2022/0066(COD) | [ParlTrack]

Proposal for a directive
Recital 55

(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. If needed, the visits should take place in the presence of child protection, child psychologist or welfare officials . Where it is necessary to provide for interim accommodation, children should as a priority be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child should be always taken into account.

Amendment 101 #

Proposal for a directive
Recital 56

(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, o~~r o~~lder women or LBTIQ women and other LGBTIQ people subject to gender-based violence, should receive specific protection and support.

Amendment 102 #

Proposal for a directive
Recital 56

(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial, religious or ethnic background, living in rural areas, women sex workers, detainees, or older women, should receive specific protection and support.

Amendment 103 #

Proposal for a directive
Recital 58

(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence~~. Prevention should also take place~~ , to set up programmes of national interest, to promote equal opportunities and to prevent and combat gender-based violence, to implement programmes to prevent and combat sexual violence, including cyberviolence, to establish psychological counselling centres for aggressors and to ensure their monitoring by specialised structures by means of electronic bracelets. Prevention should also take place in schools, through programmes to combat violence and bullying and in formal education, in particular, through strengthening sexuality education and socio-emotional competencies, empathy and developing healthy and respectful relationships.

Amendment 104 #

Proposal for a directive
Recital 58

(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Prevention should also take place in formal education, through an adequate, training for teachers, as well as through multi-annual initiatives and activities aimed at actively involving students, in particular, through strengthening gender equality, sexuality education and socio- emotional competencies, empathy and developing healthy and respectful relationships.

Amendment 105 #

Proposal for a directive
Recital 58 a (new)

(58 a) Member States should meaningfully include impacted persons, communities and groups at heightened risk of gender based violence and their representatives in the development, implementation and evaluation of relevant policies, including preventive measures, education and research activities. Meaningful involvement at all levels of at-risk groups and communities and partnership with community-based organisations is a prerequisite of effective preventive and awareness raising measures and strategies.

Amendment 106 #

Proposal for a directive
Recital 59

(59) Member States should take measures to prevent the cultivation of harmful ~~gender~~ stereotypes to eradicate the idea of the inferiority of women or stereotyped roles of women and men. This could also include measures aimed at ensuring that culture, custom, religion, tradition or honour is not perceived as a justification for, or a more lenient treatment of, offences of violence against women or domestic violence. Considering that from a very young age onwards, children are exposed to gender roles that shape their self-perception and influence their academic and professional choices as well as expectations of their roles as women and men throughout their life, it is crucial to address gender stereotypes as of early-childhood education and care.

Amendment 107 #

Proposal for a directive
Recital 60

(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims ~~receive~~of violence, child abuse and, in general, all forms of violence and its mechanisms, including manipulation, psychological violence and coercive control, receive mandatory specific and continuous training and targeted information. Trainings should cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims, and should therefore be intended for the judiciary, law enforcement officers, specialised legal practitioners, forensic medical personnel, healthcare professionals, including gynaecologists and obstetricians, social workers, teachers and child carers, as well as public servants working in these fields. The training should be conducted by primarily focusing on the needs and concerns of victims as a priority. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions should also receive training. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).

Amendment 108 #

Proposal for a directive
Recital 60

(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that professionals and volunteer workers likely to come into contact with victims receive training and targeted information. Trainings should cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. To prevent and appropriately address instances of sexual harassment at work, ~~persons with supervisory functions should also receive~~relevant due diligence measures should be incorporated in company policies at all levels. In particular persons in management functions and those with supervisory functions should receive training. Specialised support services and civil society organisations working on women’s rights and violence against women, should be involved in the development of the relevant policies and trainings. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).

Amendment 109 #

Proposal for a directive
Recital 60

(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive training and targeted information, in particular for judges, lawyers, law enforcement, social and medical workers, including psychologists. Trainings should cover ~~the risk~~, among other things, interdisciplinary meetings modules, evaluation of risk factors and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions should also receive training. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).

Amendment 110 #

Proposal for a directive
Recital 60 a (new)

(60 a) In order to prevent secondary victimisation, Member States should provide law enforcement officers and judicial staff working on criminal as well as civil proceedings with initial and continued training on preventing and responding to gender based violence. Such training should be development and organised in cooperation with specialised services and civil society organisations.

Amendment 111 #

Proposal for a directive
Recital 61

(61) In order to counteract women’s reticence on reporting and, consequently, the problem of underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes, as well as provide for adequate places, within law enforcement and helplines for the proper reception of testimonies of women reporting offences of violence, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.

Amendment 112 #

Proposal for a directive
Recital 61

Amendment 113 #

Proposal for a directive
Recital 62

(62) Intervention programmes should be set up to prevent and minimise the risk of (repeated) offences of violence against women or domestic violence. The programmes should specifically aim at teaching offenders or those at risk of offending, especially where minors are affected, how to adopt non-violent behaviour in interpersonal relationships, which is respectful of every person, and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women.

Amendment 114 #

Proposal for a directive
Recital 63

Amendment 115 #

Proposal for a directive
Recital 65

(65) 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 for data collection. Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestic violence and design new policy strategies in this field. When sharing the data collected, no personal data should be included.

Amendment 116 #

Proposal for a directive
Recital 65

(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women, including socially and economically vulnerable groups and disabled women as well as minors, and domestic violence and design new policy strategies in this field. When sharing the data collected, no personal data should be included.

Amendment 117 #

Proposal for a directive
Article 1 – paragraph 1 – introductory part

This Directive lays down rules to prevent and combat violence against women and domestic violence, including cyberviolence. It establishes minimum rules concerning:

Amendment 118 #

Proposal for a directive
Article 1 – paragraph 1 – point b

(b) the rights of victims of all forms of violence against women, orf domestic violence ~~befor~~or of cyberviolence, during or after criminal proceedings;

Amendment 119 #

Proposal for a directive
Article 2 – paragraph 1

1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex or gender and other grounds so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5) and Article 37(7).

Amendment 120 #

Proposal for a directive
Article 2 – paragraph 1

Amendment 121 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

1a. Member States shall ensure that, when implementing this Directive, special consideration is given to persons, the vast majority of whom are women, who are at increased risk of violence because of their precarious economic, social or administrative situation; their isolation, rurality or place of residence; their situation of detention or homelessness; their gender identity; the fact that they use or are under the influence of drugs, alcohol or other substances that impair their judgement; the fact that they are victims of prostitution, pimping and trafficking in human beings; the fact that their residence status or their residence permit depends on that of another person.

Amendment 122 #

Proposal for a directive
Article 2 – paragraph 2

2. Member States shall ensure that, in the application of this Directive, particular attention is paid to the risk of intimidation, retaliation, secondary and repeat victimisation and to the need to protect the dignity ~~and phys~~, physical integrity and psychological integrity of victims.

Amendment 123 #

Proposal for a directive
Article 3 – paragraph 1 a (new)

This Directive shall apply to the implementation of national civil law, in particular as regards the rules on parental responsibility, parental authority and its organisation in cases of domestic violence, while ensuring the safety of the victim and the children.

Amendment 124 #

Proposal for a directive
Article 3 – paragraph 1 b (new)

This Directive shall apply to the implementation of national labour law, in the public and private sectors, in particular as regards the prevention, handling and punishment of offenders of gender-based and sexual violence at work.

Amendment 125 #

Proposal for a directive
Article 4 – paragraph 1 – point b a (new)

(ba) “gender” shall mean the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for men and women;

Amendment 126 #

Proposal for a directive
Article 4 – paragraph 1 – point c

(c) “victim” means any person~~, regardless of sex or gender, unless specified otherwise,~~ who has suffered harm, which was directly caused by acts of violence covered under this Directive, including child witnesses of such violence;

Amendment 127 #

Proposal for a directive
Article 4 – paragraph 1 – point c

(c) “victim” means any person, regardless of sex or, gender, or age, unless specified otherwise, who has suffered harm, which was directly caused by acts of violence covered under this Directive, including child witnesses of such violence;

Amendment 128 #

Proposal for a directive
Article 4 – paragraph 1 – point g

(g) “"sexual harassment at work”" means any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising in matters of employment, occupation and self-employment, or in the course of, linked with, or in matters of analogous relations with employers, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;

Amendment 129 #

Proposal for a directive
Article 4 – paragraph 1 – point h

(h) “child” means any person below the age of 18 years. When there are doubts about the age of the victim, irrespective of what is stated on seemingly official documents, and there are reasons to believe that the victim is below the age of 18 years of age, the victim shall be presumed to be a child pending age verification;

Amendment 130 #

Proposal for a directive
Article 4 – paragraph 1 – point j

(j) “dependant” means a child of the victim or any person, other than the offender or suspect, living in the same household as the victim on a part-time or fulltime basis, for whom the victim is providing care and support.

Amendment 131 #

Proposal for a directive
Article 4 – paragraph 1 – point j a (new)

(ja) ''Parental responsibility'' means all the rights and duties that parents or guardians have in respect of their minor children or children under their guardianship respectively, in accordance with international and national legislation.

Amendment 132 #

Proposal for a directive
Article 4 – paragraph 1 – point j a (new)

(ja) "witnessed violence" means the experience by a child of one of the forms of abuse through acts of violence referred to in points (a) and (b) against reference figures or other figures of significance in the household;

Amendment 133 #

Proposal for a directive
Article 4 – paragraph 1 – point j b (new)

(jb) “prevention” means all actions, attitudes that tend, on the one hand, to eliminate inequalities between women and men, to exclude customs and traditions steeped in sexism, to deconstruct prejudices and sexist stereotypes, to avoid gender-based violence, including sexual and marital violence, by reducing identified factors and risks, particularly for those most discriminated against or vulnerable, and to promote, maintain and improve gender equality, awareness of sexist stereotypes and encouraging changes in mentality and behaviour through education, awareness raising and information. Prevention cannot be carried out only in a reactive manner and must be both anticipated and continuous.

Amendment 134 #

Proposal for a directive
Article 5 – paragraph 2

2. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’s consent given voluntarily or, an act committed using coercion or an act where the woman is unable to form a free will due to her physical or mental condition, thereby exploiting her incapacity to form a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability or inability to defend herself.

Amendment 135 #

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) initiating an attack ~~with third parties~~ directed at another person, by making threatening or insulting material accessible to a multitude of end-users, by means of information and communication technologies, with the effect of causing significant psychological harm to the attacked person;

Amendment 136 #

Proposal for a directive
Article 12 – paragraph 2

2. Member States shall ensure that the criminal offence referred to in Article 5 is punishable by a maximum penalty of at least 8 years of imprisonment ~~and at least 10 years of imprisonment i~~. If the offence was committed under aggravating circumstances referred to in Article 13, these shall be taken into account when determining the penalty.

Amendment 137 #

Proposal for a directive
Article 12 – paragraph 4

4. Member States shall ensure that the criminal offence referred to in Article 6 is punishable by a maximum penalty of at least 5 years of imprisonment ~~and at least 7 years of imprisonment i~~. If the offence was committed under aggravating circumstances referred to in Article 13, these shall be taken into account when determining the penalty.

Amendment 138 #

Proposal for a directive
Article 13 – paragraph 1 – point b

(b) the offence was committed against a person made vulnerable by particular circumstances, such as pregnancy, a situation of dependence or a state of physical, mental, intellectual or sensory disability, or living in institutions;

Amendment 139 #

Proposal for a directive
Article 13 – paragraph 1 – point i

(i) the offence resulted in the death or suicide of the victim, bodily injury of the victim or severe physical or psychological harm ~~for~~to the victim;

Amendment 140 #

Proposal for a directive
Article 13 – paragraph 1 – point l a (new)

(Ia) the offence was committed against a victim who was under the care, protection or guard of the offender or was being taught or treated by them;

Amendment 141 #

Proposal for a directive
Article 13 – paragraph 1 – point m

(m) the offence was committed by abusing a recognised position of trust, authority or influence, for instance that of a legal guardian;

Amendment 142 #

Proposal for a directive
Article 15 – paragraph 2

~~2. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Article 5 of at least 20 years from the time when the offence was commit~~deleted.

Amendment 143 #

Proposal for a directive
Article 15 – paragraph 3

~~3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Article 6 of at least 10 years from the time when the offence was commit~~deleted.

Amendment 144 #

Proposal for a directive
Article 15 – paragraph 4

4. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 7 and 9 of at least 5 years after the criminal offence has ceased or the victim has become aware of it.deleted

Amendment 145 #

Alessandra BASSO, Gunnar BECK

Proposal for a directive
Article 15 – paragraph 5

5. Member States shall take the necessary measures to provide for a limitation period for the criminal offences referred to in Articles 8 and 10, of at least 7 years after the criminal offence has ceased or the victim has become aware of it.deleted

Amendment 146 #

Proposal for a directive
Article 15 – paragraph 6

~~6. If the victim is a child, the limitation period shall commence at the earliest once the victim has reached 18 years of age.~~deleted

Amendment 147 #

Proposal for a directive
Article 16 – paragraph 1

1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting criminal offences via a free telephone helpline as well as online or through other information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence. The persons working on helplines and handling reports received through other channels, shall be trained to be responsive with regards to gender, age, disability and other relevant intersecting issues.

Amendment 148 #

Proposal for a directive
Article 16 – paragraph 1

1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting criminal offences online or through other information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence. They shall take the necessary measures to ensure an appropriate reception for victims and provide each competent authority with contact persons on violence, including at least one woman.

Amendment 149 #

Proposal for a directive
Article 16 – paragraph 1

1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims, including those with disabilities and living in institutions, can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting criminal offences online or through other information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence. This may also include the possibility of reporting criminal offences in hospitals or relevant associations.

Amendment 150 #

Proposal for a directive
Article 16 – paragraph 1

1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner, in separate, reserved places that allow women to feel comfortable. This shall include also the possibility of reporting criminal offences online or through other accessible information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.

Amendment 151 #

Proposal for a directive
Article 16 – paragraph 1

1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims can report criminal offences of violence against women, orf domestic violence or of cyberviolence to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting criminal offences online or through other information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.

Amendment 152 #

Proposal for a directive
Article 16 – paragraph 2

2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that offences of violence against women or domestic violence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities. Member States shall ensure that a gender- and child- responsive risk assessment and risk management is conducted, and that tailored safety, protection and support measures are immediately adopted upon receiving such a report.

Amendment 153 #

Proposal for a directive
Article 16 – paragraph 2

2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that offences of violence against women, orf domestic violence or of cyberviolence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities.

Amendment 154 #

Proposal for a directive
Article 16 – paragraph 2

Amendment 155 #

Proposal for a directive
Article 16 – paragraph 3

3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that a serious act of violence covered under this Directive has been committed or further serious acts of violence are to be expected. When competent authorities receive such a report, they shall ensure that the victim’s privacy is safeguarded and that they are protected against possible retaliation.

Amendment 156 #

Proposal for a directive
Article 16 – paragraph 3

Amendment 157 #

Proposal for a directive
Article 16 – paragraph 4

4. Member States shall take the necessary measures to encourage and simplify the possibility for minors to report to the competent authorities. Where children report criminal offences of violence against women or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. Such reporting procedures must be conducted by trained professionals, such as doctors or psychologists, including professionals qualified in child neuropsychiatry, in order to take into account of the harmonious development of the child and to avoid deepening their trauma and victimisation. If the offence involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.

