of custody and visitation rights of children, incidents of intimate partner violence are taken into account and that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children; commends all campaigns advocating the ratification and implementation of the Istanbul Convention and strongly condemns all attempts to discredit it;
Amendment 167 #
Motion for a resolution Paragraph 1 a (new) 1 a. Urges the Member States to continue analysing data on and tendencies in the prevalence of and reporting on all forms of gender-based and domestic violence, as well as on the consequences for children, while confinement measures are in place and during the period immediately afterwards;
Amendment 168 #
Motion for a resolution Paragraph 1 a (new) 1 a. Points at the alarming figures on gender-based violence, which unveils a patriarchal society, based on power structures that need to be reshaped as a matter of urgency;
Amendment 169 #
Motion for a resolution Paragraph 1 a (new) 1 a. stresses the importance to fully and swiftly implement the EU Gender Equality Strategy and its key objectives on stopping gender-based violence;
Amendment 17 #
Motion for a resolution Citation 10 a (new) — having regard to the Directive 2012/29/EU, establishing minimum standards on the rights, support and protection of victims of crime (the Victims' Rights Directive),
Amendment 170 #
Motion for a resolution Paragraph 1 a (new) 1 a. Welcomes the Commission’s commitment in the Gender Equality Strategy to fighting gender-based violence,
Amendment 171 #
Motion for a resolution Paragraph 1 b (new) 1 b. Calls on the Commission to add gender-based violence to the list of EU areas of crime under Article 83(1) TFEU, taking into account the special need to combat this crime on a common basis; calls on the Commission to use this as a legal basis to propose binding measures and a holistic EU framework directive to prevent and combat all forms of gender- based violence, including the impact of intimate partner violence on women and children, and contain uniform standards and due diligence obligation to collect data, to prevent, to investigate, to protect the victims and the witnesses, and to prosecute and punish the perpetrators; recalls that such new legislative measures should in any case be coherent with the rights and obligations of the Istanbul Convention and should be complementary to its ratification; recommends that the Istanbul Convention should be seen as a minimum standard and aspire to make further progress to eradicate gender- based and domestic violence;
Amendment 172 #
Motion for a resolution Paragraph 1 b (new) 1 b. Welcomes the EU Strategy on victims’ rights (2020-2025) which will address the specific needs of victims of gender-based violence, in particular a specific approach for psychological violence against women and the impact on their mental health on the long run; stresses the need to address the current gaps in the EU legislation and asks the Commission to put forward, without delay, a proposal for a review of the Victims’ Rights Directive with regard to international standards on violence against women, such as the Istanbul Convention, with a view to enhancing the legislation on victims’ rights and the protection and compensation of victims; stresses the need for all victims to have effective access to justice through the implementation of the Victims’ Rights Directive, which is still lacking in some Member States; asks for the continued promotion of victims’ rights also through existing instruments such as the European Protection Order;
Amendment 173 #
Motion for a resolution Paragraph 1 b (new) 1 b. stresses that the majority of women get poorer during separation; stresses that this impoverishment is also the result of strategies put in place by the violent parent to preserve the capital accumulated by the couple and to preserve their income, to the detriment of the mother; also stresses that some women give up asking for their fair share over fear of losing custody; calls on Member States to pay particular attention to the risk of victims of domestic violence becoming more precarious throughout the separation process; considers that Member States can contribute to preventing this issue by providing sufficient legal and psychological aid to women in need, as well as by ensuring that they can receive sufficient social assistance;
Amendment 174 #
Motion for a resolution Paragraph 1 b (new) 1 b. Is deeply concerned about the still alarming number of femicides in Europe, which is the most extreme form of violence against women;
Amendment 175 #
Motion for a resolution Paragraph 1 c (new) 1 c. Calls on the Commission to develop a European Union protocol on violence against women in times of crisis and emergency to prevent violence against women and to support victims of gender- based violence during emergencies such as the COVID-19 pandemic; highlights that this protocol should include essential protection services for victims; Calls on the Commission to coordinate the sharing of best practices between the Member States, to promote accurate and comparative data collection, to accurately measure the extent of such violence, to consider the possibility of producing forecasts, and to assess the impact of COVID-19 on the provision of key services to victims; stresses the need to urgently collect harmonised data on gender-based violence and calls on the Member States to collect and provide the relevant data when requested, including to Eurostat; welcomes the Commission’s commitment to carry out a new EU survey on gender-based violence with the results to be presented in 2023; underlines the urgency of completing such a survey due to the spike in gender-based violence, and especially domestic violence, during the COVID-19 pandemic;
Amendment 176 #
Motion for a resolution Paragraph 1 c (new) Amendment 177 #
Motion for a resolution Paragraph 1 c (new) 1 c. Stresses that measures to combat gender-based and domestic violence need to incorporate an intersectional approach with the aim of preventing blind spots which would cause certain women to be left out or even reinforce exiting discriminations;
Amendment 178 #
Motion for a resolution Paragraph 1 d (new) 1 d. Encourages the exchange between Member States of guidelines, good practices and protocols that have resulted to be effective in addressing intimate partner violence, especially during emergencies; stresses that arrest in flagrante delicto should be compulsory and that, if legal conditions for arrest are not met, the alleged abuser should nonetheless be immediately removed from the victim's house and kept away from the victim's workplace to prevent the risk of further violence;
Amendment 179 #
Motion for a resolution Paragraph 1 d (new) 1 d. notes the general logic of relocating victims rather than removing the violent parent from the family home; considers that Member States should give victims the choice between being relocated in adequate accommodation and staying at home; calls on Member States to develop solutions that guarantee full protection for victims who decide to keep living at the former family place;
Amendment 18 #
Motion for a resolution Citation 10 a (new) — havingregard to the Commission communication of 12 November 2020 entitled‘ Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (COM(2020) 698),
Amendment 180 #
Motion for a resolution Paragraph 1 d (new) 1 d. Stresses that violence against children is often the result of gender- based violence, either as witnesses of violence perpetrated against their mothers or as the direct object of ill-treatment suffered which attempts to dominate and exercise violence against their mothers;
Amendment 181 #
Motion for a resolution Paragraph 1 e (new) 1 e. notes the absence of measures to protect the capital and income of victims of domestic violence; underlines that victims of domestic violence often find themselves deprived of access to the joint bank account; considers that banks should take measures to preserve the capital of women victims of domestic violence; calls on Member States to legislate on this issue to ensure that banks have obligations towards victims of domestic violence, mandatory measures to protect their capital and bank officers receive mandatory trained on situations of domestic violence and economic violence associated;
Amendment 182 #
Motion for a resolution Paragraph 1 e (new) 1 e. Points out that education is pivotal to eradicate gender based violence, and intimate partner violence in particular; calls on Member States to include issues such as equality between women and men, non-stereotyped gender roles, mutual respect, non-violent conflict resolution in interpersonal relationships, gender-based violence against women and the right to personal integrity, age appropriate sexuality education, adapted to the evolving capacity of learners, in formal curricula and at all levels of education;
Amendment 183 #
Motion for a resolution Paragraph 1 f (new) 1 f. Urges the Member States to continue analysing data on and tendencies in the prevalence of and reporting on domestic violence, as well as the consequences for children; asks the Member States to establish safe and flexible emergency warning systems, offer new assistance services by phone, email and text message for direct police outreach and online services such as helplines, concealed apps, digital platforms, pharmacy networks, and provide emergency funding to support services, non-governmental organisations and civil society organisations (CSOs); calls on the Member States to ensure that support services take a coordinated approach to identifying women at risk, to ensure that all these measures are available and accessible to all women and girls within their jurisdiction; invites the Member States to share national innovations and best practices in addressing gender-based violence to better identify and promote efficient practices, and calls on the Commission to promote those practices;
Amendment 184 #
Motion for a resolution Paragraph 1 f (new) 1 f. alerts on the inadequacy of the protection granted to women, as evidenced by the cases of feminicides and infanticides which take place after the woman has reported domestic violence; calls on Member States to strengthen care, monitoring and protection of women who report domestic violence;
Amendment 185 #
Motion for a resolution Paragraph 1 g (new) 1 g. deplores the under-funding by the Commission and the Member States of the fight against domestic violence given the scale of the phenomenon; notes that the Member States which have significantly increased these funds have obtained results, in particular in terms of reducing feminicides; calls on the Commission and Member States to increase the funds dedicated to the fight against domestic violence; alerts on the fragmentation of funding, short-term funding and administrative burden which can reduce the access of associations to funding and therefore impact the quality of support for victims of domestic violence and their children; calls on the Commission and Member States to favour stable and long- term financing;
Amendment 186 #
Motion for a resolution Paragraph 2 2. Notes that, in principle, shared custody and unsupervised visits are desirable in order to ensure that parents enjoy equal rights and responsibilities, as well as to
Amendment 187 #
Motion for a resolution Paragraph 2 2.
Amendment 188 #
Motion for a resolution Paragraph 2 2. Notes that, in principle, shared custody and unsupervised visits are desirable in order to ensure that parents enjoy equal rights and responsibilities, as well as to safeguard the best interests of the child; underlines, however, that intimate partner violence is clearly incompatible with shared custody and care, owing to its severe consequences for women and
Amendment 189 #
Motion for a resolution Paragraph 2 2. Notes that, in principle, shared custody and unsupervised visits are desirable in order to ensure that parents enjoy equal rights and responsibilities, as well as to safeguard the best interests of the child and the child right to maintain a meaningful relationship with both parents; underlines, however, that intimate partner violence is clearly incompatible with shared custody and care, owing to its severe consequences for women and children, including the risk of extreme acts of femicide and infanticide; stresses that when establishing the arrangements
Amendment 19 #
Motion for a resolution Citation 14 a (new) — Having regard to its resolution of 17 December 2020 on the need for a dedicated Council configuration on gender equality;
Amendment 190 #
Motion for a resolution Paragraph 2 2.