Amendment 158 #

Proposal for a directive
Article 16 – paragraph 4

4. Where children report criminal offences of violence against women, orf domestic violence or of cyberviolence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. If the offence involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.

Amendment 159 #

4a. When disabled women report criminal offences of violence, including those living in institutions, Member States shall ensure that the reporting procedures are safe, confidential, accessible, including through the use of Braille and sign language. If the offence involves the legal guardian, Member States shall ensure reporting is not conditional upon this person’s consent.

Amendment 160 #

Proposal for a directive
Article 16 – paragraph 5

5. Member States shall ensure that the competent authorities coming in contact with a victim reporting offences of violence against women, orf domestic violence or of cyberviolence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment referred to in Article 18.

Amendment 161 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient resources, expertise and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.

Amendment 162 #

Proposal for a directive
Article 17 – paragraph 4

Amendment 163 #

Proposal for a directive
Article 17 – paragraph 5

5. Investigations into or prosecution of offences referred to in Article 5 shall not be dependent on reporting or accusation by a victim or by their representative, and, in cases where a report or accusation has been made, criminal proceedings shall continue even if the report or accusation has been withdrawn.

Amendment 164 #

Proposal for a directive
Article 18 – paragraph 2

2. This individual assessment shall be initiated upon the first contact of the victim with the competent authorities also in order to ensure the safety and protection of victims. The competent judicial authorities shall verify at the latest at the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall remedy the situation by undertaking an assessment as soon as possible.

Amendment 165 #

Proposal for a directive
Article 18 – paragraph 3

3. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, the risk of bodily harm, the use of weapons, the offender or suspect living with the victim, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues or behaviour of stalking. Where relevant, the assessment shall also cover the need to suspend or terminate parental responsibility with rights to access of the offender or suspect in the best interest of a child, including with regards to prior or future civil rights proceedings, in accordance with article 26a.

Amendment 166 #

Proposal for a directive
Article 18 – paragraph 3

3. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, the ~~risk of bodily harm, the use of weapons, the offender or suspect living with the victim~~likelihood of the victim returning to the offender or suspect, the degree of control exercised by the offender or suspect on the victim and its potential effect on the evidence, the risk of bodily harm, the use of weapons, the offender or suspect living with the victim, the involvement of children, the economic dependence of the victim on the offender or suspect, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues or behaviour of stalking.

Amendment 167 #

Proposal for a directive
Article 18 – paragraph 4

4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex, age and disability and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.

Amendment 168 #

Proposal for a directive
Article 18 – paragraph 6

6. The individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as victim protection centres and women’s and children’s specialised services, shelters, social services and healthcare professionals. Psychophysical support must be provided to the victim, particularly during and after questioning procedures, taking into account the emotional tensions associated with the circumstances, and designed to prevent risk factors which could lead to further violent offences.

Amendment 169 #

Proposal for a directive
Article 18 – paragraph 6

Amendment 170 #

Proposal for a directive
Article 20 – paragraph 3

3. Where needed in the best interest of the child , they shall be able to refer child victims, including witnesses, to support services without the prior consent of the holder of parental responsibility.

Amendment 171 #

3. Where needed, they shall be able to refer child victims, including witnesses, to adequate support services without the prior consent of the holder of parental responsibility.

Amendment 172 #

Proposal for a directive
Article 21 – paragraph 1 a (new)

1a. Member States shall take measures to introduce the use of electronic monitoring to ensure the enforcement of such orders.

Amendment 173 #

Proposal for a directive
Article 21 – paragraph 1 b (new)

1b. . In order to ensure the safety and protection of children, Member States shall take measures to ensure that the competent authorities take the necessary steps to limit the parental responsibility of the actual or presumed offender.

Amendment 174 #

Proposal for a directive
Article 21 – paragraph 1 c (new)

1c. In situations of domestic violence by a spouse or ex-spouse, or by a partner or ex-partner or situations of violence against children, the competent authorities shall ensure that priority is given to the removal and safety of women with their children and shall facilitate it.

Amendment 175 #

Proposal for a directive
Article 21 – paragraph 2

2. Member States shall ensure that the competent authorities can issue restraining or protection orders to provide genuine and effective long-term protection for victims or their dependants against any acts of violence covered by this Directive, including by prohibiting or restraining certain dangerous behaviour of the offender or suspect.

Amendment 176 #

Proposal for a directive
Article 21 – paragraph 3 a (new)

3a. When a child is a victim or is in danger of becoming a victim of violence, whether directly or as a witness, of an offender or suspect who is a holder of parental responsibility with rights of access, Member States shall ensure that such access rights are immediately suspended or terminated respectively.

Amendment 177 #

Proposal for a directive
Article 22 – paragraph 1

Without prejudice to the rights of defence, Member States shall ensure thate protection, in criminal investigations and court proceedings, of the victim's right to privacy and, in particular, to personal integrity, with any questions, enquiries and evidence concerning past sexual conduct of the victim or other aspects of the victim’s private life related thereto ~~are not~~not being permitted.

Amendment 178 #

Proposal for a directive
Article 23 – paragraph 1 – introductory part

Member States shall issue guidelines for the competent authorities acting in criminal and relevant civil proceedings including civil liability, divorce, termination of a legal partnership or custody proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence. Those guidelines shall be developed in close cooperation with specialised services and civil society organisations working on women’s and children’s rights and shall include guidance on:

Amendment 179 #

Proposal for a directive
Article 23 – paragraph 1 – introductory part

Member States shall issue guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence, including child witnesses of such violence. Those guidelines shall include guidance on:

Amendment 180 #

Proposal for a directive
Article 23 – paragraph 1 – point c

(c) how to treat victims in a trauma-, gender-, disability- and child-sensitive manner, always ensuring the child's right to be heard and its best interest;

Amendment 181 #

Proposal for a directive
Article 23 – paragraph 1 – point c a (new)

(ca) how to adopt the best measures for a child who witnessed violence;

Amendment 182 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point a

(a) provide free and independent assistance and advice to victims of violence against women and domestic violence;

Amendment 183 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point b

(b) publish independent reports and make recommendations on any issue relating to such forms of violence, including identifying existing best practices;

Amendment 184 #

Proposal for a directive
Article 26 – paragraph 1

1. Member States shall ensure that victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence, including child witnesses of such violence.

Amendment 185 #

Proposal for a directive
Article 26 – paragraph 2

2. Member States shall ensure that victims are able to obtain a decision on compensation in the course of criminal proceedings. This shall be without prejudice to the right of any person, in particular if they were not a civil party in the criminal proceedings, to claim compensation for damages from an offender in civil proceedings, in accordance with national legislation.

Amendment 186 #

Proposal for a directive
Article 26 – paragraph 2

2. Member States shall ensure that victims, regardless of their age, are able to obtain a decision on compensation in the course of criminal proceedings.

Amendment 187 #

Proposal for a directive
Article 26 – paragraph 5 – subparagraph 5

~~The limitation period shall be interrupted or suspended for the duration of pending legal proceedings concerning the offence.~~deleted

Amendment 188 #

Proposal for a directive
Article 26 a (new)

Article 26 a Implications of gender based violence in civil law proceedings 1. Whenever a person has been found guilty of criminal conduct which amounts to violence against women or domestic violence as criminalised under Union or national law, this shall be considered as irrefutable proof in relevant civil proceedings, including civil liability, divorce, termination of a legal partnership or custody proceedings. 2. Member States shall ensure that incidents of gender based violence lead to an automatic revision of prior decisions with regards to parental responsibility, custody and access rights, and are taken into account in any future proceedings. 3. When a child is a victim of violence or is at risk of becoming a victim, whether direct or as a witness, of an offender or suspect who is a holder of parental responsibility with rights of access, Member States shall ensure that such access rights are immediately suspended or terminated respectively. In other cases where the child is not a victim or at risk of becoming a victim, Member States shall always assess if it is in the best interest of the child to uphold the rights to access of a suspect or an offender prior to each visit.

Amendment 189 #

Proposal for a directive
Article 26 a (new)

Article 26 a Legal Aid Member States shall take the necessary measures to ensure effective access to justice and to legal information, as soon as a complaint is lodged and throughout all relevant criminal and civil proceedings, for all victims, including foreign citizens without a residence permit. Member States shall ensure that when a complaint is lodged or proceedings are initiated in their jurisdiction, legal aid and support measures are provided regardless of the place of residence of victims. The amount of aid granted for the defence of the victim shall not be less than the amount granted for the defence of the offender or suspect.

Amendment 190 #

Proposal for a directive
Article 27 – paragraph 1 – introductory part

1. Member States shall ensure that free specialist support services referred to in Article 9(3) of Directive 2012/29/EU are available for victims of acts of violence covered by this Directive. The specialist support services shall provide:

Amendment 191 #

Proposal for a directive
Article 27 – paragraph 1 – point a

(a) advice and information on any relevant legal or practical matters arising as a result of the crime, including on access to appropriate and accessible housing, education, training and assistance to remain in or find employment;

Amendment 192 #

Proposal for a directive
Article 27 – paragraph 1 – point b

(b) referrals to medical and psychological expertise, and medical forensic examinations;

Amendment 193 #

Proposal for a directive
Article 27 – paragraph 1 – point b a (new)

(ba) the additional specific support needed when a child witnessed the violence;

Amendment 194 #

Proposal for a directive
Article 27 – paragraph 2

Amendment 195 #

Proposal for a directive
Article 27 – paragraph 3

3. Member States shall ensure sufficient human and financial resources to provide the services referred to in paragraph 1, especially those referred to in point (b) and (c) of that paragraph, including where such services are provided by non- governmental organisations.

Amendment 196 #

Proposal for a directive
Article 27 – paragraph 4

4. Member States shall provide the protection and specialist support services necessary to comprehensively address the multiple needs of victims at the same premises, or have such services coordinated through a central contact point, or through one-stop online access to such services. Such combined offering of services shall include at least first hand medical care and social services, psychosocial support, legal, and police services, and be available and accessible to victims with disabilities.

Amendment 197 #

Proposal for a directive
Article 27 – paragraph 5

5. Member States shall issue guidelines and protocols for healthcare and social service professionals and volunteers, on identifying and providing appropriate support to victims of all forms of ~~violence against women and domestic~~gender based violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds of discrimination. Affected persons and communities should be meaningfully included in developing such guidelines and protocols, directly or through their representatives and representative organisations.

Amendment 198 #

Proposal for a directive
Article 27 – paragraph 5

5. Member States shall issue guidelines and protocols for healthcare and social service professionals, drawn from a set of data and best practices at EU level, on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds of discrimination.

Amendment 199 #

Proposal for a directive
Article 27 – paragraph 7

7. Member States shall ensure that specialist support services are available to victims before, during and ~~for an appropriate time after criminal proceedings~~as long as needed after the violence occurred, criminal proceedings as well as relevant civil proceedings. Such assistance and support shall be provided free of charge and with the possibility for national authorities to recover the costs from the offender.

Amendment 200 #

Proposal for a directive
Article 28 – paragraph 1

1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence. These centres shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner, through specialized childcare professionals and taking into account the best interest of the child with regards to custody and visiting rights.

Amendment 201 #

Proposal for a directive
Article 28 – paragraph 1

1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence. These centres should have adequate human and financial resources and shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.

Amendment 202 #

Proposal for a directive
Article 28 – paragraph 4

4. Article 27(3), (6) and (67) shall apply to the provision of support for victims of sexual violence.

Amendment 203 #

Proposal for a directive
Article 29 – paragraph 2

2. Article 27(3), (6) and (67) and Article 28(2) shall be applicable to the provision of support for victims of female genital mutilation.

Amendment 204 #

Proposal for a directive
Article 30 – paragraph 1

Member States shall ensure external independent counselling services are available for victims and employers in cases of sexual harassment at work. These services shall include advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes.

Amendment 205 #

Proposal for a directive
Article 31 – paragraph 1

1. Member States shall ~~set up state- wide round-the-clock (24/7) tele~~ensure, and provide all resources for the establishment at national level of specialised, phone helplines, f~~ree of charge, to provide advice for victims of violence against women and domestic violence~~or women victims of violence, or shall support the development of existing national helplines in those Member States where they exist, to provide counselling, support, advice and information to victims of violence against women and domestic violence. The helplines shall be round-the-clock (24/7), free of charge and staffed with a sufficient number of counsellors. The counselling, advice and information shall cover all forms of violence against women, including domestic violence, which disproportionately affect women. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications.

Amendment 206 #

Proposal for a directive
Article 31 – paragraph 1

1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advice for victims of violence against women and domestic violence. Such helplines should be able to direct the victim to the necessary medical, legal, and security services. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications.

Amendment 207 #

Proposal for a directive
Article 31 – paragraph 1

1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advice for victims of violence against women and domestic violence. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications. Such helplines and services shall be run by or with the support of specialised services.

Amendment 208 #

Proposal for a directive
Article 31 – paragraph 1

1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advice for victims of violence against women and domestic violence, including child witnesses of such violence. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications.

Amendment 209 #

Proposal for a directive
Article 31 – paragraph 2

2. Member States shall ensure that the persons working on helplines and other channels are trained to be responsive, taking into account an intersectional approach. Member States shall take appropriate measures to ensure the accessibility of services referred to in paragraph 1 for end-users with disabilities, including providing support in easy to understand language. Those services shall be accessible in line with the accessibility requirements for electronic communications services set in Annex I to Directive 2019/882/EU of the European Parliament and of the Council52 . _________________ 52 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services, OJ L 151, 7.6.2019, p. 70–115.

Amendment 210 #

Proposal for a directive
Article 31 – paragraph 2

2. Member States shall take appropriate measures to ensure the accessibility of services referred to in paragraph 1 for end-users with disabilities and to women who do not speak the national language, including providing support in easy to understand language and interpretation. Those services shall be accessible in line with the accessibility requirements for electronic communications services set in Annex I to Directive 2019/882/EU of the European Parliament and of the Council52 . _________________ 52 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services, OJ L 151, 7.6.2019, p. 70–115.

Amendment 211 #

Proposal for a directive
Article 31 – paragraph 2

2. Member States shall take appropriate measures to ensure the accessibility of services referred to in paragraph 1 for children and end-users with disabilities, including providing support in easy to understand language. Those services shall be accessible in line with the accessibility requirements for electronic communications services set in Annex I to Directive 2019/882/EU of the European Parliament and of the Council52 . _________________ 52 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services, OJ L 151, 7.6.2019, p. 70–115.

Amendment 212 #

Proposal for a directive
Article 31 – paragraph 3 a (new)

3 a. Member States shall ensure permanent financial support for existing national hotlines, helplines without putting them in competition with each other because of their general interest mission, and without the European number replacing existing numbers. A European number can be set up in Member States where national helplines do not exist. It should be clearly differentiated from other existing numbers for other victims of crime or for general support services.

Amendment 213 #

Proposal for a directive
Article 31 – paragraph 3 b (new)

3b. Member States shall provide for the possibility to keep existing national numbers, to organize the transfer of calls from other European countries to existing numbers, or to assign directly, without a call for tenders, the harmonized European number to organizations already in charge of telephone helplines at the national level in order to ensure good continuity of service.