Amendment 191 #
Motion for a resolution Paragraph 2 2. Notes that, in principle, shared custody and unsupervised visits are desirable in order to ensure that parents enjoy equal rights and responsibilities, as well as to safeguard the best interests of the child; underlines, however, that intimate partner violence
Amendment 192 #
Motion for a resolution Paragraph 2 2. Notes that, in principle, shared
Amendment 193 #
Motion for a resolution Paragraph 2 2. Notes that, in principle, shared custody and unsupervised visits are desirable in order to ensure that parents enjoy equal rights and responsibilities, as well as to safeguard the best interests of the child; underlines, however, that intimate partner violence is clearly incompatible with shared custody and care, owing to its severe consequences for women and children, including the risk of extreme acts of femicide and infanticide; stresses that when establishing the arrangements for custody allocation and visitation rights, the protection of women and children from violence and the best interests of the child must be paramount and should take
Amendment 194 #
Motion for a resolution Paragraph 2 a (new) 2a. Suggests that criminal proceedings arising from a domestic violence complaint be connected with family courts in separation proceedings; and whereas confirmation of findings of fact in this case should be used to decide on shared custody of the children, while upholding the human right to the presumption of the inoccence of the person against whom allegations have been made and visitation arrangements with a view to guaranteeing the safety of the victim and/or the children;
Amendment 195 #
Motion for a resolution Paragraph 3 3. Calls for mandatory targeted training for judicial and law enforcement officers, a
Amendment 196 #
Motion for a resolution Paragraph 3 3. Considers that Member States must develop initial and continuing training on preventing and responding to situations of domestic violence; Calls for mandatory targeted training for judicial and law enforcement officers about domestic violence and its mechanisms, including
Amendment 197 #
Motion for a resolution Paragraph 3 3. Calls for mandatory targeted training for judicial and law enforcement officers about domestic violence and its mechanisms, including coercion, manipulation and psychological violence, and about the relevance of intimate partner violence to children’s rights, and to their protection and well-being, as well as to provide adequate skills to enable the officers to assess the situation using reliable risk assessment tools; stresses that the training should improve knowledge and understanding of the existing protection measures as well as of safety, the impact of the crime, the needs of the victims, of how to address those needs and the soft skills required to best communicate with victims and support them;
Amendment 198 #
Motion for a resolution Paragraph 3 3. Calls for
Amendment 199 #
Motion for a resolution Paragraph 3 3. Calls for mandatory targeted training, which according to Istanbul Convention would focus on the needs and concerns of victims as apriority and recognises that violence against women and domestic violence must be addressed through specific, and gender-sensitive, measures, for judicial and law enforcement officers about domestic violence and its mechanisms, including coercion, manipulation and psychological violence, and about the relevance of intimate partner violence to children’s rights, and to their protection and well-being, as well as to provide adequate skills to enable the officers to assess the situation using reliable risk assessment tools;
Amendment 2 #
Motion for a resolution Citation 1 a (new) — having regard to the Directive 2012/29/EU of 25 October 2012 on establishing minimum standards on the rights, support and protection of victims of crime (the Victims‘ Rights Directive),
Amendment 20 #
Motion for a resolution Citation 15 Amendment 200 #
Motion for a resolution Paragraph 3 3. Calls for mandatory
Amendment 201 #
Motion for a resolution Paragraph 3 3. Calls for mandatory targeted training for judicia
Amendment 202 #
Motion for a resolution Paragraph 3 3. Calls for mandatory targeted training for judicial and law enforcement officers, including judges, about domestic violence and its mechanisms, including coercion, manipulation and psychological violence, and about the relevance of intimate partner violence to children’s rights, and to their protection and well- being, as well as to provide adequate skills to enable the officers to assess the situation using reliable risk assessment tools; recalls the importance of European Judicial Training Network (EJTN) in this respect;
Amendment 203 #
Motion for a resolution Paragraph 3 a (new) 3 a. calls on Member States to better finance their police and justice services to ensure adequate handling of complaints of domestic violence; regrets that the underfunding and budgetary cuts in these services resulted in the dehumanization of procedures, procedural defect, a lack of information for complainants on the progress of the procedure and excessive delays which are not compatible with the imperative of protection of victims and their reconstruction; stresses that having social and psychological workers in police stations can facilitate concrete and human support for victims of domestic violence;
Amendment 204 #
Motion for a resolution Paragraph 3 a (new) 3 a. Recalls the provisions of the victims’ rights directive, whereas women victims of gender-based violence and their children often require special support and protection because of the high risk of secondary and repeat victimisation, of intimidation and of retaliation connected with such violence; calls therefore for attention to the victim -blaming attitudes in society, including among professionals in the criminal justice system;
Amendment 205 #
Motion for a resolution Paragraph 3 a (new) 3 a. Calls on the Commission to develop a European Union Protocol on gender-based violence in times of crisis and to include protection services for victims, such as helplines, safe accommodation and health services as ‘essential services’ in the Member States, in order to prevent gender-based violence and support women and children victims of domestic violence during crises such as the COVID-19 pandemic;
Amendment 206 #
Motion for a resolution Paragraph 3 a (new) 3 a. Calls on Member States to set up a platform for the regular exchange of best practices between civil and criminal courts, legal practitioners dealing with cases of domestic and gender-based violence, child abuse, separation and custody cases, and all other relevant stakeholders;
Amendment 207 #
Motion for a resolution Paragraph 3 b (new) 3 b. Calls on the Commission and the European judicial network to set up a European platform for mutual learning and sharing of best practice between legal practitioners and policy makers of different Member States working in all relevant fields;
Amendment 208 #
Motion for a resolution Paragraph 4 4.
Amendment 209 #
Motion for a resolution Paragraph 4 Amendment 21 #
Motion for a resolution Citation 15 Amendment 210 #
Motion for a resolution Paragraph 4 4. Strongly recommends that Member States establish specialised courts and judicial offices, as well as appropriate laws, training, procedures and guidelines for all professionals dealing with the victims, including raising awareness of gender-based violence, in order to avoid discrepancies between judicial decisions and discrimination or secondary victimisation during judicial, medical and
Amendment 211 #
Motion for a resolution Paragraph 4 4. Strongly recommends that Member States establish specialised courts and judicial offices, as well as appropriate laws, training, procedures
Amendment 212 #
Motion for a resolution Paragraph 4 4. Strongly recommends that Member States establish specialised courts and
Amendment 213 #
Motion for a resolution Paragraph 4 4. Strongly recommends that Member States establish specialised courts and judicial offices, as well as appropriate laws, training, procedures and guidelines for all professionals dealing with the victims, including raising awareness of
Amendment 214 #
Motion for a resolution Paragraph 4 4. Strongly recommends that Member States establish specialised courts and judicial offices, as well as appropriate laws, training, procedures and guidelines for all professionals dealing with the victims of intimate partner violence, including raising awareness of gender- based violence, in order to avoid discrepancies between judicial decisions and discrimination or secondary victimisation during judicial, medical and police proceedings, ensuring that children and women are duly heard and their protection is given priority; emphasises the need to strengthen dedicated judicial offices and child and female victim- friendly justice, limiting the excessive discretionary powers of practitioners and establishing checks on child custody procedures by qualified professional figures;
Amendment 215 #
Motion for a resolution Paragraph 4 4. Strongly recommends that Member States establish specialised courts and judicial offices, as well as appropriate laws, training, procedures and guidelines for all professionals dealing with the victims, including raising awareness of gender-based violence, in order to avoid discrepancies between judicial decisions and discrimination or secondary victimisation during judicial, medical and police proceedings, ensuring that children and women are duly heard and their protection and reparation is given priority; emphasises the need to strengthen dedicated judicial offices and child and female victim-
Amendment 216 #
Motion for a resolution Paragraph 4 4. Strongly recommends that Member States establish specialised courts and judicial offices, as well as appropriate laws, training, procedures and guidelines
Amendment 217 #
Motion for a resolution Paragraph 4 a (new) 4 a. considers the prevention of domestic violence and the protection of victims and their children to be in the public interest; considers that the pursuit of these objectives is incompatible with a logic of competition and the commodification of support services; deplores in this regard the attempts by some Member States to commodify counselling and listening numbers which are an essential piece in the fight against domestic violence; calls on the European Commission to encourage Member States to take all the players and services in relation with fight domestic violence out of the framework of the market; calls on Member States to favour a logic of public service and subsidies to a market logic when it comes to financing the fight against domestic violence;
Amendment 218 #
Motion for a resolution Paragraph 4 a (new) 4a. Stresses the need for appropriate legal assistance for victims in terms of legal advice and representation by a lawyer before the court; emphasises, in addition, the need for prior preparation of victims for criminal proceedings, including through a system of psychosocial support - particularly during and after questioning procedures - which takes into account the emotional tensions associated with the circumstances, and designed to prevent risk factors which could lead to further violent offences;
Amendment 219 #
Motion for a resolution Paragraph 4 a (new) Amendment 22 #
— having regard to Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order,
Amendment 220 #
Motion for a resolution Paragraph 4 a (new) 4 a. Calls on the Member States to ensure a coordinated approach between governments and public services, support facilities and the private sector and to update protocols for victims of gender- based violence to help them to seek help, report crimes and access health services, as well as encouraging witnesses to report such crimes;
Amendment 221 #
Motion for a resolution Paragraph 4 a (new) 4 a. Calls on the Commission to facilitate and coordinate those type of trainings especially for cross-border cases;
Amendment 222 #
Motion for a resolution Paragraph 4 b (new) 4b. Recommends that national authorities take action, in particular, to draft and disseminate a set of guidelines for professionals involved in cases relating to intimate partner violence and custody rights, including consideration of risk factors (risk factors relating to children or family members, environmental or social concerns, or potential repetition of violent offences), to enable the intimate partner violence to be assessed, in support of children's and women's rights;
Amendment 223 #
Motion for a resolution Paragraph 5 5. Stresses the importance, in these procedures, of the role of the doctor providing forensic expertise in caring
Amendment 224 #
Motion for a resolution Paragraph 5 5. Stresses the importance in these procedures of the role of
Amendment 225 #
Motion for a resolution Paragraph 5 5. Stresses the importance in these procedures of the role of the doctor providing forensic and psychological expertise in caring not only for women victims of domestic abuse or violence, but also for the children involved, in particular when the environment in which they live is not suitable to protect their health, dignity, emotional balance and quality of life; recalls, therefore, the need for the forensic practitioners and professionals involved to be able to benefit, inter alia, from guidelines drawn from a set of data, practice and harmonised best practices at
Amendment 226 #
Motion for a resolution Paragraph 5 5. Stresses the importance in these procedures of the role
Amendment 227 #