Amendment 214 #

Proposal for a directive
Article 31 – paragraph 4

4. [Member States shall ensure that the service under paragraph 1 for victims of violence against women is operated under the harmonised number at EU level “116 016” and that the end-users are adequately informed of the existence and use of such number.]deleted

Amendment 215 #

Proposal for a directive
Article 32 – paragraph 1

1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living. Shelters and other interim accomodations shall be adapted to allow for children to stay with the holder of parental responsibilities who is not an offender nor suspect of violence.

Amendment 216 #

Proposal for a directive
Article 32 – paragraph 1

1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence. . Victims shall have priority access to specialised shelters for women victims of violence and/or single sex shelters, staffed by trained professionals. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living and emancipation.

Amendment 217 #

Proposal for a directive
Article 32 – paragraph 1

1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living. Shelters should be able to direct victims to all necessary services, such as medical or legal assistance.

Amendment 218 #

Proposal for a directive
Article 32 – paragraph 1

1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence, including disabled women and child witnesses of such violence. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.

Amendment 219 #

Proposal for a directive
Article 32 – paragraph 1 a (new)

1a. The shelters and other appropriate interim accommodations shall be accessible and equipped to accommodate the specific needs of victims with disabilities.

Amendment 220 #

Proposal for a directive
Article 32 – paragraph 3

3. The shelters and other appropriate interim accommodations shall be available to victims and their dependants regardless of their nationality, citizenship, place of residence or residence status.

Amendment 221 #

Proposal for a directive
Article 32 – paragraph 4 a (new)

4a. Member States shall provide for an evaluation of the implementation of the above provisions by an independent body, including representatives of civil society, with particular attention to the human and financial resources allocated by public operators

Amendment 222 #

Proposal for a directive
Article 33 – paragraph 1

1. Member States shall ensure that children are provided specific adequate support as soon as the competent authorities have reasonable grounds to believe that the children might have been subject to~~, including having witnessed,~~ violence against women or domestic violence, including by having witnessed such violence. Support to children shall be specialised and age- appropriate, respecting the best interests of the child, and taking into account any relevant other specific needs including with regards to langage skills, disability and other relevant intersecting issues.

Amendment 223 #

Proposal for a directive
Article 33 – paragraph 1

Amendment 224 #

Proposal for a directive
Article 33 – paragraph 2

2. Child victims shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored to their specific and individual needs and in particular to situations of domestic violence.

Amendment 225 #

Proposal for a directive
Article 33 – paragraph 2

2. Child victims, including victims of witnessed violence, shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of domestic violence.

Amendment 226 #

Proposal for a directive
Article 33 – paragraph 3

3. Where it is necessary to provide for interim accommodation, children shall as a priority be placed together with ~~other family members, in particular with a non- violent parent in permanent or temporary housing, equipped with support service~~non-violent parent or guardian, or in their absence, with a close relative, in permanent or temporary housing, equipped with support services. Children shall be heard and allowed to express their views on such placement in accordance with their age, maturity and language skills. Placement in shelters shall be a last resort.

Amendment 227 #

Proposal for a directive
Article 33 – paragraph 3

3. Where it is necessary to provide for interim accommodation, children who were previously and carefully heard and whose will shall be taken into account, shall as a priority be placed together with other family members, in particular with a non- violent parent in permanent or temporary housing, equipped with support services. Placement in shelters shall be a last resort.

Amendment 228 #

Proposal for a directive
Article 33 – paragraph 3

3. Child victims should be given priority for safety with the non-offending parent. Where it is necessary to provide for interim accommodation, children shall as a priority be placed together with other family members, in particular with a non- violent parent in permanent or temporary housing, equipped with support services. Placement in shelters shall be a last resort.

Amendment 229 #

Proposal for a directive
Article 33 – paragraph 3 a (new)

3 a. Member States should ensure that the best interests of the child are always the primary consideration in all decisions concerning children, in particular in order to determine custody and visitation rights in separation cases concerning violence.

Amendment 230 #

Proposal for a directive
Article 33 a (new)

Article 33 a Safeguards for the best interests of the child 1. Member States shall take the necessary legislative or other measures to ensure that the consequences for children of violence against women and domestic violence are taken into account: (a) in the limitation of the rights to exercise parental responsibility of the actual or alleged offender of violence against women or domestic violence; b) in determining custody and access rights in respect of children; 2. Member States shall take measures to ensure that the views of the child are given due weight in relation to such custody or access rights. 3. Member States shall take measures to ensure that decisions on parental responsibility can be made in emergency procedures, such as restraining orders or protection orders, and in situations of convicted or alleged violence based on a body of evidence.

Amendment 231 #

Proposal for a directive
Article 34 – paragraph 1

Without prejudice to article 26a and only in case of a positive assessment with regards to the best interest of the child concerned, Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against women or domestic violence, to the extent that the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child.

Amendment 232 #

Proposal for a directive
Article 34 – paragraph 1

Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against women or domestic violence, to the extent that the latter has rights of access, this right of access may be curtailed or adapted in the best interests of the child. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child.

Amendment 233 #

Proposal for a directive
Article 34 – paragraph 1

Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against women or domestic violence, to the extent that the latter has rights of access in the presence of also child protection or child psycologist. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child.

Amendment 234 #

Proposal for a directive
Article 35 – paragraph 1

1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, o~~r o~~lder women, or LBTIQ women and other LGBTIQ persons subject to gender-based violence .

Amendment 235 #

Proposal for a directive
Article 35 – paragraph 1

1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, o~~r o~~lder women or LBTIQ women and other LGBTIQ people subject to gender-based violence.

Amendment 236 #

Proposal for a directive
Article 36 – paragraph 1

1. Member States shall take appropriate actions to prevent violence against women and domestic violence. Prevention policies and measures shall cover primary, secondary and tertiary action. Primary prevention shall focus on reducing vulnerability before violence occurs, secondary prevention shall focus on identifying violence and intervening to disrupt it as early as possible and tertiary prevention shall cover long-term intervention to reduce the negative impact of violence and prevent reoffending.

Amendment 237 #

Proposal for a directive
Article 36 – paragraph 1

1. Member States shall take appropriate actions to prevent violence against women and domestic violence, adopting a holistic approach with three levels of primary, secondary and tertiary prevention. The Member States coordinate, finance and evaluate the three approaches, in cooperation with the specialised services of women's associations and other civil society organisations .

Amendment 238 #

Proposal for a directive
Article 36 – paragraph 2

2. Preventive measures shall include long-term awareness-raising campaigns~~, research and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakehold~~ to deconstruct gender stereotypes, behaviours that fully respect the equality of rights and dignity between women and men, research into the risk factors favouring violence against women, including domestic violence, and protection mechanisms and programme evaluation.and education programmes, They include in particular programmes of emotional and sexual education with respect for the other, with a gender equality approach, from the youngest age, and adapted to the age throughout the schooling. These measures shall be developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders. These prevention measures should be evidence-based, apply a human rights and life-span approach, be based on gender equality and be implemented by trained prevention workers.

Amendment 239 #

Proposal for a directive
Article 36 – paragraph 2

2. Preventive measures shall include training for teachers, awareness-raising campaigns for and together with youth, research and education programmes, in the framework of multi-annual programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders, in particular youth associations, as well as associations and organizations for the promotion of children’s rights.

Amendment 240 #

Proposal for a directive
Article 36 – paragraph 2

2. Preventive measures shall include awareness-raising campaigns, research and education programmes~~, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and o~~. Member States shall ensure meaningful involvement of and cooperation with all stakeholders, including relevant civil society organisations, social partners, as well as impacted persons, groups and communities, directly or through their ~~stakeholder~~representatives and representative organisations.

Amendment 241 #

Proposal for a directive
Article 36 – paragraph 2

2. Preventive measures shall include awareness-raising campaigns targeting all ages, research and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.

Amendment 242 #

Proposal for a directive
Article 36 – paragraph 2 a (new)

2a. 2.a. Preventive measures include research into the risk factors favouring violence against women, including domestic violence, and protection mechanisms as well as programme evaluation.

Amendment 243 #

Proposal for a directive
Article 36 – paragraph 3

3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures available to the general public, in different formats, through different media and in appropriate languages and language levels .

Amendment 244 #

Proposal for a directive
Article 36 – paragraph 3

3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures available to the general public and in formats accessible to persons with disabilities.

Amendment 245 #

Proposal for a directive
Article 36 – paragraph 4

4. Targeted action shall be addressed to groups at risk, including children, according to their age ~~and~~, maturity and language skills , and persons with disabilities, taking into consideration language barriers and different levels of literacy and abilities. Information for children shall be formulated in a child- friendly way.

Amendment 246 #

4a. 4a. Member States shall take appropriate measures to ensure that education on sexuality, emotional life and reproductive health, including the promotion of gender equality and non- discrimination on the grounds of sexual orientation and disability, is compulsory throughout the school system.

Amendment 247 #

Proposal for a directive
Article 36 – paragraph 4 a (new)

4a. Member States shall take appropriate measures to ensure that education on sexuality, emotional life and reproductive health, including the promotion of gender equality and non- discrimination on the grounds of sexual orientation and disability, is compulsory throughout the school system

Amendment 248 #

Proposal for a directive
Article 36 – paragraph 5

5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive. Preventive measures shall develop and/or increase sensitivity about the pattern of gradual escalation of violence against women and domestic violence which can culminate in the killing of women.

Amendment 249 #

Proposal for a directive
Article 36 – paragraph 5

5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive. Preventive measures shall also aim at remove, as far as possible, any economic barriers that might induce a woman not to report the violence she has suffered.

Amendment 250 #

Proposal for a directive
Article 36 – paragraph 5

5. Preventive measures shall in particular aim at raising awareness of the concept of consent, empowering and emancipating women and girls, challenging harmful gender stereotypes, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.

Amendment 251 #

Proposal for a directive
Article 36 – paragraph 5

5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, promoting equality between women and men in all their diversity, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.

Amendment 252 #

Proposal for a directive
Article 36 – paragraph 5

5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, promoting gender equality ~~between women and men~~, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.

Amendment 253 #

Proposal for a directive
Article 36 – paragraph 7

7. Preventive measures shall also specifically address cyber violence. In particular, Member States shall ensure that education measures include information on the commission of offences and the criminal sanctions available, as well as the development of digital literacy skills, including critical engagement with the digital world, to enable users to identify and address cases of cyber violence, seek support and prevent its perpetration. Member States shall foster multidisciplinary and stakeholder cooperation, including intermediary services and competent authorities to develop and implement measures to tackle cyber violence.

Amendment 254 #

Proposal for a directive
Article 36 – paragraph 8

8. Member States shall ensure that sexual harassment at work is addressed in relevant national policies and company policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where workers are most exposed. Relevant due diligence policies and measures shall be incorporated in company policies at all levels. Specialised support services, including women support services and civil society organisations working on women’s rights and gender based violence, shall be involved in the development of the relevant national and company policies and trainings.

Amendment 255 #

Proposal for a directive
Article 37 – paragraph 1

1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, child and healthcare professionals, ~~social service~~forensic doctors, social services, as well as volunteer workers, civil society organisations working with and for children and victims, educational and other relevant staff, receive both general and specialist training which is mandatory and continuous and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or all forms of domestic violence and its mechanisms, including manipulation, psychological violence and coercive control, and to treat victims in a trauma-, gender- and child- sensitive manner.

Amendment 256 #

Proposal for a directive
Article 37 – paragraph 1

1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive initial and continued training as well as both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender- and child- sensitive manner. Such training should be development and organised in cooperation with specialised services and civil society organisations working on women’s and children’s rights.

Amendment 257 #

Proposal for a directive
Article 37 – paragraph 1

1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender-, disability and child- sensitive manner. Member States shall also encourage systematic questioning on violence by professionals working with women and children.

Amendment 258 #

Proposal for a directive
Article 37 – paragraph 1

1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender-, disability- and child- sensitive manner.

Amendment 259 #

Proposal for a directive
Article 37 – paragraph 2

2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female and intersex genital mutilation and other harmful practices.

Amendment 260 #

Proposal for a directive
Article 37 – paragraph 6

6. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained to facilitate and assist in the reporting of such crimes, in particular in the case of child witnesses of violence and disabled women.

Amendment 261 #

Proposal for a directive
Article 37 – paragraph 7

7. Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall increase the sensitivity about the pattern of gradual escalation of violence against women and domestic violence which can culminate in the killing of women. They shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex and other grounds, as well as on how to identify and act on the pattern of gradual escalation .

Amendment 262 #

Proposal for a directive
Article 41 – paragraph 1

Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, organisations working with persons in a vulnerable situation or with a heightened risk of domestic abuse, and community- based organisations, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.

Amendment 263 #

Proposal for a directive
Article 41 – paragraph 1

Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, including child witnesses of such violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.

Amendment 264 #

Proposal for a directive
Article 42 – paragraph 1

Member States shall facilitate the taking of self-regulatory measures by providers of intermediary services in connection to this Directive, in particular to reinforce internal mechanisms to tackle and timely remove the illegal the online material referred to in Article 25(1) and to improve the training of their employees concerned on preventing, assisting and supporting the victims of the offences referred to therein.

Amendment 265 #

Proposal for a directive
Article 43 – paragraph 1 – point a

(a) exchanging best practices, including on preventive measures as referred to in article 36, in particular education programmes, and consulting each other in individual cases, including through Eurojust and the European Judicial Network in criminal matters;

Amendment 266 #

Proposal for a directive
Article 43 – paragraph 1 – point c

(c) providing assistance to Union networks working on matters directly relevant to violence against women and domestic violence, including child witnesses of such violence.

Amendment 267 #

Proposal for a directive
Article 44 – paragraph 1

1. Member States shall have a system in place for the collection, development, production and dissemination of statistics on violence against women or domestic violence, including the forms of violence referred to in Articles 5 to 10, as well as child witnesses of such violence.

Amendment 268 #

Proposal for a directive
Article 44 – paragraph 2 – introductory part

2. The statistics shall include the 2. following data disaggregated by sex, age, belonging to a vulnerable group and disability of the victim and of the offender, relationship between the victim and the offender and type of offence:

Amendment 269 #

Proposal for a directive
Article 46 – paragraph 1

This Directive establishes minimum rules. Member States may introduce or maintain provisions and procedural guarantees with higher standards, including such which provide a higher level of protection and support for victims.

Amendment 270 #

Proposal for a directive
Article 49 – paragraph 1

Nothing in this Directive shall be construed as lowering, limiting or derogating from any of the rights and procedural safeguards that are guaranteed under the law of any Member State which provides a higher level of protection. Member States shall not lower that higher level of protection guaranteed at the time of entry into force adoption of this Directive by The European Parliament and the Council.

Amendment 45 #

Proposal for a directive
Citation 1 a (new)

Having regard to Article 24 of the EU Charter of Fundamental Rights, as well as Article 12 of the UN Convention on the Rights of the Child of 1989 (CRC),1a _________________ 1a Convention on the Rights of the Child, United Nations, 1989

Amendment 46 #

Proposal for a directive
Recital 1

(1) The purpose of this Directive is to provide a comprehensive framework to effectively prevent and combat violence against women and domestic violence ~~throughout the Union~~, including cyberviolence, throughout the Union by means of education and awareness raising, including teaching programmes for young people and information campaigns. It does so by strengthening and introducing measures in the following areas: the definition of relevant criminal offences and penalties, the effective protection of victims and access to justice, victim support, prevention, coordination and cooperation. , ensuring effective collaboration between national, regional and local authorities and between EU Member States to combat violence against women and domestic violence.