Motion for a resolution Paragraph 5 a (new) 5 a. underlines the importance, in these procedures, of a multitude of actors who are not judicial agents, whether they are public officers or associations; regrets that too often, female victims find themselves without the appropriate social, health, and psychological support; calls on Member States to develop comprehensive support for victims of domestic violence, covering health, social and psychological aspects; considers that having structures and places which can deal with all the aspects linked to situations of domestic violence improves the quality of support for victims; calls on Member States to finance and raise awareness for such support, starting by providing the necessary means to associations helping women victims and their children;
Amendment 228 #
Motion for a resolution Paragraph 5 a (new) 5 a. Calls on the EU to urgently address the increase in intimate partner violence during the COVID-19 pandemic; calls, in this regard, on the Commission to develop a European Union Protocol on gender-based violence in times of crisis and to include protection services for victims, such as helplines, safe accommodation and health services as ‘essential services’ in the Member States, in order to prevent gender-based violence and support victims of domestic violence during crises such as the COVID-19 pandemic;
Amendment 229 #
Motion for a resolution Paragraph 5 b (new) 5 b. invites the Member States to develop systems to allow third person and association to handle the children to the violent ex-partner, to reduce the exposure of mothers who are victims of domestic violence if their former partner has retained a right of visit, accommodation, or shared custody rights; considers that these mechanisms must be accessible to women as soon as they report domestic violence; considers that this task mobilize specific skills and that the agents in charge of handling the children must receive adequate training; considers these mechanisms should be carried by specialised associations and institutions;
Amendment 23 #
Motion for a resolution Citation 15 a (new) — having regards to its resolution of 21 January 2021 on the EU Strategy for Gender Equality (2019/2169(INI)),
Amendment 230 #
Motion for a resolution Paragraph 5 b (new) 5 b. Calls on the Members States and local authorities and exchange best practices to support victims of gender based and domestic violence by guaranteeing them safety and economic independency through the access of specific housing and to essential public services such as health, transport as well as professional and psychological support;
Amendment 231 #
Amendment 232 #
Motion for a resolution Paragraph 6 6. Stresses the importance of action at both EU and national level to reach agreement on common legal definitions, as this type of witnessed violence is not recognised in many legal systems and has a direct impact on data collection in the police and judicial sectors, and on cross- border cooperation; stresses the need to assign the status of victim to the children who were not only directly exposed to domestic violence, but who were also witnesses to violence in criminal and investigation proceedings;
Amendment 233 #
Motion for a resolution Paragraph 6 6. Stresses the importance of
Amendment 234 #
Motion for a resolution Paragraph 6 6. Stresses the importance of action at both EU and national level to reach agreement on common legal definitions, as this type of witnessed violence is not recognised in many legal systems and children witnessing violence in their family environment are not recognised as victims of violence, which has a direct impact on data collection in the police and judicial sectors, and on cross-
Amendment 235 #
Motion for a resolution Paragraph 6 6. Stresses the importance of action at both EU and national level to reach agreement on common legal definitions, as this type of
Amendment 236 #
Motion for a resolution Paragraph 6 a (new) 6 a. Stresses that in some EU Member States, up to 30% of calls to domestic violence helplines come from witnesses; and that those are generally more likely to report intimate partner violence to the authorities if dependent children are involved1a; this highlighting the importance of awareness-raising campaigns that enable witnesses (particularly neighbours, co-workers) to spot the signs of intimate partner violence (in particular non-physical violence), and provide guidance on how to support and assist victims; _________________ 1a EIGE ”Intimate Partner Violence and Witness Intervention: What are the Deciding Factors?” (2020) https://eige.europa.eu/publications/intima te-partner-violence-and-witness- intervention-what-are-deciding-factors[2] EIGE ”Intimate Partner Violence and Witness Intervention” https://eige.europa.eu/gender-based- violence/eiges-work-gender-based- violence/intimate-partner-violence-and- witness-intervention
Amendment 237 #
Motion for a resolution Paragraph 6 a (new) 6a. Notes that such guidelines and guidance should be geared, inter alia, towards the management and storage of medical files and evidentiary items by the forensic expert and medical professionals, as appropriate, but in any case such as to enable women to take subsequent legal action and to enable the judicial authority to carry out specific investigations;
Amendment 238 #
Motion for a resolution Paragraph 6 a (new) 6 a. Calls on the Commission to develop a European Union protocol on violence against women in times of crisis and emergency in order to prevent violence against women and to support victims of gender-based violence during emergencies, such as the COVID-19 pandemic; highlights that this protocol should include essential protection services for victims;
Amendment 239 #
Motion for a resolution Paragraph 6 a (new) 6 a. Calls for the recognition of institutional violence that may be committed by public servants in the exercise of their functions with appropriate sanctions and measures for the protection and reparation of the victims;
Amendment 24 #
Motion for a resolution Citation 17 a (new) — having regard to 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,
Amendment 240 #
Motion for a resolution Paragraph 7 Amendment 241 #
Motion for a resolution Paragraph 7 7.
Amendment 242 #
Motion for a resolution Paragraph 7 7. Calls on the Commission and the Member States to provide quality, gender- segregated and comparable EU-wide data on the prevalence, causes, consequences and management of intimate partner violence and custody rights, making full use of the capacity and expertise of the EIGE; stresses the key role of Eurostat and of Member States’ statistical institutes in producing high quality, timely and reliable statistics on gender-based violence, including intimate partner violence; recalls that such action is eligible for funding under the Single Market Programme for the period 2021- 2027, which should contribute in speeding up such production by Member States even in the ones where such data is still not collected or such statistics not produced yet;
Amendment 243 #
Motion for a resolution Paragraph 7 7. Calls on the Commission and the Member States to cooperate in order to provide quality, gender-
Amendment 244 #
Motion for a resolution Paragraph 7 7. Calls on the Commission and the Member States to provide harmonised, quality, gender-
Amendment 245 #
Motion for a resolution Paragraph 7 7. Calls on the Commission
Amendment 246 #
Motion for a resolution Paragraph 7 7. Calls on the Commission and the Member States, in cooperation with Eurostat, to provide quality, gender- segregated and comparable EU-wide data on the prevalence, causes, consequences and management of intimate partner violence and custody rights, making full use of the capacity and expertise of the EIGE;
Amendment 247 #
Motion for a resolution Paragraph 7 7. Calls on the Commission and the Member States to provide quality,
Amendment 248 #
Motion for a resolution Paragraph 7 7. Calls on the Commission and the Member States to provide quality,
Amendment 249 #
Motion for a resolution Paragraph 7 a (new) 7a. Points out that, while all family disputes have a profound emotional impact, cross-border cases are clearly even more sensitive and legally complex; stresses the need for a high degree of public awareness regarding complex issues such as cross-border custody arrangements and maintenance obligations, including the need to ensure clarity regarding the rights and obligations of parents and children in each country; is of the opinion that, in cross-border cases, mediation could help prevent conflicting tensions in prolonged court cases; points out that Member States could contribute to the swifter resolution of such cross-border family law cases by instituting a system of specialist chambers within national courts or by improving mediation bodies and involving them more closely;
Amendment 25 #
Motion for a resolution Citation 17 a (new) — having regard to the European Parliament Resolution of 21 January 2021 on the EU Strategy for Gender Equality,
Amendment 250 #
Motion for a resolution Paragraph 7 a (new) 7 a. Highlights the full support for strengthening capacity of service providers across sectors (justice, law enforcement, health, social services) to record and maintain updated databases; calls on the Member States to establish national guidelines and good practices as well as to provide intimate partner violence awareness training for staff at all levels in each front line sector, being essential to provide a sensitive response to women seeking protection; calls on the Member States to monitor services for sectors and set the necessary budgets in line with the needs;
Amendment 251 #
Motion for a resolution Paragraph 7 a (new) 7 a. Calls on the Commission to promote awareness-raising, information and advocacy campaigns tackling domestic and gender-based violence in all its forms, such as physical violence, sexual harassment, cyber-violence and sexual exploitation, particularly in relation to newly created prevention measures and flexible emergency warning systems, in order to encourage reporting in coordination and cooperation with recognised and specialised women’s organisations;
Amendment 252 #
Motion for a resolution Paragraph 7 a (new) 7 a. Recalls the need for measures to ensure the unrestricted and barrier-free provision of sexual and reproductive health and rights services (SRHR); Recalls that the Covid-19 crisis has highlighted the need to remove outdated administrative barriers, modernise and improve efficiency in this area, such as investing in telemedicine possibilities to guarantee continuity of provision of healthcare services;
Amendment 253 #
Motion for a resolution Paragraph 7 a (new) 7a. Suggests that such guidelines and guidance should include measures to promote safe, respectful and non-guilt- inducing out-patient and in-patient treatment programmes for women who have suffered violence, including intimate partner violence, and to support research to develop and evaluate the best treatments for women who have suffered violence, and for their children;
Amendment 254 #
Motion for a resolution Paragraph 7 a (new) 7 a. Calls on the Commission and Member States to enhance the cooperation in order to take measures that empower the victims of intimate partner violence to come forward and report the crime as in many cases the intimate partner violence remains unreported;
Amendment 255 #
Motion for a resolution Paragraph 7 b (new) 7 b. Calls on Member states to implement specific measures to tackle economic violence, aiming to ensure empowerment, financial safety and economic independence of victims of gender-based violence, allowing them to take control over their lives;
Amendment 256 #
Motion for a resolution Paragraph 7 c (new) Amendment 257 #
Motion for a resolution Paragraph 7 d (new) 7 d. Stresses that in the best interest of the child, parental authority of the perpetrating parent should be systematically suspended in case of voluntary homicide of the other parent ; further emphasizes that descendants should be exempted from maintenance obligations towards a parent who has been condemned for perpetrating voluntary homicide of the other parent ;
Amendment 258 #
Motion for a resolution Paragraph 8 Amendment 259 #
Motion for a resolution Paragraph 8 8. Expresses its concern about the
Amendment 26 #
Motion for a resolution Citation 17 b (new) — having regard to the European Institute for Gender Equality (EIGE) Gender Equality Index 2020 report,
Amendment 260 #
Motion for a resolution Paragraph 8 8. Expresses its concern about the fact that discriminatory gender bias often leads to a lack of trust in women, in particular concerning presumed false allegations of child abuse and of domestic violence; stresses therefore the importance of measures aimed at combating gender stereotypes and patriarchal biases trough education and awareness-raising campaigns;
Amendment 261 #
Motion for a resolution Paragraph 8 8. Expresses its concern about the fact that discriminatory gender bias often leads to a lack of trust in women, in particular concerning presumed false allegations of child abuse and of domestic violence; calls on Member States to monitor and fight a culture of denigration of women voices;
Amendment 262 #
Motion for a resolution Paragraph 8 8. Expresses its concern about the fact that discriminatory gender bias often leads to a lack of trust in women, in particular concerning presumed false allegations of
Amendment 263 #
Motion for a resolution Paragraph 8 8. Expresses its concern about the
Amendment 264 #
Motion for a resolution Paragraph 8 8. Expresses its concern about the fact that discriminatory gender bias, such as gender stereotypes, often leads to a lack of trust in women, in particular concerning presumed false allegations of child abuse and of domestic violence;
Amendment 265 #
Motion for a resolution Paragraph 8 8. Expresses its concern about the fact that discriminatory
Amendment 266 #
Motion for a resolution Paragraph 8 8. Expresses its concern about the fact that discriminatory
Amendment 267 #
Motion for a resolution Paragraph 8 a (new) Amendment 268 #
Motion for a resolution Paragraph 8 a (new) 8a. Expresses concern about domestic violence allegations that do not end in convictions and may be a reflection of the use of the justice system as a political tool that breaches the presumption of innocence principle in favour of a party that may benefit from custody systems;
Amendment 269 #
Motion for a resolution Paragraph 8 a (new) 8a. Notes that such guidelines and guidance should support health professionals in raising public awareness in their professional environment of the crucial impact of violence against women, including intimate partner violence, on their mental health;
Amendment 27 #
Motion for a resolution Citation 18 Amendment 270 #
Motion for a resolution Paragraph 8 a (new) 8 a. Calls on the Member States to ensure the provision of effective, accessible, affordable and quality medical and psychological support for victims of gender-based violence, including sexual and reproductive health services, especially in times of crisis where such support must be deemed essential;
Amendment 271 #
Motion for a resolution Paragraph 8 a (new) 8 a. Welcomes Commission’s commitment to present a comprehensive strategy to protect vulnerable children and foster a child-friendly justice;
Amendment 272 #
Motion for a resolution Paragraph 9 9. Highlights that perpetrators often use litigation to extend their power and control, and to continue to intimidate and incite fear in their victims; stresses that
Amendment 273 #
Motion for a resolution Paragraph 9 9. Highlights that perpetrators often use litigation to extend their power and control, and to continue to intimidate and incite fear in their victims; stresses that perpetrators often abuse, or threaten to harm or to take the children, in order to harm their partners and ex-partners; notes that the withholding of maintenance payments can be used by perpetrators as a threat and a form of abuse against their victims; highlights that this practice can cause great psychological harm to the victims and create or aggravate financial difficulties;
Amendment 274 #
Motion for a resolution Paragraph 9 9. Highlights that perpetrators often use litigation to extend their power and control, and to continue to intimidate and incite fear in their victims; stresses in this regard that the child and requesting shared custody are often manipulated by the violent parent to continue reaching the mother after the separation; stresses that perpetrators often abuse, or threaten to harm or to take the children, in order to harm their partners and ex-partners;
Amendment 275 #
Motion for a resolution Paragraph 9 9. Highlights that
Amendment 276 #
Motion for a resolution Paragraph 9 9. Highlights that perpetrators often use litigation to extend their power and control, and to continue to intimidate and incite fear in their victims; stresses that perpetrators often abuse, or threaten to harm or to take the children, in order to harm their partners and ex-partners, while having a serious impact on the harmonious development of the child;
Amendment 277 #
Motion for a resolution Paragraph 9 9. Highlights that perpetrators often use litigation to extend their power and control, and to continue to intimidate and incite fear in their victims; stresses that perpetrators often abuse, or threaten to harm or to take the children, in order to harm their partners and ex-partners; recalls that this is also a form of gender-based violence;
Amendment 278 #
Motion for a resolution Paragraph 9 a (new) 9 a. alert on the use of scientifically unreliable concepts, such as parental alienation syndrome, by law enforcement, judicial and psychiatric agents to analyse situations of domestic violence; stresses that the parental alienation syndrome has been disowned by the WHO in the absence of serious scientific evidence; calls on the Commission and Member States to show the greatest discernment vis-à-vis organizations which defend unreliable concepts and whose main objective is to defend the interests of violent partner; calls on Member States not to recognize the parental alienation syndrome in their judicial practice and law;
Amendment 279 #
Motion for a resolution Paragraph 9 a (new) 9 a. Urges the Commission to ensure that all Member States translate the ‘Victims’ Rights Directive’ into national legislation and fully implement it, in particular by adopting measures ensuring the full access to a range of support services, across their territory including through specialist and generic services as well as the 116 006 helpline for victims of crime.; calls on the Commission, in its evaluation of the EU Victims’ Rights Directive, to examine whether the gender aspect of victimisation, in particular intimate partner violence, is properly and effectively taken into account;
Amendment 28 #
Motion for a resolution Citation 19 Amendment 280 #
Motion for a resolution Paragraph 9 a (new) 9a. Notes that, for clinical and legal purposes, the specific skills of the forensic expert make him or her the most suitable professional for the protection of women who are victims of violence, and children, also to assist specialists (paediatricians, gynaecologists, psychologists) in their work, having the appropriate training and technical expertise to be able to recognise the signs of violence and, where there are grounds to do so, to comply with reporting obligations and liaise with judicial and health authorities;
Amendment 281 #
Motion for a resolution Paragraph 9 a (new) 9a. Calls for the criminalisation of 'parental alienation' to prevent either parent from turning their children against the other parent and going unpunished for it;
Amendment 282 #
Motion for a resolution Paragraph 9 b (new) 9 b. Stresses that failing to address intimate partner violence in custody rights and visitation schedule decisions is a violation by neglect of the human rights to life, to a life without violence, and to the healthy development of women and children; strongly urges that any form of violence, including witnessing violence against a parent or close person, be considered in law and in practice as a violation of human rights and as an act against the best interest of the child;
Amendment 283 #
Motion for a resolution Paragraph 9 c (new) 9 c. Calls on the Commission to take all necessary measures to tackle the issue of unreported crimes, in particular by supporting Member States to improve how to identify victims of domestic and intimate partner violence and empower them to come forward and report the crime;
Amendment 284 #
Motion for a resolution Paragraph 10 10. Calls on the Member States to promote better access to legal protection, effective hearings and restraining orders, counselling and victim funds for women victims of intimate partner violence, and to apply particular procedures and give support to mothers who are victims of domestic violence, in order to prevent them from becoming victims again as a result of losing custody of their children; considers that the Member States must cover the legal costs (both cirminal and civil including children's judge) of victims of domestic violence when they do not have sufficient resources and guarantee them proper defence by lawyers specialized in situations of domestic violence; calls on Member State to provide such targeted and mandatory training to lawyers working on legal aid cases;
Amendment 285 #
Motion for a resolution Paragraph 10 Amendment 286 #
Motion for a resolution Paragraph 10 10. Calls on the Member States to promote better access to adequate legal protection, effective hearings and restraining orders, counselling and victim funds for women victims of intimate partner violence, and to apply particular procedures and give support to mothers who are victims of domestic violence, in order to prevent them from becoming victims again as a result of losing custody of their children; calls on the Member States to directly provide maintenance payments to victims through victims funds, to avoid financial abuse and risk causing further harm to the victim; calls on the Commission to assess the establishment of minimum standards for protection orders across the EU;
Amendment 287 #
Motion for a resolution Paragraph 10 10. Calls on the Member States to promote better access to legal protection
Amendment 288 #
Motion for a resolution Paragraph 10 10. Calls on the Member States to promote and guarantee better access to legal protecti
Amendment 289 #
Motion for a resolution Paragraph 10 10. Calls on the Member States to promote better access to legal protection, effective hearings and restraining orders, shelters, counselling and victim funds for women victims of intimate partner violence, and to apply particular procedures and give
Amendment 29 #
Motion for a resolution Citation 20 Amendment 290 #
Motion for a resolution Paragraph 10 10. Calls on the Member States to promote better access to legal protection, effective hearings and restraining orders, counselling and victim funds and financial empowerment programs for women victims of intimate partner violence, and to apply particular procedures and give support to mothers who are victims of domestic violence, in order to prevent them from becoming victims again as a result of losing custody of their children;
Amendment 291 #
Motion for a resolution Paragraph 10 10. Calls on the Member States to promote
Amendment 292 #
Motion for a resolution Paragraph 10 a (new) 10a. Stresses the importance for the forensic expert, or any other professional involved, to provide the relevant national authority with information relating to violence within the couple, when he or she believes that such violence puts the life of the adult victim or child in immediate danger and that the victim is unable to protect him/herself because of the moral or economic coercion resulting from the hold exercised by the perpetrator, seeking to obtain the adult victim's consent where appropriate;
Amendment 293 #
Motion for a resolution Paragraph 10 a (new) 10 a. Urges Members States to ensure that access to justice and victim support is accessible, adequate and free to all women victims of intimate partner violence in all their diversity, in particular regardless their residence and migration status and ensuring interpretation services where needed; calls to ensure that services take into consideration the intersecting forms of discrimination suffered by women with ethnic and religious minority backgrounds, as well as women with disabilities and young women;
Amendment 294 #
Motion for a resolution Paragraph 10 a (new) 10 a. Calls on the Member States to guarantee support for mothers and their children who are victims of domestic violence by means of community, educational and financial support, such as victim funds for women victims of domestic violence, in order to ensure they have necessary skills and means to care for their children and prevent them from becoming victims of violence again or from losing the custody over their children;
Amendment 295 #
Motion for a resolution Paragraph 10 a (new) 10 a. Notes that interventions which support children who are exposed to domestic violence are crucial in minimising the long-term harm; calls on the Member States to continue to provide innovative programmes in order to address the needs of these children, for example through training staff who work with children to detect early warning signs and to provide appropriate responses and support;
Amendment 296 #
Motion for a resolution Paragraph 10 a (new) 10 a. Recommends that Member States provide alternative mechanisms for victims who do not file a complaint so that they can exercise the rights recognised to victims of intimate partner violence, such as social and labour rights, for example through expert reports drawn up by specialized public services accrediting the status of victim of gender-based violence;
Amendment 297 #
Motion for a resolution Paragraph 10 a (new) 10 a. highlights for this reason the key role of economic support for the victims in order to reach financial independence from the violent partner; for the same reason, calls on Member States to provide rapid and effective decisions on paid child support to avoid dependence of the victim and potentially dangerous situations also for the child;
Amendment 298 #
Motion for a resolution Paragraph 10 a (new) 10a. Strongly recommends that Member States put in place systematic procedures for monitoring, including psychological monitoring, of children who are victims of and witnesses to domestic violence, in order to respond to the troubles this causes in their lives and to prevent them from repeating such violence as adults;
Amendment 299 #
Motion for a resolution Paragraph 10 a (new) 10 a. Urges the EU to ratify the Istanbul Convention and to advocate for its ratification by Bulgaria, Czech Republic, Hungary, Latvia, Lithuania, Slovakia, and for its effective and practical application by all the Member States, in order to fight against gender-based violence;
Amendment 3 #
Motion for a resolution Citation 2 — having regard to Articles 21, 23, 24, and
Amendment 30 #
Motion for a resolution Citation 21 Amendment 300 #
Motion for a resolution Paragraph 10 a (new) 10 a. Calls on the Commission and the Member States to promote gender equality education and raising awareness on various forms of violence and gender biases and stereotypes.