Amendment 47 #

Proposal for a directive
Recital 1 a (new)

(1a) A revised legal framework is necessary to ensure a social climate adapted to our times. Unfortunately, crimes such as child rape, child pornography and indirect rape are becoming increasingly widespread throughout the Member States.

Amendment 48 #

Proposal for a directive
Recital 2

(2) Equality between women and men and non-discrimination are core values of the Union and fundamental rights enshrined, respectively, in Article 2 of the Treaty on European Union and in Articles 21 and 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Violence against women and domestic violence endanger these very principles, undermining women and girls’ rights to equality in all areas of life. The contribution made by discrimination and gender stereotypes to the perpetuation of violence against women and domestic violence must be recognised.

Amendment 49 #

Proposal for a directive
Recital 2 a (new)

(2a) This proposal covers both women and girls from all social backgrounds, regardless of age, religion, race, sexual orientation, social origin or migrant status. It can also apply to other victims of domestic violence, such as children, the elderly and men.

Amendment 50 #

Proposal for a directive
Recital 3

(3) Violence against women and domestic violence, including cyberviolence, violate fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protection, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union. The Directive must ensure that measures taken to combat violence against women and domestic violence comply with international human rights standards.

Amendment 51 #

Proposal for a directive
Recital 4

(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, online falsification, blackmail and threats, child pornography, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses, consisting of behaviour that may include physical, sexual, emotional, psychological or economic abuse. The abuser may be a partner or family member and the victims may be adults or children. The aim of domestic violence is to control and dominate the partner or family members. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1~~–11~~. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, (OJ L 335, 17.12.2011, p. 1~~– 14~~.

Amendment 52 #

Proposal for a directive
Recital 4

(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or partners, whether or not the offender shares or has shared the same residence with the victim . _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.

Amendment 53 #

Proposal for a directive
Recital 4

(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or intimate partner. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.

Amendment 54 #

Proposal for a directive
Recital 5

(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women ~~and~~, domestic violence and cyberviolence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender, in order to eliminate stereotypes and discrimination leading to violence against women.

Amendment 55 #

Proposal for a directive
Recital 5

(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex ~~or gender~~.

Amendment 56 #

Proposal for a directive
Recital 6

(6) Due to their vulnerability, children who witness violence against women or domestic violence suffer a direct emotional harm~~, which impacts their development. Therefore, such children should be considered victims and benefit from targeted protection measur~~. Such “Witnessed violence”, i.e. 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, has very serious consequences on the psychological and emotional development of the child, and can generate traumas that are sometimes permanent on the ability to interact socially during childhood and adulthood. Therefore, such children should be considered victims and benefit from targeted protection measures. It is essential to give due attention to this type of violence in separations and parental custody arrangements, taking into account the best interest of the child, in particular in order to determine custody and visitation rights in separation cases.

Amendment 57 #

Proposal for a directive
Recital 6

(6) Due to their vulnerability, children who ~~witnes~~are exposed to acts of violence, such as violence against women or domestic violence ~~suffer a direct~~, are directly affected and suffer emotional harm, which ~~impact~~damages their personal and professional development. Therefore, such children should be considered victims and benefit from targeted protection measures. The Directive must state how the proposed measures are intended to help children recover from trauma and what will be done to prevent these children from becoming victims or perpetrators in the future.

Amendment 58 #

Proposal for a directive
Recital 7

(7) Violence against women is a persisting manifestation of structural discrimination against women, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’. It is necessary to emphasise that violence against women, which is rooted in socially constructed roles, behaviours, activities and attributes, runs counter to the values of the European Union, which promote equality and respect for all citizens.

Amendment 59 #

Proposal for a directive
Recital 7

Amendment 60 #

Proposal for a directive
Recital 7

(7) Violence against women is a persisting manifestation of structural discrimination against women in all their diversity, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.

Amendment 61 #

Proposal for a directive
Recital 8

(8) Domestic violence is a serious social problem which often remains hidden. It can lead to serious psychological and physical trauma with severe consequences because the offender typically is a person known to the victims, whom they would expect to be able to trust. Such violence can take on various forms, including physical, sexual, psychological and economic. Moreover, studies have shown that such violence follows a specific escalatory pattern, which can culminate in the killing of the women. Recognising these steps and reacting at an early stage will prevent more serious violence and murders. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.

Amendment 62 #

Proposal for a directive
Recital 8

(8) Domestic violence is a serious social problem which often remains hidden, meaning that it is the responsibility of the authorities and society as a whole to combat domestic violence through preventive measures and through education. It can lead to serious psychological and physical trauma with severe medium and long-term consequences because the offender typically is a person known to the victims, whom they would expect to be able to trust. Such violence can take on various forms, including physical, sexual, psychological and economic. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.

Amendment 63 #

Proposal for a directive
Recital 9

(9) In light of the specificities related to these types of crime it is necessary to lay down a comprehensive ~~set of rules~~and harmonised set of rules at European level, which addresses the persisting problem of violence against women and domestic violence, including cyberviolence directed at women, in a targeted and effective manner and caters to the specific short, medium and long-term needs of victims of such violence. The existing provisions at Union and national levels have proven to be insufficient to effectively combat and prevent violence against women ~~and domestic violence~~, domestic violence and cyberviolence. In addition to legislative and victim protection measures, a holistic approach is needed that also addresses the underlying causes of this behaviour and promotes the European values of respect, responsibility and compassion in society. In particular, Directives 2011/36/EU and 2011/93/EU concentrate on specific forms of such violence, while Directive 2012/29/EU of the European Parliament and of the Council38 lays down the general framework for victims of crime. While providing some safeguards for victims of violence against women and domestic violence, it is not set out to address their specific needs. _________________ 38 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).

Amendment 64 #

Proposal for a directive
Recital 9

(9) Victims are often still unable to fully exercise their rights in the EU and access to support services is critical to women exposed violence. Victims often face difficulties in obtaining justice due to lack of information and insufficient support and protection and often face secondary victimisation and when claiming compensation. In light of the specificities related to these types of crime it is necessary to lay down a comprehensive set of rules, which addresses the persisting problem of violence against women and domestic violence in a targeted manner and caters to the specific needs of victims of such violence. The existing provisions at Union and national levels have proven to be insufficient to effectively combat and prevent violence against women and domestic violence. In particular, Directives 2011/36/EU and 2011/93/EU concentrate on specific forms of such violence, while Directive 2012/29/EU of the European Parliament and of the Council38 lays down the general framework for victims of crime. While providing some safeguards for victims of violence against women and domestic violence, it is not set out to address their specific needs. _________________ 38 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).

Amendment 65 #

Proposal for a directive
Recital 10

(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 and, where relevant, the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva. It should be complemented by a full ratification and implementation by Member States of the Istanbul Convention and ILO Convention No 190 on violence and harassment in the world of work _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.

Amendment 66 #

Proposal for a directive
Recital 10

(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 ~~and, where relevant, the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40~~ and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva. _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. ~~40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.~~

Amendment 67 #

Proposal for a directive
Recital 10

(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 an, the UN Convention on the Rights of the Child, wthe~~re relevant,~~ United Nations Convention on the Rights of Persons with Disabilities (CRPD)39a, and the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva. _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 39a Convention on the Rights of Persons with Disabilities (CRPD), United Nations, 2006. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.

Amendment 68 #

Proposal for a directive
Recital 11

(11) Violence against women and domestic violence, including cyberviolence, can be exacerbated where it intersects with discrimination based on sex, sexual orientation, gender expression, migration status and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, stressing the importance of taking responsibility for tackling the prejudice and discrimination that contribute to the increased risk of domestic violence in these groups. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (~~LBTIQ~~cyberviolence) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.

Amendment 69 #

Proposal for a directive
Recital 11

(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation and gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence and domestic violence.

Amendment 70 #

Proposal for a directive
Recital 11

(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, social or economic status, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or, sexual orientation gender identity, gender expression and sex characteristics . Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.

Amendment 71 #

Proposal for a directive
Recital 11

(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age ~~or sexual orientation~~. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, ~~lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women,~~ women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.

Amendment 72 #

Proposal for a directive
Recital 12

(12) Victims of violence against women and domestic violence, including cyberviolence, are at an increased risk of intimidation, harassment, retaliation, secondary and repeat victimisation, having profound psychological effects and impacting on their social interactions and state of mind. Particular attention should thus be paid to these risks and to the need to protect the dignity and physical and mental integrity of such victims, requiring legal assistance, psychological counselling and shelters to ensure the safety of victims.

Amendment 73 #

Proposal for a directive
Recital 13

(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishing the victims for their sexual orientation or gender identity (so-called "corrective rapes"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .

Amendment 74 #

Proposal for a directive
Recital 17

(17) Gender-based violence against women have been amplified or facilitated by technology, in particular the technology used in online and digital environments. It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide.

Amendment 75 #

Proposal for a directive
Recital 17

(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women active in public life, such as politicians, journalists and human rights defenders. It can have the effect of silencing women and hindering their societal participation on an equal footing with men as well as hampering their careers. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to mental illness and even suicide.

Amendment 76 #

Proposal for a directive
Recital 18

(18) The use of information and communication technologies bears the risk of easy, fast and wide-spread amplification of certain forms of cyber violence with the effect of creating or enhancing profound and long-lasting harm for the victim. Cyber violence has severe implications for women’s participatory rights online. The hateful abuse to which women are subjected in online environments causes many women to withdraw from participating online, including from expressing their views on online platforms. Violence against women in the digital sphere thus silences their voices and reduces their perspectives in public debate. The potential for such amplification, which is a pre-requisite for the perpetration of several offences of cyber violence defined under this Directive, should be reflected by the element of making certain material accessible, through information and communication technologies, to a ‘multitude’ of end-users. The term ‘multitude’ should be understood as referring to reaching a significant number of end-users of the technologies in question, thus allowing for significant access to, and potential further distribution of that material. That term should be interpreted and applied having regard to the relevant circumstances, including the technologies used to make that material accessible and the means these technologies offer for amplification.

Amendment 77 #

Proposal for a directive
Recital 24

(24) Victims should be able to report crimes of violence against women or domestic violence easily without being subject to secondary or repeat victimisation. To this end, Member States should provide the possibility to submit complaints in-person as well as online or through other information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour.

Amendment 78 #

Proposal for a directive
Recital 25

(25) In the case of domestic violence and violence against women, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against women affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States sh~~ould ensure that they are not held liable for breach of confidentiality.~~ all ensure that a gender-responsive and child-responsive risk assessment and risk management is conducted, and that tailored safety, protection and support measures are immediately adopted. Member States should ensure that reporting professionals are not held liable for breach of confidentiality while ensuring that the victim’s privacy is safeguarded and that they are protected against possible retaliation.

Amendment 79 #

Proposal for a directive
Recital 26

(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established. This can include questioning by competent authorities in simple and accessible language. Participation in court proceedings should take place in a comfortable environment so as not to cause additional trauma or stress for the child and to minimise the psychological and emotional impact of such circumstances, and be appropriate for the age, maturity and language skills of the child in terms of language and content.

Amendment 80 #

Proposal for a directive
Recital 26

(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established based on the principle that the interests of the child are of paramount importance. This can include questioning by competent authorities in simple and accessible language.

Amendment 81 #

Proposal for a directive
Recital 26

Amendment 82 #

Proposal for a directive
Recital 27

(27) Delays in processing complaints of violence against women and domestic violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or spouses. Therefore, the competent authorities should have the sufficient expertise and effective investigative tools to investigate and prosecute such crimes. Member States should make sufficient resources available to ensure that proceedings involving children are handled with utmost compliance with the standards of child-friendly justice, with appropriate respect for child’s emotional and physical integrity, and without undue delay. Member States should ensure that child and family courts function as an essential service, continuing to hold emergency hearings and executing court orders for the care and protection of children who are at an immediate risk of neglect or abuse.

Amendment 83 #

Proposal for a directive
Recital 27

Amendment 84 #

Proposal for a directive
Recital 27 a (new)

(27 a) In many cases the close connection between criminal, civil and other legal proceedings need to be recognized in order to coordinate the judicial and other legal responses to child and intimate partner violence. Member States should adopt measures to link criminal and civil cases involving an individual family and children in order ot effectively prevent any discrepancies between judicial and other legal decisions that are harmful to children. The best interests of the child should always be the primary consideration in all decisions concerning children.

Amendment 85 #

Proposal for a directive
Recital 28

(28) Victims of domestic violence and violence against women are typically in need of immediate protection or specific support, for example in the case of intimate partner violence, where the rate of recidivism tends to be high. Therefore, an individual assessment to identify the victim’s protection needs should be conducted upon the very first contact of competent authorities with the victim or as soon as suspicion arises that the person is a victim of violence against women or domestic violence. This can be done before a victim has formally reported an offence or proactively if a third party reports the offence. Member States shall ensure that the corresponding competent authority has sufficient funding, staff and other resources to conduct individual assessments, including by cooperating with other agencies and support services (health, social services, etc.). When the victim of violence is a child, protection and support should also extend to non- violent parents or guardians.

Amendment 86 #

Proposal for a directive
Recital 28

Amendment 87 #

Proposal for a directive
Recital 29

(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support immediately, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring extra special attention could include the victim’s pregnancy, the fact that the victim lives with the abuser or the victim’s dependence on or relationship to the offender.

Amendment 88 #

Proposal for a directive
Recital 29

(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring special attention could include the victim’s pregnancy, disabilities, or the victim’s economic, familial or other dependence on or relationship to the offender.

Amendment 89 #

Proposal for a directive
Recital 45

(45) ATailored and quality assistance and support to victims of violence against women and domestic violence should be available and provided before, during and ~~for an appropriate period after the criminal~~as long as needed after the violence occured, the criminal proceedings and relevant civil proceedings (such as civil liability, divorce, termination of a legal partnership or custody proceedings) have ended, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk in particular due to the statements made by the victim in those proceedings. Such assistance and support should be provided free of charge and with the possibility of recovering the costs from the offender.

Amendment 90 #

Proposal for a directive
Recital 45

(45) Assistance and support to victims of violence against women and domestic violence should be provided ~~before, during~~from the moment it is reported, during the criminal proceedings and for an appropriate period after the ~~criminal proceedings~~y have ended, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk in particular due to the statements made by the victim in those proceedings.

Amendment 91 #

Proposal for a directive
Recital 46

(46) Specialised support services should provide support to victims of all forms of violence against women and domestic violence, including sexual violence, female and intersex genital mutilation and other harmful practices, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.

Amendment 92 #

Proposal for a directive
Recital 47

(47) Specialist support should offer victims quality and free support tailored to their specific needs, and irrespective of any official complaint. Such services could be provided in addition to, or as an integrated part of, general victim support services, which may call on existing entities providing specialist support. Specialist support may be provided by national authorities, victims’ support organisations, or other non- governmental organisations. They should be granted sufficient human and financial resources and, where the services are provided by non-governmental organisations, Member States should ensure that they receive appropriate funds.

Amendment 93 #

Proposal for a directive
Recital 49

(49) Specialist support services, including shelters and rape crisis centres, ~~should~~are to be considered essential during crises and states of emergency, including during health crises. The~~se services should continue to be offer~~ functionality of these services should be increased in these situations, where instances of domestic violence and violence against women tend to surge.

Amendment 94 #

Proposal for a directive
Recital 50

(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care, services operated by gynaecologists and obstetricians where needed, and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.

Amendment 95 #

Proposal for a directive
Recital 50

(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, as well as victims of intersex genital mutilation, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.

Amendment 96 #

Proposal for a directive
Recital 53

(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situation and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should guarantee support for women and their children who are victims of violence by means of community, educational and financial support, in order to ensure these women have the necessary means to care for their children. Victims of violence should have access to psychological support and counselling at every stage of their legal procedures.

Amendment 97 #

Proposal for a directive
Recital 54

(54) Growing up in a violent domestic environment has very negative implications for the child’s physical, emotional and social development and subsequent behaviour as an adult. Exposure to violence as a child, either through experiencing maltreatment and/or witnessing partner violence, constitutes a risk factor for becoming vulnerable to victimisation, committing violence as an adult or experiencing behavioural, physical or mental health problems. To effectively address negative consequences for child victims, support measures to children should include age- appropriate psychological counselling, together with paediatric care where necessary, and be provided as soon as competent authorities have reasonable grounds to believe that children might have been victims, including child witnesses of violence. In the provision of support to child victims, the rights of the child, as laid down in Article 24 of the Charter, should be a primary consideration. Cooperation between competent authorities and venues the child visits frequently, such as school, should be ensured, both to support the child and provide due support for other children and parents.

Amendment 98 #

Proposal for a directive
Recital 55

(55) ~~In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access~~When a child is a victim of violence or is at risk of becoming a victim, whether direct or as a witness, of an offender or suspect who is a holder of parental responsibility with rights of access, Member States should ensure that such access rights are suspended or terminated in the best interest of the child. In other cases, in order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should always assess if it is in the best interest of the child to uphold such rights to access prior to visits. In case of a positive assessment, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. If needed, the visits should take place in the presence of child protection or welfare officials. Where it is necessary to provide for interim accommodation, children should as a priority be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child should be always taken into account.

Amendment 99 #

Proposal for a directive
Recital 55

(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. If needed, the visits should take place in the presence of adequately trained child protection or welfare ~~officials~~workers who are able to inform the child on the situation and reassure it in a child-sensitive language. Where it is necessary to provide for interim accommodation, children should as a priority be heard and be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child and, where possible, its wishes should be always taken into account.

source: 740.834

2023/01/26 BUDG 49 amendments...

Amendment 31 #

Fabienne KELLER, Nils TORVALDS, Moritz KÖRNER, Vlad GHEORGHE, Valérie HAYER, Martin HOJSÍK, Olivier CHASTEL

Proposal for a directive
Recital 11

(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on ~~sex~~gender and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.

Amendment 32 #

Proposal for a directive
Recital 17

(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may lead to an increased incidence of depression and anxiety disorder and, in extreme cases, ~~lead~~ to suicide.

Amendment 33 #

Proposal for a directive
Recital 19

(19) Especially due to its tendency for easy, swift and broad distribution and perpetration, as well as its intimate nature, the non-consensual making accessible of intimate images or videos and material that depict sexual activities, to a multitude of end-users, by means of information and communication technologies, can be very harmful for the victims. The offence provided for in this Directive should cover all types of such material, such as images, photographs and videos, including but not limited to sexualized images, audio clips and video clips. It should relate to situations where the making accessible of the material to a multitude of end-users, through information and communication technologies, occurs without the victim’s consent, irrespective of whether the victim consented to the generation of such material or may have transmitted it to a particular person. The offence should also include the non-consensual production or manipulation, for instance by image editing, of material that makes it appear as though another person is engaged in sexual activities, insofar as the material is subsequently made accessible to a multitude of end-users, through information and communication technologies, without the consent of that person. Such production or manipulation should include the fabrication of ‘deepfakes’, where the material appreciably resembles an existing person, objects, places or other entities or events, depicting sexual activities of another person, and would falsely appear to others to be authentic or truthful. In the interest of effectively protecting victims of such conduct, threatening to engage in such conduct should be covered as well.

Amendment 34 #

Proposal for a directive
Recital 21

(21) Minimum rules concerning the offence of cyber harassment should be laid down to effectively protect victims of domestic violence, as well as their rights, and to counter initiating an attack with third parties or participating in such an attack directed at another person, by making threatening or insulting material accessible to a multitude of end-users. Such broad attacks, including coordinated online mob attacks, may morph into offline assault or cause significant psychological injury and in extreme cases lead to suicide of the victim. They often target prominent (female) politicians, journalists and human rights defenders or otherwise well-known persons, but they can also occur in different contexts, for instance on campuses or in schools. Such online violence should be addressed especially where the attacks occur on a wide-scale, for example in the form of pile- on harassment by a significant amount of people.

Amendment 35 #

Proposal for a directive
Recital 47

(47) Specialist support should offer victims support tailored to their specific needs, and irrespective of any official complaint. Such services could be provided in addition to, or as an integrated part of, general victim support services, which may call on existing entities providing specialist support. Specialist support may be provided by national authorities, victims’ support organisations, or other non- governmental organisations. They should be granted sufficient human and financial resources and, where the services are provided by non-governmental organisations, Member States ~~should ensure that they receive appropriate fun~~and the Union, for instance through the Rights and Values programme and its DAPHNE strand, should ensure that they receive appropriate funds. Member States should ensure that all victims belonging to vulnerable groups or communities receive tailor-made support based on their needs, with special attention to linguistic needs and potential past or present discrimination experiences of certain communities. Support should be provided as offline and online services according to specific needs.

Amendment 36 #

Proposal for a directive
Recital 47

Amendment 37 #

Margarida MARQUES

Proposal for a directive
Recital 47 a (new)

(47 a) The Union budget should provide complementary funding to ensure a high level of protection for victims of violence, including through sufficient resources in dedicated funding programs, as for instance through the Rights and Values programme and its DAPHNE strand, and through the promotion of innovative solutions to improve the quality and accessibility of the needed services; the relevant program(s) under the next Multiannual Financial Framework should contain sufficient financial and human resources to ensure sufficient funding for a significant Union contribution to the proper implementation, in particular of preventive and victim support measures; in the context of the Cohesion policy programmes, national programming should pay particular attention to projects contributing to the objectives of the Directive by complementing Member States investments for that purpose.

Amendment 38 #

Proposal for a directive
Recital 47 a (new)

(47 a) Stresses the Member States' responsibility of ensuring sufficient human and financial resources to provide specialist support services for victims of acts of violence covered by this Directive; Additionally, highlights the synergies with existing EU policy provisions in the policy and notably the work done under the DAPHNE strand in preventing and combating gender-based violence through the Union budget; notes that the financing of specific Union programmes is decided at the context of the annual budgetary procedure.

Amendment 39 #

Fabienne KELLER, Nils TORVALDS, Moritz KÖRNER, Vlad GHEORGHE, Valérie HAYER, Martin HOJSÍK, Olivier CHASTEL

Proposal for a directive
Recital 60

(60) In order to ensure victims of ~~violence against women and domestic~~gender-based violence, domestic violence and cyber violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims ~~receive~~, including law enforcement authorities, receive mandatory training and targeted information. Trainings should cover the dynamics and impact of sexual assault victimization, the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims and how to assess the risk of their situation. Trainings should also cover how to properly interview and assist a victim who wishes to lodge a complaint. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions should also receive training. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).

Amendment 40 #

Fabienne KELLER, Nils TORVALDS, Moritz KÖRNER, Vlad GHEORGHE, Valérie HAYER, Martin HOJSÍK, Olivier CHASTEL

Proposal for a directive
Recital 61

(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims. Mandatory trainings of law enforcement authorities on how to receive a victim of gender- based violence, domestic violence or cyberviolence is essential to properly assist the filing of a complaint by the victim and to properly assess the risk of her situation.

Amendment 41 #

Proposal for a directive
Recital 61

(61) In order to counteract underreporting, Member States should develop a study on domestic violence to identify the real extent of the phenomenon and the causes that discourage reporting to the authorities and filing complaints by victims, especially among vulnerable groups. Furthermore, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.

Amendment 42 #

Margarida MARQUES, Christel SCHALDEMOSE

Proposal for a directive
Recital 61 a (new)

(61 a) To effectively address violence against women, Member States should also liaise with experts and educational institutions that prepare professionals in the relevant fields in order to develop a best practice guide and the application of legislation in the field of preventing and combating domestic violence or victims of crime across the Union.

Amendment 43 #

Proposal for a directive
Recital 63

(63) In order to ensure that victims of the offences of cyber violence contained in this Directive can effectively realise their rights to have illegal material relating to such offences removed, Member States should encourage the cooperation between providers of intermediary services as well as between providers of intermediary services, authorities and civil society organisations, such as through the establishment of trusted flaggers pursuant to Article 22 of the Regulation (EU) 2022/2065 of the European Parliament and of the Council. To ensure that such material is detected early on and tackled effectively and that victims of those offences are adequately assisted and supported, Member States should also facilitate the establishment or use of existing self-regulatory measures of a voluntary nature, such as codes of conduct, including on the detection of systematic risks in relation to such cyber violence and the training of the providers’ employees, including psychological support, concerned by preventing such violence and assisting victims. Any support provided by the European Commission to the Member States in these regards should come along with a reinforcement of its human resources.

Amendment 44 #

Proposal for a directive
Recital 64

(64) Policies to adequately tackle violence against women and domestic violence can only be formulated on the basis of comprehensive and comparable disaggregated data. In order to effectively monitor developments in the Member States and fill the gaps of comparable data, Member States should regularly conduct surveys using the harmonised methodology of the Commission (Eurostat) to gather data and transmit these data to the Commission (Eurostat) and the European Institute of Gender Equality. For the purpose of the analysis of the aggregated data, both Eurostat and EIGE should be reinforced adequately.

Amendment 45 #

Proposal for a directive
Recital 64 a (new)

(64 a) The relevant agencies, in particular the European Institute for Gender Equality, should be provided with the necessary human and financial resources to fulfil the objectives, tasks and responsibilities assigned to it under this directive financed by a contribution from the general budget of the Union, with the necessary appropriations drawn exclusively from unallocated margins under the relevant heading of the Multiannual Financial Framework and/or through the mobilisation of the relevant special instruments and not depriving the Right and Values programme of any appropriations agreed for policy purpose under the actual Multiannual Financial Framework.

Amendment 46 #

Fabienne KELLER, Nils TORVALDS, Moritz KÖRNER, Vlad GHEORGHE, Valérie HAYER, Martin HOJSÍK, Olivier CHASTEL

Proposal for a directive
Article 1 – paragraph 1 – introductory part

This Directive lays down rules to prevent and combat ~~violence against women and domestic~~ gender-based violence, domestic violence and cyberviolence. It establishes minimum rules concerning:

Amendment 47 #

Fabienne KELLER, Nils TORVALDS, Moritz KÖRNER, Vlad GHEORGHE, Valérie HAYER, Martin HOJSÍK, Olivier CHASTEL

Proposal for a directive
Article 1 – paragraph 1 – point b

(b) the rights of victims of all forms of ~~violence against women or domestic~~ gender-based violence, domestic violence or cyberviolence before, during or after criminal proceedings;

Amendment 48 #

Proposal for a directive
Article 27 – paragraph 1 – introductory part

1. Member States shall ensure that specialist support services referred to in Article 9(3) of Directive 2012/29/EU are a~~vailabl~~dequately geographically distributed and available free of charge for victims of acts of violence covered by this Directive. The specialist support services shall provide, at the earliest possible stage:

Amendment 49 #

Proposal for a directive
Article 27 – paragraph 1 – point a

(a) advice ~~and~~, information and support on any relevant legal or practical matters arising as a result of the crime, including on access to shelter, housing, education, childcare, financial entitlements, training and assistance to remain in or find employment;

Amendment 50 #

Proposal for a directive
Article 27 – paragraph 1 – point b

(b) referrals to medical care, rape crisis centres, sexual violence referral centres and forensic examinations;

Amendment 51 #

Proposal for a directive
Article 27 – paragraph 1 – point c

(c) support to victims of cyber violence, including advice on judicial remedies and remedies to remove online content related to the crime as well as referrals to IT-specialists with the ability to remediate compromised hardware from malicious software, including stalkerware.

Amendment 52 #

Proposal for a directive
Article 27 – paragraph 2

2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible~~, including~~ to all victims including victims belonging to linguistic minorities and communities, and include online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of violence against women and domestic violence. The support shall be provided also in languages of linguistic minorities, regions and communities within the different Member States.

Amendment 53 #

Proposal for a directive
Article 27 – paragraph 3

3. Member States shall ensure ~~sufficient~~adequate human and financial resources to provide the services referred to in paragraph 1, ~~especially those referred to in point (c) of that paragraph,~~ including where such services are provided by non- governmental organisations.

Amendment 54 #

Proposal for a directive
Article 27 – paragraph 4

4. Member States shall provide the protection and specialist support services necessary to comprehensively address the multiple needs of victims at the same premises, or have such services coordinated through a central contact point, or through one-stop online access to such services. Such combined offering of services shall include at least first hand medical care ~~and~~, referral to further medical care, social services, psychosocial support, technical support, legal, and police services.

Amendment 55 #

Proposal for a directive
Article 27 – paragraph 5

5. Member States shall issue guidelines and protocols for healthcare and social service professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant medical and support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds of discrimination.

Amendment 56 #

Proposal for a directive
Article 27 – paragraph 6

6. Member States shall ensure that specialist medical and support services remain fully operational for victims of violence against women and domestic violence in times of crisis, such as health crises or other states of emergency.

Amendment 57 #

Fabienne KELLER, Nils TORVALDS, Moritz KÖRNER, Vlad GHEORGHE, Valérie HAYER, Olivier CHASTEL

Proposal for a directive
Article 27 – paragraph 6 a (new)

6 a. Member States shall ensure a minimum of one rape crisis or sexual violence referral centre per 200 000 women. The geographical distribution of these centres shall also be taken into account so as not to leave any isolated area.

Amendment 58 #

Proposal for a directive
Article 27 – paragraph 7

7. Member States shall ensure that specialist support services are available without delay to victims before, during and for an appropriate time after criminal proceedings. The access to such services shall not be dependent on a victim making a formal complaint.

Amendment 59 #

Proposal for a directive
Article 28 – paragraph 1

1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence. These centres shall provide for basic medical care and forensic examinations, timely referral to other medical care, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.

Amendment 60 #

Proposal for a directive
Article 28 – paragraph 1 a (new)

1 a. Member states should ensure that evidence gathering and documentation does not automatically lead to formal complaints and that victims can decide freely at a later point if they want to file an official complaint.

Amendment 61 #

Proposal for a directive
Article 28 – paragraph 3

3. Member States shall ensure a sufficient geographical distribution and capacity of these services across the Member State, ensuring maximum possible safety and confidentiality for victims.

Amendment 62 #

Proposal for a directive
Article 31 – paragraph 1

1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide expert advice for victims of violence against women and domestic violence, while taking into account existing and complementary services. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications.

Amendment 63 #

Proposal for a directive
Article 35 – paragraph 1

1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, victims of so-called "honour crimes", women detainees, or older women.