Amendment 301 #
Motion for a resolution Paragraph 10 b (new) 10 b. Calls on Member States to set up an annual campaign to inform children and raise awareness on children’s rights; calls on the Member States to establish specific centres to attend children victims of violence, with paediatricians and therapists also specialised in gender based-violence; calls on the Member States to establish contact points for children that are easily accessible, including by telephone, e-mail, online chat etc, where they can talk about and ask questions as well as report violence against themselves, a parent or a sibling and where they can get information, advice or be referred on for more help;
Amendment 302 #
Motion for a resolution Paragraph 10 b (new) 10 b. Urges Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia to ratify the Istanbul Convention; Calls on its effective and practical application by all the Member States in order to fight against gender-based violence; Recalls its strong condemnation of the recent decision by the Polish Minister of Justice to officially start Poland’s withdrawal from the Istanbul Convention, which would be a serious setback with regard to gender equality, women’s rights and the fight against gender-based violence;
Amendment 303 #
Motion for a resolution Paragraph 10 b (new) 10 b. Is worried that specialist support services are not provided equally within each Member States and calls on them to ensure adequate geographical distribution, immediate, short- and long- term specialist support services to any victim, as enshrined in the Istanbul Convention; these services should be provided irrespective of women’s residence status and their ability or willingness to cooperate in proceedings against the alleged perpetrator;
Amendment 304 #
Motion for a resolution Paragraph 10 b (new) 10 b. Calls on the Commission to continue developing a comprehensive framework of policies, programmes and other initiatives to tackle violence against women and domestic violence; to allocate sufficient and adequate resources to actions related to the Istanbul Convention implementation through its funding programmes safeguarded in the provisions of Multiannual Financial Framework 2021-2027 and through the Daphne strand;
Amendment 305 #
Motion for a resolution Paragraph 10 b (new) 10b. Stresses the need to eliminate any economic barriers that might induce a woman not to report the violence she has suffered; notes that this could be done by giving courts the option of awarding government benefits to support the victims, once the circumstances of the domestic violence have been established;
Amendment 306 #
Motion for a resolution Paragraph 10 b (new) 10 b. Highlights the need for special attention and specific procedures and standards for cases in which the victim or the child involved is a person with disabilities or belongs to a particularly vulnerable group;
Amendment 307 #
Motion for a resolution Paragraph 10 c (new) 10 c. Calls on the Member States, as laid down in Article 16 of the Istanbul Convention, to take the necessary legislative or other measures to set up or support programmes aimed at teaching perpetrators of domestic violence to adopt non-violent behaviour in interpersonal relationships with a view to preventing further violence and changing violent behavioural patterns; recalls that, in doing so, Member States must ensure that the safety of, support for and the human rights of victims are of primary concern and that, where appropriate, these programmes are set up and implemented in close co-ordination with specialist support services for victims;
Amendment 308 #
Motion for a resolution Paragraph 10 c (new) 10 c. Calls on the Member States to provide effective reparation to women victims, going beyond monetary compensation and including provision of legal, social and health services including sexual, reproductive and mental health for a complete recovery; also to establish reparation funds and to set up a mechanism to coordinate, monitor and assess regularly the implementation and effectiveness of the measures to prevent and eliminate intimate partner violence and other all forms of gender-based violence against women;
Amendment 309 #
Motion for a resolution Paragraph 10 c (new) 10 c. Welcomes the initiative of the Commission to put forward an EU strategy on the rights of the child (2021- 24); underlines the need to protect the rights of the most vulnerable children, with particular attention to children with disabilities, the prevention of and fight against violence and the promotion of child-friendly justice; calls for a full and swift implementation of the strategy by all Member States;
Amendment 31 #
Motion for a resolution Citation 22 Amendment 310 #
Motion for a resolution Paragraph 10 c (new) 10 c. Welcomes the upcoming Commission’s proposal for an EU strategy on the rights of the child (2021- 24), which provides the framework for EU action to better promote and protect children’s rights ;
Amendment 311 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to promote EU-wide public awareness campaigns as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence; highlights the strategic role of media in this regard; stresses, however, that in some Member States femicides and cases of gender violence are still presented in absolutory terms with regard to the violent partner; emphasizes that instead the media should strongly condemn this type of violence and abstain from treating the violent partner with an absolutory tone;
Amendment 312 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to promote EU-wide public awareness campaigns as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence; considers that domestic violence also comes from a sexist vision of parenthood; therefore calls on the Commission and Member States to promote feminist and egalitarian parenthood, where men and women are equally responsible so that the parental burden is fairly Distributed, to ensure women are no longer assigned a subordinate status;
Amendment 313 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to promote EU-wide public awareness campaigns as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence; calls on the Commission to facilitate the exchange of best practices at European level on prevention, protection, combating and prosecution measures as well as exchange of best practices in their practical implementation; taking into account the specificity of the covid crisis to also focus on the impact on children;
Amendment 314 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to promote EU-wide public awareness campaigns as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence; calls on the Commission to support activities in schools and other settings which raise the awareness of children and those working with children of crime and trauma issues, where to find help, how to report issues, and how to build resilience;
Amendment 315 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to promote EU-wide public awareness campaigns as a necessary measure in the prevention of gender-based violence and domestic violence and the creation of a climate of zero tolerance towards violence; calls on Member States to complement such a European campaign by spreading information about where victims and witnesses can report such violence, including beyond the end of the campaign;
Amendment 316 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to promote EU-wide public awareness campaigns as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence; considers it necessary to raise awareness of victims’ rights in order to create a safer environment for victims;
Amendment 317 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to
Amendment 318 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to promote EU-wide public awareness campaigns and exchange of good practice as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence;
Amendment 319 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to promote EU-wide public awareness and educational campaigns as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence;
Amendment 32 #
Motion for a resolution Citation 22 — having regard to the statement of 24 March 2020 by the President of the Council of Europe’s Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO), Marceline Naudi, entitled ‘For many women and children, the home is not a safe place’, on the need
Amendment 320 #
Motion for a resolution Paragraph 11 a (new) Amendment 321 #
Motion for a resolution Paragraph 11 a (new) Amendment 322 #
Motion for a resolution Paragraph 11 a (new) 11 a. Recalls that the UN Special Rapporteur on violence against women has noted that the COVID-19 crisis has illustrated the lack of proper implementation of central conventions to protect and prevent gender-based violence; calls on the Council to urgently conclude the EU’s ratification of the Istanbul Convention on the basis of a broad accession without any limitations, and to advocate its ratification, swift and proper implementation, and enforcement by all Member States;
Amendment 323 #
Motion for a resolution Paragraph 11 a (new) 11 a. Welcomes the initiative on extending the areas of crime to encompass specific forms of gender-based violence in accordance with Article 83(1) of the TFEU, and calls on the Commission to come up with a proposal for a holistic, victim-centred EU framework Directive to prevent and combat all forms of gender-based violence; recalls that such new legislative measures are complementary to the ratification of the Istanbul Convention;
Amendment 324 #
Motion for a resolution Paragraph 11 a (new) 11 a. Urges the Commission and the Member States to take concrete measures to end child sexual abuse by investing in preventive measures, identifying specific programmes for potential offenders and more effective support for victims; Calls on the Member States to enhance cooperation between law enforcement authorities and civil society organisations to combat child sexual abuse and child sexual exploitation;
Amendment 325 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on the Commission and the Member States to allocate more funds to national territorial authorities, including through projects and calls for funding, for the establishment and expansion of shelters, in order to increase, improve and ensure adequate reception and protection services for women who are victims of domestic violence and any children involved;
Amendment 326 #
Motion for a resolution Paragraph 11 a (new) 11 a. Calls on the Member States to implement correctly the EU Victims´ Rights Directive, so that victims of intimate partner violence get full access to a range of support services ideally across the territory of the Member State;
Amendment 327 #
Motion for a resolution Paragraph 11 a (new) 11a. Stresses the importance of actively involving all public associations, whether they be religious, sporting, cultural, educational or voluntary associations, in carrying out awareness-raising campaigns;
Amendment 328 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on the Member States to encourage moves to eliminate the ingrained preconceptions still underlying the gender care gap;
Amendment 329 #
Motion for a resolution Paragraph 11 a (new) 11 a. Calls on the Commission and on the Council to include violence against women and children and other forms of gender-based violence in the catalogue of EU recognised crimes;
Amendment 33 #
Motion for a resolution Citation 24 Amendment 330 #
Motion for a resolution Paragraph 11 b (new) 11 b. Calls on the Council to add violence against women to the list of criminal offences in the EU, and calls on the Commission to propose a directive to tackle all forms of gender-based violence so as to put in place a strong legal framework, to coordinate the sharing of best practices between the Member States, to promote accurate and comparative data collection, to accurately measure the extent of such violence, to consider the possibility of producing forecasts, and to assess the impact of COVID-19 on the provision of key services to victims;
Amendment 331 #
Motion for a resolution Paragraph 11 b (new) 11 b. Encourages good practices already existing in some Member States to prevent further violence, such as the recording of the victims' telephone numbers in special lists related to stalking and intimate partner violence, in order to give absolute priority to possible future calls during emergencies and facilitate effective law- enforcement interventions;
Amendment 332 #
Motion for a resolution Paragraph 11 b (new) 11 b. Highlights that strategies to prevent intimate partner violence should include actions to reduce exposure to violence during childhood; teaching skills necessary to create safe and healthy relationship as well as challenging social norms that promote supremacy and authoritarian behaviour of men over women, or other forms of sexist behaviour;
Amendment 333 #
Motion for a resolution Paragraph 11 c (new) 11 c. Emphasises that the certainty of punishment of abusers is essential to both deter further violence, and reinforce trust in public authorities especially by the victims; however, further points out that prison term by itself is not enough to prevent future violence and that specific rehabilitation and re-education programs are necessary; calls on the Member States to set up or support programmes aimed at teaching perpetrators of domestic violence to adopt non-violent behaviour in interpersonal relationships with a view to preventing further violence and changing violent behavioural patterns; highlights that the safety of, support for and the human rights of victims are of primary concern and that, where appropriate, these programmes should be set up and implemented in close coordination with specialist support services for victims
Amendment 334 #
Motion for a resolution Paragraph 11 c (new) Amendment 335 #
Motion for a resolution Paragraph 11 d (new) 11 d. Calls on the Member States to provide access to affordable legal services and tailored services and responses to specific contexts in which the intimate partner violence occurs in rural areas; highlights the need to create networks between different services and programs in order to successfully combat the cases of domestic violence against women in rural and remote regions; calls for more community education and awareness raising as well as training and education on intimate partner violence in police and social services in rural and remote areas stressing the importance of education in informing and supporting children as well as programmes for conflict resolution, positive role models and cooperative play;
Amendment 336 #
Motion for a resolution Paragraph 12 12. Emphasises that hearing from the child is important to establish what is
Amendment 337 #
Motion for a resolution Paragraph 12 12. Emphasises th
Amendment 338 #
Motion for a resolution Paragraph 12 12. Emphasises that hearing from the child is important to establish what is in the best interests of the child while examining custody cases; points out nevertheless that in every case, but crucially in cases where intimate partnership violence is suspected, such hearings should be conducted in a child-friendly environment, with no pressure or influence from parents or relatives, by trained professionals, such as doctors or psychologists including those qualified in child neuropsychiatry, to analyse the effect of trust in others on the harmonious development of the child and to avoid deepening the trauma and victimisation;
Amendment 339 #
Motion for a resolution Paragraph 12 12. Emphasises that the
Amendment 34 #
Motion for a resolution Citation 25 Amendment 340 #
Motion for a resolution Paragraph 12 12. Emphasises that hearing from the child is important to establish what is in the best interests of the child while examining custody cases, unless a hearing is considered inappropriate having regard to his or her age or degree of maturity; points out nevertheless that in every case, but crucially in cases where intimate partnership violence is suspected, such hearings should be conducted in a child- friendly environment, with no pressure or influence from parents or relatives, by trained professionals, including those qualified in child neuropsychiatry, to avoid deepening the trauma and victimisation;
Amendment 341 #
Motion for a resolution Paragraph 12 12. Emphasises that hearing from the child is important to establish what is in the best interests of the child while examining
Amendment 342 #
Motion for a resolution Paragraph 12 12. Emphasises that hearing from the child is important to establish what is in the best interests of the child while examining custody and foster care cases; points out nevertheless that in every case, but crucially in cases where intimate partnership violence is suspected, such hearings should be conducted in a child- friendly environment, with no pressure or influence from parents or relatives, by trained professionals, including those qualified in child neuropsychiatry, to avoid deepening the trauma and victimisation;
Amendment 343 #
Motion for a resolution Paragraph 12 12. Emphasises that hearing from the child is
Amendment 344 #
Motion for a resolution Paragraph 12 a (new) 12a. Calls on the Member States to adopt, as provided for in Article 26 of the Istanbul Convention, the necessary legislative and other measures to ensure specific protection and support for child witnesses of violence, including age- appropriate psychosocial counselling; calls on the Member States, in addition, to introduce special measures concerning so-called witnessed violence, including provisions for specific aggravating circumstances;
Amendment 345 #
Motion for a resolution Paragraph 12 a (new) 12 a. Urges that in suspected cases of child abuse the principle ‘in dubio pro- filis’ should prevail, applying immediate interim measures while the facts are investigated;
Amendment 346 #
Motion for a resolution Paragraph 12 b (new) 12 b. Calls for the prohibition of the use of PAS which punishes mothers who attempt to report cases of child abuse or gender based violence;
Amendment 347 #
Motion for a resolution Paragraph 12 c (new) 12 c. Stresses that courts dealing with child abuse should be specialised in gender-based violence, too;
Amendment 348 #
Motion for a resolution Paragraph 13 13. Underlines the importance of the exchange of information between courts, the central authorities of Member States and police bodies, especially in relation to cross-border custody cases;
Amendment 349 #
Motion for a resolution Paragraph 13 13. Underlines the importance of the exchange of information between courts, the central authorities of Member States and police bodies, especially in relation to cross-border custody cases; hopes that the revised rules under Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child
Amendment 35 #
Motion for a resolution Recital A A. whereas gender equality is a fundamental value and a
Amendment 350 #
Motion for a resolution Paragraph 13 13. Underlines the importance of the exchange of information between courts, the central authorities of Member States and police bodies, especially in relation to cross-border custody cases; hopes that the revised rules under Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction7 will enhance the cooperation between judicial systems to effectively determine the best interests of the child; calls, in this context, on the Commission and the Member States to
Amendment 351 #
Motion for a resolution Paragraph 13 13. Underlines the importance of the exchange of information between courts, the central authorities of Member States and police bodies, especially in relation to cross-border custody cases; hopes that the revised rules under Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction7 will enhance the cooperation between judicial systems to effectively determine the best interests of the child; calls, in this context, on the Commission and the Member States to implement the Brussels IIa Regulation effectively; recalls that the scope and objectives of the Brussels IIa Regulation are based on the principle of non-discrimination on the grounds of nationality between citizens of the Union and on the principle of mutual trust between the Member States’ legal systems; _________________
Amendment 352 #
Motion for a resolution Paragraph 13 13. Underlines the importance of the exchange of information between courts, the central authorities of Member States and police bodies, especially in relation to cross-border custody cases;
Amendment 353 #
Motion for a resolution Paragraph 13 a (new) 13a. Calls on the Member States to provide effective instruments for the judicial accompaniment of children and to ensure that the operators in charge are adequately trained;
Amendment 354 #
Motion for a resolution Paragraph 14 14.