Amendment 64 #

Proposal for a directive
Article 36 – paragraph 2

2. Preventive measures shall include awareness-raising campaigns, research and education programmes, ~~where appropriat~~especially in groups with a certain socio-economic background that poses an increased risk of violence against women or domestic violence. Where appropriate those measures shall be developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.

Amendment 65 #

Proposal for a directive
Article 36 – paragraph 5

5. Preventive measures shall in particular aim at ~~challenging harmful gender stereotype~~increasing sensitivity to the concept of consent, challenging harmful gender stereotypes, including those stemming from cultural or religious traditions, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.

Amendment 66 #

Proposal for a directive
Article 36 – paragraph 8

8. Member States shall, in consultation with the social partners, ensure that sexual harassment at work is addressed in relevant national policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where workers are most exposed.

Amendment 67 #

Proposal for a directive
Article 37 – paragraph 1

1. Member States shall ensure that professionals likely to come into contact with victims and offenders, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims and offenders, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender- and child- sensitive manner.

Amendment 68 #

Fabienne KELLER, Nils TORVALDS, Moritz KÖRNER, Vlad GHEORGHE, Valérie HAYER, Martin HOJSÍK, Olivier CHASTEL

Proposal for a directive
Article 37 – paragraph 1 a (new)

1 a. The appropriate training for law enforcement authorities handling victim's judicial complaint is especially crucial in the context of the fight against gender- based violence, domestic violence and cyberviolence, considering they may be the first authorities to whom the victim is reaching out in the judicial proceedings.

Amendment 69 #

Proposal for a directive
Article 37 – paragraph 6

Amendment 70 #

Proposal for a directive
Article 39 – paragraph 3

3. That body shall coordinate the collection of data referred to in Article 44 in a standardised format based on guidelines published by the Commission not later than six months after the entry into force of this Directive, and analyse and disseminate its results.

Amendment 71 #

Proposal for a directive
Article 40 – paragraph 1

1. Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as relevant non- governmental organisations, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities.

Amendment 72 #

Proposal for a directive
Article 41 – paragraph 1

Member States shall cooperate with and consult relevant civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, in particular in providing support to victims, concerning the design and implementation of policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.

Amendment 73 #

Fabienne KELLER, Nils TORVALDS, Moritz KÖRNER, Vlad GHEORGHE, Valérie HAYER, Martin HOJSÍK, Olivier CHASTEL

Proposal for a directive
Article 43 – paragraph 1 – point b

(b) exchanging information and best practices with relevant Union agencies; in particular with the European Institute for Gender Equality and Europol cybercrime center to provide help Member States;

Amendment 74 #

Proposal for a directive
Article 44 – paragraph 2 – point a a (new)

(a a) the availability of victim support services and the number of victims accessing them;

Amendment 75 #

Proposal for a directive
Article 44 – paragraph 2 – point b

(b) the annual number of such victims, of reported offences, of persons prosecuted for and convicted of such forms of violence, sentences imposed, obtained from national administrative sources.

Amendment 76 #

Fabienne KELLER, Nils TORVALDS, Moritz KÖRNER, Vlad GHEORGHE, Valérie HAYER, Martin HOJSÍK, Olivier CHASTEL

Proposal for a directive
Article 44 – paragraph 7 a (new)

7 a. Article 44a new - Financing and monitoring of the measures and objectives laid down in this Directive

Amendment 77 #

Fabienne KELLER, Nils TORVALDS, Moritz KÖRNER, Vlad GHEORGHE, Valérie HAYER, Martin HOJSÍK, Olivier CHASTEL

Proposal for a directive
Article 44 – paragraph 7 b (new)

7 b. The relevant agencies, in particular the European Institute for Gender Equality and Europol, shall be provided with the necessary human and financial resources to fulfil the objectives, tasks and responsibilities assigned to it under this directive financed by a contribution from the general budget of the Union, with the necessary appropriations drawn exclusively from unallocated margins under the relevant heading of the multiannual financial framework and/or through the mobilisation of the relevant special instruments, meaning that their support should not come at the expense of existing budget lines and Union programmes.

Amendment 78 #

Fabienne KELLER, Nils TORVALDS, Moritz KÖRNER, Vlad GHEORGHE, Valérie HAYER, Martin HOJSÍK, Olivier CHASTEL

Proposal for a directive
Article 44 – paragraph 7 c (new)

7 c. Member States shall ensure that sufficient public funding is provided for the measures adopted in order for them to be effectively implemented.

Amendment 79 #

Proposal for a directive
Article 47 – paragraph 1

1. By [sefiven years after the entry into force of this Directive] at the latest, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report on the application of this Directive.

source: 740.852

2023/02/01 EMPL 313 amendments...

Amendment 100 #

Proposal for a directive
Recital 51

(51) HSexual harassment and harassment at work is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Given that sexual harassment at work has significant negative consequences ~~both~~ for the victims ~~and the employers~~, advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace, access to justice and providing the possibility of early conciliation, if the victim so wishes, should be provided by external counselling services to both victims and employers. Social partners, trade unions and workers’ representatives play a critical role in preventing, identifying and tackling gender-based violence at the workplace, as well as providing support to victims. In order to protect female workers and to address fear of victimisation in case of violence arising at the workplace, they should be able to be represented by a trade union or other workers’ representative, as recognised in the ILO Convention nº 135, at all times.

Amendment 101 #

Proposal for a directive
Recital 51

(51) Harassment at work is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Harassment at work hinders the labour market participation of women. Increased absenteeism, long-term sick leave, reduced productivity and consequently loss of income or future opportunities contribute to limiting women’s labour market participation. Given that sexual harassment at work has significant negative consequences ~~both for the victims and the employers, advice on~~for everyone at work, advice on preventing and adequately addressing such instances at the workplace, including through occupational and health measures, and on legal remedies available to the employer toand vitims, including on removeing the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes, should be provided through grievance mechanisms or by external counselling services to both victims and employers.

Amendment 102 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 51

(51) Harassment at work is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Given that gender-based violence and harassment, in particular sexual harassment at work has significant negative consequences ~~both for the victims and the employers, advice on adequately~~for everyone at work, impacting workplace relations and productivity, advice should be provided by external counselling services to both workers and employers on adequately preventing and addressing such instances atin the wor~~kplace,~~ld of work, including through social dialogue and on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes~~, should be provided by external counselling services to both victims and employers~~. Such support should be specialised, gender-sensitive, free of charge and confidential.

Amendment 103 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Recital 51

(51) Harassment at work is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Given that sexual harassment at work has significant negative consequences both for the victims and for the employers and businesses, advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes, should be provided by external counselling services to both victims and employers.

Amendment 104 #

Proposal for a directive
Recital 51 a (new)

(51 a) The social partners play a key role in addressing harassment at work, one of the common place of harassment, as well as domestic violence. Employer and trade unions are particularly well-placed to take measures to address harassment at work, including sexual harassment, and cyber violence at work. Furthermore, the Preamble to ILO Convention 190 recognises domestic violence as related to the workplace, noting that domestic violence can affect employment, productivity and health and safety. With the increasing availability of home-based telework, the site of domestic violence can in fact be the workplace of victim. Employers and trade unions can contribute, as part of other measures, to identify instances of domestic violence, to support victims and to address the impacts of domestic violence on professional life. There are already many examples of good practices and agreements between employers and trade unions on workplace practices that give support to victims of domestic violence, enabling them to continue working safely. Trade union and workplace health and safety representatives can, with appropriate training, play a particularly important role in offering assistance to victims of sexual harassment, cyber violence and domestic violence.

Amendment 105 #

Stefania ZAMBELLI, Elena LIZZI, Simona BALDASSARRE, Paola GHIDONI, Antonio Maria RINALDI

Proposal for a directive
Recital 51 a (new)

(51 a) Women active in public life such as politicians, journalists, human rights defenders and well-known figures are more often victims of violence with the risk of silencing them and hindering their societal participation, consequently undermining the principle of democracy. For instance, a study commissioned by the Inter-Parliamentary Union1a reports that 85.2 per cent of female MPs who took part in the study said that they had suffered psychological violence in the course of their term of office, 46.9 per cent had received death threats or threats of rape or beating, 58.2 per cent had been the target of online sexist attacks on social networks, 67.9 per cent had been the target of comments relating to their physical appearance or based on gender stereotypes, 24.7 per cent had suffered sexual violence, 14.8 per cent had suffered physical violence. Female MPs active in the fight against gender inequality and violence against women were often singled out for attack. _________________ 1a http://www.assembly.coe.int/LifeRay/EGA /WomenFFViolence/2018/20181016- WomenParliamentIssues-EN.pdf

Amendment 106 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 51 a (new)

(51 a) In addition to the severe consequences and trauma for victims personally, domestic violence can also affect employment, productivity and health and safety. As part of other measures, social partners can help to recognise, respond to and address the impacts of domestic violence in the world of work. In order to support victims through difficult transitions and help them to remain in the workforce thereby safeguarding their economic resources and financial independence, Member States may provide workers with the right to paid domestic violence leave where the worker has at least six months’ service with the same employer and has completed their probationary period where relevant. This right may be subject to appropriate and confidential substantiation.

Amendment 107 #

Proposal for a directive
Recital 51 a (new)

(51a) Discrimination against a woman because she is a mother constitutes a form of violence against women at the workplace. The birth of a child should not be a problem for a woman at the workplace, but should be perceived as an opportunity. This directive should consequently ensure preventive and protective measures with the aim of combating the 'motherhood penalty' phenomenon, which constitutes a form of discrimination and violence in the workplace.

Amendment 108 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 51 b (new)

(51 b) In order to support workers who are victims of gender-based violence and harassment and domestic violence to remain in the work force, Member States should ensure that such workers have the right to request short-term flexible working arrangements to adjust their working patterns, including, where possible, through the use of remote working arrangements or transfer of working location, flexible working schedules, or a reduction in working hours, for the purposes of ensuring their continued attachment to the labour market and professional development while providing the necessary flexibility for them to address the impact of such violence on their personal lives such as attending court, medical or bank appointments, seeking alternative accommodation or moving house as well as childcare arrangements which can be impractical to do outside their ordinary hours of work. The duration of such flexible working arrangements shall be determined by the Member States.

Amendment 109 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Recital 51 b (new)

(51 b) Female workers that are victims of violence should be able to find support, social and legal assistance at the workplace. While domestic abuse can affect daily work or safety at work and lead to violence, harassment, stalking and assault in the workplace, work can be a preventive and protective factor in the lives of victims, by providing protection from the violence and abuse, and a safe place to seek help. Workplaces may be key in raising awareness on gender-based violence, in identifying it and in supporting victims.

Amendment 110 #

Proposal for a directive
Recital 51 b (new)

(51 b) Member States should ensure that employers, in consultation with trade union representatives, take appropriate measures to prevent and address instances of sexual harassment at work and cyber violence at work, and to identify and provide adequate support to victims of domestic violence. Victims should have access to legal remedies, information and a right to receive support from a trade union representative, and should be entitled to paid time off to attend counselling and take leave of appropriate duration.

Amendment 111 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Recital 51 c (new)

(51 c) The social partners could play a key role in addressing harassment at work, one of the common sites of harassment, as well as domestic violence. Employer and trade unions are particularly well-placed to take measures to address harassment at work, including sexual harassment, and cyber-violence at work. Furthermore, the Preamble to ILO Convention 190 recognises domestic violence as related to the workplace, noting that domestic violence can affect employment, productivity and health and safety. With the increasing availability of home-based telework, the site of domestic violence can in fact be the workplace of the victim. Employers and trade unions can contribute, as part of other measures, to identify instances of domestic violence, to support victims and to address the impacts of domestic violence on professional life. There are already many examples of good practices and agreements between employers and trade unions on workplace practices that give support to victims of domestic violence, enabling them to continue working safely. Trade union and workplace health and safety representatives can, with appropriate training, offer assistance to victims of sexual harassment, cyber violence and domestic violence.

Amendment 112 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 51 c (new)

(51 c) When considering requests for flexible working arrangements, employers should be able to take into account the needs of both the employer and the worker concerned. The employer should be able to decide whether to accept or refuse a worker's request for flexible working arrangements but must do so within 48 hours given the specific context of, and circumstances faced by, victims of gender-based violence, harassment and domestic violence that are often time- sensitive. Employers should provide a reasoned response in case of refusal or proposed postponement of such arrangements. Specific circumstances underlying the need for short-term flexible working arrangements can change. Workers should therefore have the right not only to return to their original working pattern at the end of the mutually agreed period, but should also be able to request to do so earlier where required on the basis of a change in the underlying circumstances.

Amendment 113 #

Proposal for a directive
Recital 51 c (new)

(51 c) Member States should ensure that trade unions are able to bargain collectively on workplace measures to prevent and address sexual harassment at work and cyber violence at work, and to identify and support victims of domestic violence. Member States should take measures to promote collective bargaining on workplace practices on preventing and addressing instances of sexual harassment, cyber violence and domestic violence, including through awareness- raising and training of employers, trade union representatives and workplace health and safety representatives.

Amendment 114 #

Proposal for a directive
Recital 51 d (new)

(51 d) Member States should ensure that employers, in consultation with trade union representatives, take appropriate measures to prevent and address instances of sexual harassment at work and cyber violence at work, to identify and provide adequate support to victims of domestic violence. Victims should have access to legal remedies, information and a right to receive support from a trade union representative, and should be entitled to paid leave of appropriate duration to seek counselling and attend to their needs.

Amendment 115 #

Proposal for a directive
Recital 51 e (new)

(51 e) Member States should take measures to ensure that trade unions can engage in collective bargaining on workplace practices to facilitate the identification, prevention and address of instances of sexual harassment and cyber violence at work as well as domestic violence, and offer support to victims. Such measures should include awareness- raising and training of employers, trade union representatives and workplace health and safety representatives.

Amendment 116 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 51 f (new)

(51 f) Member States should improve the function of labour inspectorates with necessary funds, resources, staff and training, to widen the scope of monitoring, ensure effective, proportionate and non-discriminatory controls and field inspections, including routine and unannounced visits, in order to detect cases of sexual harassment and cyber violence at work or domestic violence, and strengthen the protection of female workers. Members should also ensure that organisations representing workers, in particular trade unions, have access to the workplace and, with the agreement of the worker, to their data.

Amendment 117 #

(52) Member States should ensure that national helplines are operated under the EU-harmonised number [116016] and this number is widely advertised as a public number, free of charge and available round-the-clock. The support provided should be accessible to persons with disabilities, include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police.

Amendment 118 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 53

(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial and employment situation and the well-being of their children, ultimately preparing victims for an autonomous life. Shelters and other appropriate interim accommodations should be made available to accommodate the specific needs of victims with disabilities.

Amendment 119 #

Proposal for a directive
Recital 56

(56) Victims with specific needs and groups at risk of ~~violence against women~~gender-based violence or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, o~~r o~~lder women, children, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender- based violence, should receive specific protection and support.

Amendment 120 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 56

(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, ~~living in rural area~~LBTI+ women, expectant and new mothers, living in rural areas, living in institutions, women sex workers, detainees, or older women, should receive specific protection and support.

Amendment 121 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 57

(57) Women and girls with disabilityies disproportionately experience violence against women and domestic violence ~~and due to their~~both within and outside their home. Due to a lack of accessible protection and support measures, victims with disabilityies often have difficulties in advocating for themselves, being heard and believed and accessing such protection and support measures. Therefore, Member States should ensure they can benefit fully from the rights set out in this Directive, on an equal basis with others, while paying due attention to the particular vulnerability of such victims and their likely difficulties in being able to reach out for or receive help.