Amendment 355 #
Motion for a resolution Paragraph 14 14. Stresses the need to recognise the
Amendment 356 #
Motion for a resolution Paragraph 14 14. Stresses the need to recognise the interconnectedness of criminal, civil and other legal proceedings in order to coordinate the judicial responses to intimate partner violence and to avoid discrepancies between judicial decisions that are harmful to children and women victims; calls to this end on Member States to organise training of all professionals as well as volunteer workers involved in such proceedings, and to associate civil society organisations working with and for children and victims in these trainings;
Amendment 357 #
Motion for a resolution Paragraph 14 14. Stresses the need to recognise the interconnectedness of criminal, civil and other legal proceedings in order to coordinate the judicial responses to intimate partner violence and
Amendment 358 #
Motion for a resolution Paragraph 14 14. Stresses the need to recognise the interconnectedness of criminal, civil and other legal proceedings in order to coordinate the judicial and other legal responses to intimate partner violence and to avoid discrepancies between judicial and other legal decisions that are harmful to children and women victims;
Amendment 359 #
Motion for a resolution Paragraph 14 14. Stresses the need to recognise the interconnectedness of criminal, civil and other legal proceedings in order to coordinate the judicial responses to intimate partner violence and to avoid discrepancies between judicial decisions that are harmful to children and women and men victims;
Amendment 36 #
Motion for a resolution Recital A A. whereas gender equality is a
Amendment 360 #
Motion for a resolution Paragraph 14 a (new) 14 a. Calls on the Commission and Member States to involve relevant civil society organisations, in particular those working with and for children as well as victims of domestic and gender-based violence, in the development, implementation and evaluation of policies and legislation; calls for providing structural support at European, national and local levels for these CSOs, including financial support, to increase their capacity to react and advocate as well as to ensure adequate access for all people to their services, counselling and support activities;
Amendment 361 #
Motion for a resolution Paragraph 14 a (new) 14 a. Recalls that united action is essential in order to upwardly converge and harmonise women’s rights in Europe through a strong pact between Member States, by sharing and implementing the most ambitious Union legislation and the implementation of best practices currently in force in the EU; Calls therefore for the creation of a Council configuration on gender equality within the European Council in order for Member states representatives to regularly meet, legislate, and exchange best practises;
Amendment 362 #
Motion for a resolution Paragraph 14 a (new) 14 a. Points out that fair remuneration and economic independence are key factors for enabling women to leave abusive and violent relationships; calls on the Commission and the Member States to promote and support such an independence, including through the support of women entrepreneurs and workers; welcomes the proposal for a directive on adequate minimum wages and the proposal for binding pay transparency measures;
Amendment 363 #
Motion for a resolution Paragraph 14 a (new) 14a. Calls on the competent authorities of the Member States to promote, in the best interests of the child and the female victim, a procedure whereby, with the intervention of accredited professionals, an assessment of the child's psychological state can be carried out at every stage of the procedure, in order to decide whether a meeting with the allegedly or declaredly violent parent is appropriate;
Amendment 364 #
Motion for a resolution Paragraph 14 a (new) 14 a. Stresses the importance of the implementation of work-life balance directive, as this is particularly important for lone parents, thus helping them cope with their specific employment situation as well as with caring duties -such as availability of care facilities;
Amendment 365 #
Motion for a resolution Paragraph 14 b (new) 14 b. Calls for a specific attention to be drawn to the situation of single-parents households and the cross border collection of alimony, as the current provision in place -namely the Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations and the UN Convention on the Recovery Abroad of Maintenance, setting down legal obligations on cross – border collection of alimonies, is challenged as far as its enforcement and practicalities are concerned; stresses that the legal tools on cross-border collection of alimony need to be enforced with public awareness raising of their availability;
Amendment 366 #
Motion for a resolution Paragraph 14 b (new) 14b. Calls on the competent national authorities to improve coordination between courts by fostering contacts between prosecutors' offices to enable issues of parental responsibility to be resolved urgently and to ensure that family courts are able to consider all issues relating to violence against women when determining custody and visitation rights and to assess whether such violence justifies a limitation of custody and visitation rights;
Amendment 367 #
Motion for a resolution Paragraph 14 c (new) 14c. Encourages Member States, especially in view of the current situation in which there are still frequent periods of quarantine owing to the COVID-19 pandemic, to increase the number of violence prevention and response hotlines and invest in shelters and family centres and other appropriate measures, providing women who are victims of violence and are isolated, with confidentiality and a safe and local environment;
Amendment 368 #
Motion for a resolution Paragraph 14 c (new) 14 c. Calls therefor the European Commission to work closely with the Member States to identify practical problems linked with alimony collection in cross-border situations and to develop tools to effectively enforce payment obligations; stresses the importance of the issue and its consequences on single parent families and the risks of poverty;
Amendment 369 #
Motion for a resolution Paragraph 14 d (new) 14d. Calls on Member States to explore virtual options for helping victims of violence, including mental health and counselling options, paying attention to existing inequalities in access to information technology services;
Amendment 37 #
Motion for a resolution Recital A A. whereas gender equality is a
Amendment 38 #
Motion for a resolution Recital A A. whereas
Amendment 39 #
Motion for a resolution Recital A A. whereas gender equality is a
Amendment 4 #
Motion for a resolution Citation 3 — having regard to the purposes set out in Article 1 of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), which entered into force on 1 August 2014,
Amendment 40 #
Motion for a resolution Recital A A. whereas
Amendment 41 #
Motion for a resolution Recital A A. whereas
Amendment 42 #
Motion for a resolution Recital A A. whereas gender equality is a fundamental value and an objective of the EU; whereas gender-based violence is an extreme form of discrimination against women, a violation of human rights, and one of the biggest obstacles to achieving gender equality;
Amendment 43 #
Motion for a resolution Recital A A. whereas
Amendment 44 #
Motion for a resolution Recital A A. whereas gender equality is a fundamental value and an objective of the EU; whereas
Amendment 45 #
Motion for a resolution Recital A a (new) Aa. whereas gender equality is an essential condition for an innovative, competitive and prosperous European economy, leading to the creation of new jobs and increased productivity, especially in the context of digitalisation and transition to a green economy;
Amendment 46 #
Motion for a resolution Recital A a (new) A a. whereas gender-based violence, both physical and psychological, are widespread and affect women at all levels of society, regardless of age, education, income, social position or country of origin or residence;
Amendment 47 #
Motion for a resolution Recital B B. whereas, in spite of numerous instances of formal recognition and progress having been made on gender equality, women and men do not enjoy the same rights in practice and social, economic and cultural inequalities persist; whereas according to the EIGE Gender Equality Index 2020, no EU country has yet fully achieved equality between women and men; whereas the EU’s progress on gender equality is still slow, with the index score improving on average by one point every two years; whereas at this rate, it will take over 60 years for the EU to reach gender equality;
Amendment 48 #
Motion for a resolution Recital B B. whereas
Amendment 49 #
Motion for a resolution Recital B B. whereas, in spite of numerous instances of formal recognition and progress having been made on gender equality, women a
Amendment 5 #
Motion for a resolution Citation 5 a (new) — having regard to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction,
Amendment 50 #
Motion for a resolution Recital B B. whereas, in spite of numerous instances of formal recognition and progress having been made on gender equality, women and men do not enjoy the same rights in practice and social, judicial, economic and cultural inequalities persist;
Amendment 51 #
Motion for a resolution Recital B B. whereas, in spite of numerous instances of formal recognition and progress having been made on
Amendment 52 #
Motion for a resolution Recital B B. whereas, in spite of numerous instances of formal recognition and progress having been made on
Amendment 53 #
Motion for a resolution Recital B a (new) Amendment 54 #
Motion for a resolution Recital B a (new) B a. whereas despite progress, recent reports show that victims of crime are still unable to fully exercise their rights in the EU; whereas victims of crime often face difficulties in obtaining justice due to lack of information and insufficient support and protection, and victims often face secondary victimisation in criminal proceedings and in claiming compensation;
Amendment 55 #
Motion for a resolution Recital B b (new) B b. whereas the present decade is witnessing a visible and organised offensive at global and European level against gender equality and women’s rights, including in the EU;
Amendment 56 #
Motion for a resolution Recital C C. whereas intimate partner violence refers to any act of physical, sexual, psychological or economic violence that occurs between former or current spouses or partners, whether or not the perpetrator shares or has shared a residence with the victim; whereas intimate partner violence
Amendment 57 #
Motion for a resolution Recital C C. whereas intimate partner violence refers to any act of physical, sexual, psychological or economic violence that occurs between former or current spouses or partners, whether or not the perpetrator shares or has shared a residence with the victim; whereas intimate partner violence is one of the most prevalent forms of gender-based violence, with an estimated 22 % of women having experienced physical and/or sexual violence, and 43 % having experienced psychological violence by their partner6 ; whereas women and children are disproportionately affected by this type of violence; whereas domestic violence refers to “all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim”, as defined by the Istanbul Convention; whereas domestic violence is a serious and often hidden social problem that can cause systematic physical and psychological trauma with serious consequences for the victims, as the perpetrator is a person the victim should be able to trust; _________________ 6FRA report of 3 March 2014 entitled ‘Violence against women: an EU-wide survey’.
Amendment 58 #
C. whereas intimate partner violence refers to any act of physical, sexual, psychological or economic violence that occurs between former or current spouses or partners, whether or not the perpetrator shares or has shared a residence with the victim; whereas intimate partner violence is one of the most prevalent forms of gender-based violence, with an estimated 22 % of women having experienced physical and/or sexual violence, and 43 % having experienced psychological violence by their partner6 ; whereas women and children are disproportionately affected by this type of violence; whereas domestic violence is a serious and often hidden social problem that can cause systematic physical and psychological trauma with serious consequences for the victims, as the perpetrator is a person the victim should be able to trust; whereas victims are subjected to coercive control from their abuser, characterized by intimidation, control, isolation and abuses; _________________ 6FRA report of 3 March 2014 entitled ‘Violence against women: an EU-wide survey’.