Amendment 122 #

Proposal for a directive
Recital 57

(57) Women with disability disproportionately experience violence against women and domestic violence and due to their disability often have difficulties in accessing protection and support measures. Therefore, Member States should recognise their specific needs, adapt their support services accordingly and provide relevant actors with adequate trainings. Member States should ensure they can benefit fully from the rights set out in this Directive, on an equal basis with others, while paying due attention to the particular vulnerability of such victims and their likely difficulties to reach out for help.

Amendment 123 #

Stefania ZAMBELLI, Elena LIZZI, Simona BALDASSARRE, Paola GHIDONI, Antonio Maria RINALDI

Proposal for a directive
Recital 57

(57) Women with disability are particularly affected by discrimination on entering the labour market and disproportionately experience violence against women and domestic violence and due to their disability often have difficulties in accessing protection and support measures. Therefore, Member States should ensure they can benefit fully from the rights set out in this Directive, on an equal basis with others, while paying due attention to the particular vulnerability of such victims and their likely difficulties to reach out for help.

Amendment 124 #

Proposal for a directive
Recital 57

(57) Women with disability disproportionately experience violence against women ~~and~~, including domestic violence, and due to their disability often have difficulties in accessing protection and support measures. Therefore, Member States should ensure they can benefit fully from the rights set out in this Directive, on an equal basis with others, while paying due attention to the particular vulnerability of such victims and their likely difficulties to reach out for help.

Amendment 125 #

Stefania ZAMBELLI, Elena LIZZI, Simona BALDASSARRE, Paola GHIDONI, Antonio Maria RINALDI

Proposal for a directive
Recital 57

(57) Women with disability disproportionately experience ~~violence against women~~gender- based violence and domestic violence and due to their disability often have difficulties in accessing protection and support measures. Therefore, Member States should ensure they can benefit fully from the rights set out in this Directive, on an equal basis with others, while paying due attention to the particular vulnerability of such victims and their likely difficulties to reach out for help.

Amendment 126 #

Proposal for a directive
Recital 57 a (new)

(57a) The European Disability Charter should play a key role for women with disabilities who ask for help and report the perpetrator of violence. Indeed, the European Disability Card is useful in enabling the police and rescue services to recognise immediately the complainant's disability status.

Amendment 127 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Recital 58

(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter ~~violence ag~~gender-based violence and domestic violence. Special attention must be paid in awareness-raising campaignst to women ~~and~~experiencing discrimination and violence on the basis of the combination of their sex or gender and other grounds, and by victims at an increased risk of domestic violence. Prevention should also take place in formal education, in particular, through strengthening ~~sexuality~~inclusive sexuality and relationships education and socio- emotional competencies, ~~empathy and developing healthy and respectful relationship~~such as empathy. Prevention should also cover specific measures to prevent gender-based violence and sexual harassment and violence at the work. National social partners should be involved and consulted in these efforts.

Amendment 128 #

Proposal for a directive
Recital 58

(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Special awareness should be paid in awareness-raising campaigns to women experiencing discrimination and violence on the basis of the combination of their sex or gender and other grounds, and by victims at an increased risk of domestic violence. Prevention should also take place in formal education, in particular, through strengthening sexuality education and socio-emotional competencies, empathy and developing healthy and respectful relationships.

Amendment 129 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 58

(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence and associated stigma and inform all persons, including victims themselves, of the signs of violence and abuse. Prevention should also take place in formal education, in particular, through strengthening comprehensive sexuality education and socio-emotional competencies, empathy and developing healthy and respectful relationships. with a particular focus on addressing boys and young men.

Amendment 130 #

Proposal for a directive
Recital 58

(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Prevention should also take place in formal education, in particular, through strengthening ~~sexuality~~age-appropriate relationship education and socio-emotional competencies, empathy and developing healthy and respectful relationships.

Amendment 131 #

Proposal for a directive
Recital 59

(59) Member States should take measures to prevent the cultivation of harmful gender stereotypes to eradicate the idea of the inferiority of women or stereotyped roles of women and men. This could also include measures aimed at ensuring that culture, custom, religion, tradition or honour is not perceived as a justification for, or a more lenient treatment of, offences of ~~violence against women~~gender-based violence or domestic violence. Considering that from a very young age onwards, children are exposed to gender roles that shape their self-perception and influence their academic and professional choices as well as expectations of their roles as women and men throughout their life, it is crucial to address gender stereotypes as of early-childhood education and care. At the workplace, training and awareness raising programmes can play a crucial role in challenging stereotypes and transforming culture inside and outside work. Member States should also take measures to prevent the gender-based violence and harassment at work on grounds of pregnancy and motherhood.

Amendment 132 #

Proposal for a directive
Recital 59

(59) Member States should take measures to prevent the cultivation of harmful ~~gender~~ stereotypes to eradicate the idea of the inferiority of women or stereotyped roles of women and men. This could also include measures aimed at ensuring that culture, custom, religion, tradition or honour is not perceived as a justification for, or a more lenient treatment of, offences of violence against women or domestic violence. Considering that from a very young age onwards, children are exposed to gender roles that shape their self-perception and influence their academic and professional choices as well as expectations of their roles as women and men throughout their life, iIt is crucial to address ~~gender~~these stereotypes as of early-childhood ~~education and care~~.

Amendment 133 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 59

(59) Member States should take measures to prevent the cultivation of and dismantle existing harmful gender stereotypes to eradicate the idea of the inferiority of women or stereotyped roles of women and men. This could also include measures aimed at ensuring that culture, custom, religion, tradition or honour ~~is not perceiv~~can never be perceived or used as a justification for, or a more lenient treatment of, offences of violence against women or domestic violence. Considering that from a very young age onwards, children are exposed to gender roles that shape their self-perception and influence their academic and professional choices as well as expectations of their roles as women and men throughout their life, it is crucial to address gender stereotypes and respect for explicit consent and bodily autonomy as of early-childhood education and care.

Amendment 134 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Recital 60

(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that professionals in the public, private and non-for-profit sector, including trade union and workers’ representatives, likely to come into contact with victims receive training and targeted information. Trainings should cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. T~~o prevent and appropriately address instances of sexual harassment at work, persons with supervisory function~~hey should also include prevention and identification of sexual harassment of the most marginalised groups who are often the less believed when reporting, such as migrant women, LGBT+ women or women with disabilities. To prevent and appropriately address instances of sexual harassment and cyber violence at work, and to identify and address instances of domestic violence and its consequences on workers, persons with supervisory functions, trade union representatives and workplace health and safety representatives should also receive training. These trainings should also cover assessments regarding sexual harassment ~~at work~~, cyber violence at work and domestic violence, and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).

Amendment 135 #

Proposal for a directive
Recital 60

(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive training and targeted information. Trainings should cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. T~~o prevent and appropriately address instances of sexual harassment at work, persons with supervisory function~~hey should include prevention and identification of sexual harassment of the most marginalised groups who are often the less believed when reporting, such as women with disabilities. To prevent and appropriately address instances of sexual harassment at work and cyber violence at work, and to identify and address instances of domestic violence and its consequences on workers, persons with supervisory functions, trade union representatives and workplace health and safety representatives should also receive training. These trainings should also cover assessments regarding sexual harassment at work, cyber violence at work, and domestic violence and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).

Amendment 136 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 60

(60) In order to ensure victims of ~~violence against women~~gender-based violence and domestic violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive training and targeted information, particularly taking into account the needs of victims with disabilities. Trainings should cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. To prevent and appropriately address instances of gender- based violence and sexual harassment at work, employers, persons with supervisory functions and other workers should also receive training. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).

Amendment 137 #

Proposal for a directive
Recital 60

(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive regular and mandatory training and targeted information. Trainings should be gender- and disability-sensitive and cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. To prevent and appropriately address instances of ~~sexual harassment at~~violence and harassment in the world of work, persons with supervisory functions should also receive such training. These trainings should also cover assessments regarding in particular sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed or assaulted by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).

Amendment 138 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 60 a (new)

(60 a) Employers should ensure a culture based on mutual respect and dignity to prevent violence and harassment in the world of work commensurate with their degree of control including by adopting and implementing an inclusive and gender-responsive workplace policy on gender-based violence and harassment in consultation with workers and their representatives, appointing a designated confidential counsellor, ensuring no adverse treatment or consequences in the workplace for victims of gender-based violence and harassment, taking into account gender-based violence and harassment in the management and risk- assessment of occupational safety and health and providing all workers and their representatives with regular information and training on the identified hazards and risks of violence and harassment.

Amendment 139 #

Proposal for a directive
Recital 60 a (new)

(60 a) This Directive should ensure that preventative and protective measures aiming to combat violence, discrimination and harassment at work, including third- party violece and harassmetnts by customers, clients, visitors, patients, as applicable, should apply regardless of the reason for or cause of the harassment and are not limited to cases on discriminatory grounds. Member States, in consultation with the social partners, should provide for effective protective measures.

Amendment 140 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Recital 61

(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims. Member States should recognise women's civil society organisations, including organisations working with women at a heightened risk of experiencing gender-based violence, as partners in policy development and implementation and should, where relevant, include them in the work of government bodies and committees working to combat gender-based violence and domestic violence. In addition, other relevant stakeholders should be consulted on relevant issues, such as social partners in relation to gender-based violence and sexual harassment at work.

Amendment 141 #

Proposal for a directive
Recital 61

Amendment 142 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 62

(62) IEarly intervention programmes should be set up to prevent and minimise the risk of (repeated) offences of violence against women or domestic violence. The programmes should specifically aim at teaching offenders or those at risk of offending how to adopt non-violent behaviour in interpersonal relationships and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women.

Amendment 143 #

Proposal for a directive
Recital 62

(62) Intervention programmes should be set up to prevent and minimise the risk of (repeated) offences of ~~violence against women~~gender-based violence or domestic violence. The programmes should specifically aim at teaching offenders or those at risk of offending how to adopt non-violent behaviour in interpersonal relationships and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women.

Amendment 144 #

Proposal for a directive
Recital 64

(64) Policies to adequately tackle ~~violence against women~~gender-based violence and domestic violence can only be formulated on the basis of comprehensive and comparable disaggregated data. In order to effectively monitor developments in the Member States and fill the gaps of comparable data, Member States should regularly conduct surveys using the harmonised methodology of the Commission (Eurostat) to gather data and transmit these data to the Commission (Eurostat).

Amendment 145 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Recital 65

(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of ~~violence against women~~gender-based violence and domestic violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, as this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.

Amendment 146 #

Proposal for a directive
Recital 65

(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestic violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, as this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.

Amendment 147 #

Proposal for a directive
Recital 68

(68) Since the objective of this Directive, namely to prevent and combat ~~violence against women~~gender-based violence and domestic violence across the Union on the basis of common minimum rules, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the envisaged measures, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.

Amendment 148 #

Proposal for a directive
Article 1 – paragraph 1 – introductory part

This Directive lays down rules to prevent and combat ~~violence against women~~gender-based violence and domestic violence. It establishes minimum rules concerning:

Amendment 149 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 1 – paragraph 1 – point b

(b) the rights of victims of all forms of violence against women or domestic violence before, during orand after criminal proceedings;

Amendment 150 #

Proposal for a directive
Article 1 – paragraph 1 – point b

(b) the rights of victims of all forms of ~~violence against women~~gender-based violence or domestic violence before, during or after criminal proceedings;

Amendment 151 #

Proposal for a directive
Article 1 – paragraph 1 – point c

(c) ~~victims’ protection and victims’ support~~measures for protection, support and reparation for victims of all forms of gender-based violence.

Amendment 152 #

Proposal for a directive
Article 1 – paragraph 1 – point c a (new)

(c a) the establishmend and development of minimum rules on prevention measures.

Amendment 153 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 1 – paragraph 1 – point c a (new)

(c a) preventive measures.

Amendment 154 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 2 – paragraph 1

1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of gender or sex and other grounds, as well as other victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35 (1) and Article 37(7).

Amendment 155 #

Proposal for a directive
Article 2 – paragraph 1

Amendment 156 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) acts of ~~violence against women~~gender-based violence or domestic violence as criminalised under other instruments of Union law;

Amendment 157 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) any other acts of ~~violence against women~~gender-based violence or domestic violence as criminalised under national law.

Amendment 158 #

Proposal for a directive
Article 4 – paragraph 1 – point a

(a) “violence against women” means gender-based violence or harassment, that is directed against a woman or a girl because she is a woman or a girl or that affects women or girls disproportionately, including all acts of such violence that aim at, result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life and whether of a single occurrence or repeated;

Amendment 159 #

Proposal for a directive
Article 4 – paragraph 1 – point a

(a) “gender-based violence against women” means gender-based violence, that is directed against a woman or a girl because she is a woman or a girl or that affects women or girls disproportionately, including all acts of such violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life or at work;

Amendment 160 #

Proposal for a directive
Article 4 – paragraph 1 – point a

(a) “violence against women” means ~~gender-based~~ violence, that is directed against a woman or a girl because she is a woman or a girl or that affects women or girls disproportionately, including all acts of such violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;

Amendment 161 #

Proposal for a directive
Article 4 – paragraph 1 – point a a (new)

(a a) “gender-based violence” means violence, or threats of such violence, that is directed against a person because of that person's gender, gender identity, gender expression or sex characteristics;

Amendment 162 #

Stefania ZAMBELLI, Elena LIZZI, Simona BALDASSARRE, Paola GHIDONI, Antonio Maria RINALDI

Proposal for a directive
Article 4 – paragraph 1 – point b

(b) “domestic violence” means all acts of violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the offender shares or has shared a residence with the victim; domestic violence shall also include acts that occur within a family or domestic unit which prevent a person from entering or remaining in the labour market;

Amendment 163 #

Proposal for a directive
Article 4 – paragraph 1 – point c

(c) “"victim”" means any person~~, regardless of sex or gender, unless specified otherwise,~~ who has suffered harm, which was directly caused by acts of violence covered under this Directive, including child witnesses of such violence;

Amendment 164 #

Proposal for a directive
Article 4 – paragraph 1 – point c

(c) “victim” means any person, regardless of sex or gender, unless specified otherwise, who has suffered harm, which was directly caused by acts of violence covered under this Directive, including child or other vulnerable witnesses of such violence;

Amendment 165 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 4 – paragraph 1 – point f a (new)

(f a) “the world of work” means the workplace, including public and private spaces where they are a place of work, places where the worker is paid, takes a rest break or a meal, or uses sanitary, washing and changing facilities, work- related trips, travel, training, events or social activities, work-related communications, including those enabled by information and communication technologies, employer-provided accommodation and commuting to and from work;

Amendment 166 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 4 – paragraph 1 – point g

(g) “~~sexual harassment at work” means any form of~~gender-based violence and harassment in the world of work” means any form of violence and harassment directed at persons because of their sex or gender, or affecting persons of a particular sex or gender disproportionately, in particular sexual harassment which includes any unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising in matters of jobseeking, training including interns and apprentices, employment, occupation and self-employment in both the public and private sector, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;

Amendment 167 #

Proposal for a directive
Article 4 – paragraph 1 – point g

(g) “sexual harassment at work” means any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising in matters of employment, occupation and self-employment, including informal and undocumented work, with the purpose or effect of violating the dignity of the victim or of other forms of physical, psychological, sexual and economic harm, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment, including where a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for job-related decisions ;

Amendment 168 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 4 – paragraph 1 – point g

(g) “sexual harassment at work” means any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising in matters of employment, occupation and self-employment, including in the informal sector and regardless of the residence status of the worker concerned, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;

Amendment 169 #

Proposal for a directive
Article 4 – paragraph 1 – point g

(g) “sexual harassment atin the world of work” means any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising in matters of employment, occupation and self- employment, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;

Amendment 170 #

Proposal for a directive
Article 4 – paragraph 1 – point g a (new)

(g a) “sexual harassment” means any form of unwanted physical, verbal, non- verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;

Amendment 171 #

Proposal for a directive
Article 4 – paragraph 1 – point j a (new)

(j a) “gender” means the socially constructed roles, behaviours, activities, and attributes that a given society considers appropriate within the binary construction of gender as male and female.