Amendment 59 #
Motion for a resolution Recital C C. whereas intimate partner violence refers to any act of physical, sexual, psychological or economic violence that occurs between former or current spouses
Amendment 6 #
Motion for a resolution Citation 5 b (new) — having regard to the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption,
Amendment 60 #
Motion for a resolution Recital C C. whereas intimate partner violence refers to any act of physical, sexual, psychological or economic violence that occurs between former or current spouses or partners, whether or not the perpetrator shares or has shared a residence with the victim; whereas intimate partner violence is one of the most prevalent forms of
Amendment 61 #
Motion for a resolution Recital C a (new) Ca. whereas the principle of subsidiarity needs to be upheld in cases of intimate partner violence in connection with the settlement of joint custody and the decision reached by the courts;
Amendment 62 #
Motion for a resolution Recital C a (new) C a. whereas intimate partner violence can also severely impact the emotional, economic and social well-being of the whole family, with adverse effects on parenting skills and on educational and employment outcomes;
Amendment 63 #
Motion for a resolution Recital C a (new) C a. whereas between 70% and 85% of children know their abuser and the vast majority of children are victims of people they trust;1a _________________ 1ahttps://www.coe.int/en/web/human- rights-channel/stop-child-sexual-abuse- in-sport
Amendment 64 #
Motion for a resolution Recital C b (new) C b. Whereas the rates of intimate partner violence in rural and remote communities are even greater than those in urban areas; whereas women of rural and remote areas experience higher rates of intimate partner violence and greater frequency and severity of physical, psychological and economical abuse which is intensified by the fact that they reside farther away from available resources and services where they would be able to find assistance; whereas poor understanding of domestic violence by health, social and legal services in rural and remote regions can be identified as a significant problem for survivors of intimate partner violence;
Amendment 65 #
Motion for a resolution Recital C c (new) C c. Whereas at EU level the majority of single-parents households are single mothers who are particularly vulnerable economically, especially in the low wage categories, as well as more susceptible to leave the labour market early when becoming parents, thus disadvantaged when seeking to re-enter the labour market, and whereas in the EU, 40,3% of single parents households were at risk of poverty or social exclusion in 20191 1a ; _________________ 1a Eurostat. Statistics Explained: Children at risk of poverty or social exclusion (2020) https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Household_co mposition_statistics#More_and_more_ho useholds_consisting_of_adults_living_alo ne
Amendment 66 #
Motion for a resolution Recital C d (new) C d. Whereas 30% of women who have experienced sexual victimization by a former or current partner also experienced sexual violence in childhood, and whereas 73 % of mothers who have been victims of physical and/or sexual violence by a partner indicate that at least one of their children has become aware of such violence taking place 1a; _________________ 1aFRA ”Violence against women: An EU Wide Survey” (2014) https://fra.europa.eu/sites/default/files/fra -2014-vaw-survey-at-a-glance- oct14_en.pdf
Amendment 67 #
Motion for a resolution Recital C e (new) C e. Whereas the economic violence against women, in the form of, for example, property damage, restricting access to financial resources, education or the labour market, or not complying with economic responsibilities such as alimony, deserves as well due attention, as hampering the financial independence and the family wealth going hand in hand with the other forms of violence, and resulting in an additional trap for victims; this combined with the fact that economic and social stresses are exacerbating factors leading to an increase in violence, making it more difficult for women to leave abusive partners;
Amendment 68 #
Motion for a resolution Recital D Amendment 69 #
Motion for a resolution Recital D D. whereas the lockdown and social distancing measures during the COVID-19 pandemic have been associated with an exponential increase in the prevalence and intensity of intimate partner violence cases in many Member States, resulting from forced confinement within the home and making it difficult for women to access effective protection and support; whereas it revealed insufficient support resources and structures as well as limited access to support services for victims, whereas in spite of the prevalence of the phenomenon, intimate partner violence against women remains under-reported in
Amendment 7 #
Motion for a resolution Citation 5 c (new) — having regard to the 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,
Amendment 70 #
Motion for a resolution Recital D D. whereas the lockdown and social distancing measures during the COVID-19 pandemic have been associated with an exponential increase in the
Amendment 71 #
Motion for a resolution Recital D D. whereas the lockdown and social distancing measures during the COVID-19
Amendment 72 #
Motion for a resolution Recital D D. whereas the lockdown and social distancing measures during the COVID-19 pandemic have been associated with an exponential increase in the prevalence and intensity of intimate partner violence cases in many Member States, resulting from forced confinement within the home and making it difficult for women to access effective protection
Amendment 73 #
D. whereas the lockdown and social distancing measures during the COVID-19 pandemic have been associated with an exponential increase in the prevalence and intensity of intimate partner violence cases in many Member States, resulting from forced confinement within the home and making it difficult for women to access effective protection and support; whereas in spite of the prevalence of the phenomenon, intimate partner violence against women remains under-reported in the EU and there is a significant lack of comprehensive data in this regard;
Amendment 74 #
Motion for a resolution Recital D a (new) D a. whereas, globally, 35 % of women have experienced physical and/or sexual intimate partner violence, or sexual violence by a non-partner; whereas a dramatic rise in intimate partner violence has occurred during the COVID-19 pandemic in what the UN terms ‘the shadow pandemic’, with a 60 % increase in emergency calls from women subjected to violence by their intimate partner reported among World Health Organization Europe Member States;
Amendment 75 #
Motion for a resolution Recital D a (new) D a. Whereas some Member states have implemented specific measures to provide timely and accessible assistance to victims since the beginning of the Covid-19 crisis, including setting up emergency texting systems or creating contact points to seek help in pharmacies and supermarkets ; whereas best practices should be shared and exchanged to inspire other Member states across Europe;
Amendment 76 #
Motion for a resolution Recital D a (new) D a. Whereas domestic and gender- based violence has increased as a result of the lockdown measures put in place during the COVID-19 pandemic and according to the latest Europol Report1a child sexual abuse online in the EU has dramatically increased; _________________ 1a https://www.europol.europa.eu/publicatio ns-documents/exploiting-isolation- offenders-and-victims-of-online-child- sexual-abuse-during-covid-19-pandemic
Amendment 77 #
Motion for a resolution Recital D a (new) D a. whereas during the lockdowns, a significant rise in domestic violence against LGBTI people, especially young people, was reported;
Amendment 78 #
Motion for a resolution Recital D b (new) D b. whereas shelters and other initiatives providing safety for women and children in distress have experienced an increase in demand during lockdown and other pandemic-related measures, that has left many of them without adequate and timely protection;
Amendment 79 #
Motion for a resolution Recital D b (new) Amendment 8 #
Motion for a resolution Citation 5 d (new) — having regard to the 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 80 #
Motion for a resolution Recital D c (new) D c. whereas the 2014 FRA Survey on violence against women shows that victims had reported their most serious incidents of partner violence to the police in only 14 % of cases, which proves a vast ratio of underreporting;
Amendment 81 #
Motion for a resolution Recital D d (new) D d. whereas children of perpetrators of intimate partner violence are often the object of ill-treatment as a way to exercise power and violence against the mother, a phenomenon known as vicarious violence and a form of gender-based violence;
Amendment 82 #
Motion for a resolution Recital E E. whereas children
Amendment 83 #
Motion for a resolution Recital E E. whereas children may suffer ‘witnessed violence’ when they witness acts of violence in the family environment, through experiencing any form of ill- treatment, carried out through acts of physical, verbal, psychological, sexual and economic violence against reference figures or other affectively significant figures; whereas such violence has very serious consequences for the psychological and emotional development of the child, and whereas it is therefore
Amendment 84 #
Motion for a resolution Recital E E. whereas children may, directly or indirectly, suffer ‘witnessed violence’ in the family environment, through experiencing any form of ill-treatment, carried out through acts of physical, verbal, psychological, sexual and economic violence against reference figures or other affectively significant figures; whereas such violence has very serious consequences for the psychological and emotional development of the child, and whereas it is therefore essential to pay due attention to this type of violence in separations and parental custody arrangements, taking the best interests of the child into account, in particular in order to determine custody and visitation rights in separation cases;
Amendment 85 #
Motion for a resolution Recital E E. whereas children may also suffer ‘witnessed violence’ in the family environment, through experiencing any form of ill-treatment, carried out through acts of physical, verbal, psychological, sexual and economic violence against reference figures or other affectively significant figures; whereas such violence has very serious consequences for the psychological and emotional development of the child, and whereas it is therefore essential to pay due attention to this type of violence in separations and parental custody arrangements,
Amendment 86 #
Motion for a resolution Recital E E. whereas children may suffer ‘witnessed violence’ or direct violence in the
Amendment 87 #
Motion for a resolution Recital E E. whereas children
Amendment 88 #
Motion for a resolution Recital E a (new) E a. Whereas education plays a fundamental role in building children’s and young peoples’ skills to form healthy relationships, notably by addressing gender norms, gender equality, power dynamics in relationships, consent, respect for boundaries, and helps to combat gender-based violence; whereas according to the UNESCO International technical guidance on sexuality education, curriculum-based programmes on comprehensive sexuality education (CSE) enable children and young people to develop knowledge, attitudes and skills, including respect for human rights, gender equality, consent and diversity and it empowers children and young people;
Amendment 89 #
Motion for a resolution Recital E a (new) Ea. whereas, in the light of the COVID-19 pandemic, court officials in all countries have been advised to stay at home and hearings have, in many cases, been postponed; whereas staff reductions in the courts are likely to cause delays in issuing restraining orders, in separation and divorce proceedings and in child custody hearings, including separation and divorce hearings, which women victims of intimate partner violence rely on in order to make it easier for them to distance or estrange themselves from their violent partners;
Amendment 9 #
Motion for a resolution Citation 7 — having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) adopted on 18 December 1979, and General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19 of the Committee on the Elimination of Discrimination against Women,
Amendment 90 #
Motion for a resolution Recital E a (new) Amendment 91 #
Motion for a resolution Recital E a (new) E a. whereas the so called parental alienation syndrome (PAS) is used as an strategy against victims of gender-based violence; whereas two of the most prestigious institutions on mental health, namely the World Health Organisation and the American Association of Psychology, reject the use of PAS;
Amendment 92 #
Motion for a resolution Recital F F. whereas, in order to address the issue of the eradication of
Amendment 93 #
Motion for a resolution Recital F F. whereas, in order to address the issue of the eradication of gender-based violence, it is necessary to rely on consistent and comparable administrative data, based on a robust and coordinated framework of data collection; whereas the current available data collected by the Member States’ law enforcement and justice authorities fail to reflect the full extent of intimate partner violence, as most Member States neither collect gender- segregated comparable data on
Amendment 94 #
Motion for a resolution Recital F F. whereas, in order to address the issue of the eradication of gender-based violence, it is necessary to rely on consistent and comparable administrative data, based on a robust and coordinated framework of data collection; whereas the current available data collected by the Member States’ law enforcement and justice authorities fail to reflect the full extent of intimate partner violence
Amendment 95 #
Motion for a resolution Recital F F. whereas, in order to address the
Amendment 96 #
Motion for a resolution Recital F F. whereas, in order to address the issue of the eradication of
Amendment 97 #
Motion for a resolution Recital F F. whereas, in order to address the issue of the eradication of
Amendment 98 #
Motion for a resolution Recital F a (new) F a. whereas the acts of violence remain underreported by the victims, their families, friends, acquaintances and neighbours due to general belief that intimate partner violence is a private matter, which should not be publicised. Whereas the survey by the European Union Agency for Fundamental Rights (EUFRA) indicates that there is still systematic underreporting of incidences of domestic violence in the EU or of their perpetrators: two thirds of female victims do not report to the authorities, either out of fear or a lack of information about victim’s rights, leaving their rights unprotected, general belief that intimate partner violence is a private matter, which should not be publicised 1a; _________________ 1aEuropean Union Agency for Fundamental Rights, Violence against Women: an EU-wide Survey https://fra.europa.eu/sites/default/files/fra _uploads/fra-2014-vaw-survey-main- results-apr14_en.pdf
Amendment 99 #
Motion for a resolution Recital F a (new) Fa. whereas witnessed violence is not always easily recognisable, especially in the case of young children, and it is essential that operators who are called upon to decide on the right measures to protect and care for the children know how to interpret the situation and the actions of the mother, whilst being aware that the perpetrator and victim of violence are not equally responsible, in order not to make hasty diagnostic and prognostic judgements that do not take account of post-traumatic symptomatology, while facilitating an assessment in a protective and caring setting;
source: 689.629
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