Amendment 172 #

Proposal for a directive
Article 4 – paragraph 1 – point j b (new)

(j b) “specialist services” means intersectional feminist services that support women and their children as well as other victims of gender-based violence. These services include but are not limited to women’s support centres, women’s shelters, helplines, rape crisis or sexual violence referral centres, as well as primary prevention services. WSS are typically run by non-governmental feminist women’s organisations.

Amendment 173 #

Proposal for a directive
Article 5 – paragraph 1 – point a

(a) engaging with a woman or another person in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;

Amendment 174 #

(b) causing a woman or another person to engage with another person in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.

Amendment 175 #

Proposal for a directive
Article 5 – paragraph 2

2. An act shall be considered consensual only if it is based on voluntary consent as the result of free will of the person concerned, assessed in the context of the surrounding consequences. Member States shall ensure that a non- consensual act is understood as an act which is performed without the woman’s consent given voluntarily or where the woman is unable to form a free will due to her physical or mental condition, thereby exploiting her incapacity to form a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability.

Amendment 176 #

Proposal for a directive
Article 5 – paragraph 3

3. Consent is needed for each separate act and can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance or past sexual conduct, or existing or past relationship with the offender.

Amendment 177 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 6 a (new)

Article 6 a Forced sterilisation 1. Member States shall ensure that the intentional conduct of performing surgery which has the purpose or effect of terminating a woman’s capacity to naturally reproduce without her prior and informed consent or understanding of the procedure is punishable as a criminal offence. 2. Member States shall ensure that the prior and informed consent of the woman to undergo through the surgery referred to in paragraph 1 cannot be replaced by the consent of a parent, legal guardian or court’s decision.

Amendment 178 #

Article 6 a Surrogacy Member States shall ensure that the third party reproductive practice in which intending parent(s) or any intermediary contract a surrogate mother to give birth to a child while using her particular circumstances, such as financial difficulties, socially vulnerable position, migratory status or other vulnerabilities is considered a human-rights violation and thus punishable as a criminal offence.

Amendment 179 #

Proposal for a directive
Article 7 – paragraph 1 – point a

(a) making intimate images, or videos or other material, including those depicting sexual activities, of another person without that person’s consent accessible to ~~a multitude of~~other end-users by means of information and communication technologies;

Amendment 180 #

Proposal for a directive
Article 7 – paragraph 1 – point b

(b) producing or manipulating and subsequently making accessible to ~~a multitude of~~other end-users, by means of information and communication technologies, images, videos or other material, making it appear as though another person is engaged in sexual activities, without that person’s consent;

Amendment 181 #

Proposal for a directive
Article 8 – paragraph 1 – point a

(a) persistently engaging in threatening, coercing or intimidating conduct directed at another person, by means of information and communication technologies, which causes that the person fears for own safety or that the person fears for safety of ~~dependant~~home environment, including family dependants, relatives or partners;

Amendment 182 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 8 – paragraph 1 – point b

(b) placing another person under continuous surveillance, without that person’s direct and unambiguous consent or legal authorisation to do so, by means of information and communication technologies, to track or monitor that person’s movements and activities, including in the context of the world of work ;

Amendment 183 #

Proposal for a directive
Article 8 – paragraph 1 – point c

(c) making material containing the personal data of another person, without that person’s consent, accessible to a multitude of end-users, by means of information and communication technologies, for the purpose of inciting those end-users to cause ~~physical~~or threaten to cause physical or economic, or significant psychological harm to the person.

Amendment 184 #

Proposal for a directive
Article 8 – paragraph 1 – point c

(c) making material containing the personal data of another person, without that person’s consent, accessible to a multitude of end-users, by means of information and communication technologies, for the purpose of inciting those end-users to cause physical, economic or significant psychological harm to the person.

Amendment 185 #

Proposal for a directive
Article 8 – paragraph 1 – point c

(c) making ~~material containing~~ the personal data of another person, without that person’s consent, accessible to ~~a multitude of~~other end-users, by means of information and communication technologies, for the purpose of inciting those end-users to cause ~~physical or significant~~or threaten to cause physical, economic or psychological harm or damage to the person.

Amendment 186 #

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) initiating an attack publicly or with third parties directed at another person, by making threatening or insulting material accessible to ~~a multitude of~~other end-users, by means of information and communication technologies, with the effect of causing ~~significant~~ psychological and economic harm to the attacked person, including in the context of the world of work ;

Amendment 187 #

Proposal for a directive
Article 10 – paragraph 1

Member States shall ensure that the intentional conduct of inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex or gender, or other protected groups under EU law, as referenced in Article 2 of this directive, by disseminating to the public material containing such incitement to violence or hatred by means of information and communication technologies is punishable as a criminal offence.

Amendment 188 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 12 – paragraph 4

4. Member States shall ensure that the criminal offences referred to in Article 6 isand 6a are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.

Amendment 189 #

Proposal for a directive
Article 13 – paragraph 1 – point a

(a) the offence, or another criminal offence of ~~violence against women~~gender-based violence or domestic violence, was committed repeatedly;

Amendment 190 #

Proposal for a directive
Article 13 – paragraph 1 – point b

(b) the offence was committed against a person made vulnerable by particular circumstances, such as residence status, a situation of dependence, employment or service relationships, or a state of physical, mental, intellectual or sensory disability, or distress or living in institutions, including reception centres, detention facilities or accommodation centres for asylum seekers;

Amendment 191 #

Proposal for a directive
Article 13 – paragraph 1 – point b

(b) the offence was committed against a person made vulnerable by particular circumstances, such as a situation of dependence or a state of physical, mental, intellectual or sensory disability, or living in institutions, or precarious working arrangements or residence status;

Amendment 192 #

Proposal for a directive
Article 13 – paragraph 1 – point b

(b) the offence was committed against a person made vulnerable by particular circumstances, such as a situation of dependence including financial dependence or a state of physical, mental, intellectual or sensory disability, or living in institutions;

Amendment 193 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR

Proposal for a directive
Article 13 – paragraph 1 – point b

(b) the offence was committed against a person made vulnerable by particular circumstances, such as a situation of dependence or subordination or a state of physical, mental, intellectual or sensory disability, or living in institutions;

Amendment 194 #

Proposal for a directive
Article 13 – paragraph 1 – point b

(b) the offence was committed against a person made vulnerable by particular circumstances, such as older age or a situation of dependence or a state of physical, mental, intellectual or sensory disability, or living in institutions;

Amendment 195 #

Proposal for a directive
Article 13 – paragraph 1 – point b a (new)

(b a) the offense was committed against elected women and women holding public office at all levels;

Amendment 196 #

Proposal for a directive
Article 13 – paragraph 1 – point d

(d) the offence was committed in the presence of a child or other vulnerable person;

Amendment 197 #

Proposal for a directive
Article 13 – paragraph 1 – point m

(m) the offence was committed by abusing a hierarchical chain of command or subordination or a recognised position of trust, authority or influence;

Amendment 198 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 15 – paragraph 3

3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Article 6 and 6a of at least 10 years from the time when the offence was committed.

Amendment 199 #

Proposal for a directive
Article 16 – title

Reporting of ~~violence against women~~gender-based violence or domestic violence

Amendment 200 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 16 – paragraph 1

1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting criminal offences online or through other information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence. Complaint mechanisms should be accessible also for victims without digital skills, victims living in remote or rural areas with a difficult access to digital tools and internet as well as for persons with disabilities.

Amendment 201 #

Proposal for a directive
Article 16 – paragraph 1

1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims, including those with disabilities and living in institutions, can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner, including through the use of Braille and sign language. This shall include the possibility of reporting criminal offences online or through other accessible information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.

Amendment 202 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 16 – paragraph 1

1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims, including victims with disabilities or living in institutions, can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting criminal offences online or through other accessible information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.

Amendment 203 #

Proposal for a directive
Article 16 – paragraph 1

1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims can report criminal offences of ~~violence against women~~gender-based violence or domestic violence to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting criminal offences online or through other information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.

Amendment 204 #

Proposal for a directive
Article 16 – paragraph 2

2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that offences of ~~violence against women~~gender-based violence or domestic violence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities without fear of reprisals or negative consequences.

Amendment 205 #

Proposal for a directive
Article 16 – paragraph 4

4. Where children report criminal offences of ~~violence against women~~gender-based violence or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. If the offence involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.

Amendment 206 #

Proposal for a directive
Article 16 – paragraph 5

5. Member States shall ensure that the competent authorities coming in contact with a victim reporting offences of ~~violence against women~~gender- based violence or domestic violence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment referred to in Article 18.

Amendment 207 #

Proposal for a directive
Article 16 – paragraph 5 a (new)

5 a. Member State shall ensure effective reporting mechanisms and procedures in cases of violence and harassment in the world of work.Member States shall take the necessary measures to ensure protection against the victimisation of or retaliation against complainants, victims, witnesses and whistle-blowers and ensure the protection of the privacy of those individuals involved and confidentiality and ensure that requirements for privacy and confidentiality are not misused. Member states shall ensure that providing evidence should not represent a burden for the victims or contribute to further victimisation.

Amendment 208 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall ensure that persons, units or services investigating and prosecuting ~~violence against women~~gender-based violence or domestic violence have sufficient expertise, capacity and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.

Amendment 209 #

Proposal for a directive
Article 17 – paragraph 2

2. Member States shall ensure that reported offences of ~~violence against women~~gender-based violence or domestic violence are processed and transferred without delay to the competent authorities for prosecution and investigation.

Amendment 210 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 17 – paragraph 3

3. The competent authorities shall promptly and effectively record and investigate allegations of ~~violence against women~~gender-based violence or domestic violence and ensure that an official complaint is filed in all cases.

Amendment 211 #

Proposal for a directive
Article 18 – paragraph 4

4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex or gender and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.

Amendment 212 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 18 – paragraph 6

6. The individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as civil society organisations, victim protection centres and women’s shelters, social services and healthcare professionals as well as the social partners where the victim's experience occurs in the context of the world of work.

Amendment 213 #

Proposal for a directive
Article 18 – paragraph 6

Amendment 214 #

Proposal for a directive
Article 18 – paragraph 7

7. Competent authorities shall update the individual assessment at regular intervals to ensure the protection measures ~~relate to~~effectively and sufficiently address the victim’s current situation and needs. This shall include an assessment of whether protection measures, in particular under Article 21, need to be adapted or taken.

Amendment 215 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 20 – paragraph 1

Amendment 216 #

Proposal for a directive
Article 21 – paragraph 1

1. Member States shall ensure that, in situations of immediate danger for the victim’s or their dependant’s health or safety, the competent authorities issue orders addressed at an offender or suspect of violence covered by this Directive to vacate the residence of the victim or their dependants for a sufficient period of time and to prohibit the offender or suspect from entering the residence or to enter or contact the victim’s workplace or contacting the victim or their dependants in any way. Such orders shall have immediate effect and not be dependent on a victim reporting the criminal offence.

Amendment 217 #

Proposal for a directive
Article 23 – paragraph 1 – introductory part

Member States shall issue guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of ~~violence against women~~gender-based violence or domestic violence. Those guidelines shall include guidance on:

Amendment 218 #

Proposal for a directive
Article 23 – paragraph 1 – point a a (new)

(a a) how to apply a gender-responsive and intersectional approach in all actions and measures;

Amendment 219 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a directive
Article 23 – paragraph 1 – point c

Amendment 220 #

Proposal for a directive
Article 23 – paragraph 1 – point c

Amendment 221 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 23 – paragraph 1 – point e

(e) how to cater to the enhanced protection and support needs of victims experiencing discrimination based on a combination of sex or gender and other grounds;

Amendment 222 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 23 – paragraph 1 – point f

(f) how to avoid gender stereotypes and unconscious bias;

Amendment 223 #

Proposal for a directive
Article 23 – paragraph 1 – point f

(f) how to avoid ~~gender~~ stereotypes;

Amendment 224 #

Proposal for a directive
Article 23 – paragraph 1 – point g

(g) how to refer victims to appropriate, timely and accessible support services, to ensure the appropriate treatment of victims and handling of cases of violence against women or domestic violence.

Amendment 225 #

Proposal for a directive
Article 23 – paragraph 1 – point g

(g) how to refer victims to support services, to ensure the appropriate treatment of victims and handling of cases of ~~violence against women~~gender-based violence or domestic violence.

Amendment 226 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point a

(a) provide independent assistance and advice to victims of ~~violence against women~~gender-based violence and domestic violence and witnesses;

Amendment 227 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c

(c) exchange available information with corresponding European bodies ~~such as the European Institute for Gender Equality~~.

Amendment 228 #

Proposal for a directive
Article 24 – paragraph 2

2. Member States shall ensure that the bodies referred to in paragraph 1 can act on behalf or in support of one or several victims of ~~violence against women~~gender-based violence or domestic violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.

Amendment 229 #

Proposal for a directive
Article 26 – paragraph 1

1. Member States shall ensure that victims have the right to claim full compensation from offenders for damages resulting from all forms of ~~violence against women~~gender-based violence or domestic violence.

Amendment 230 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 26 – paragraph 4

4. The damage shall include costs for healthcare services, support services, rehabilitation, loss of income ~~and other reasonable~~, employment related benefits and opportunities and other costs that have arisen as a result of the offence or to manage its consequences. The amount of the damages awarded shall also compensate for physical and psychological harm and moral prejudice.

Amendment 231 #

Proposal for a directive
Article 27 – paragraph 1 – introductory part

1. Member States shall ensure that free of charge, confidential, specialist support services referred to in Articles 8(3) and 9(3) of Directive 2012/29/EU are available for victims of acts of violence covered by this Directive. Member States shall ensure that the specialist support services be made available to accomodate people with disabilities. The specialist support services shall provide:

Amendment 232 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 27 – paragraph 1 – point a

(a) ~~advice and~~ information, advice and support on any relevant legal or practical matters arising as a result of the crime, including on access to adequate housing, education, training and assistance to remain in or find employment. Accessible housing shall be provided when needed;

Amendment 233 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 27 – paragraph 1 – point a

(a) advice and information on any relevant legal or practical matters arising as a result of the crime, including on access to affordable, appropriate and accessible housing, education, training and assistance to remain in or find employment;

Amendment 234 #

Proposal for a directive
Article 27 – paragraph 1 – point a

(a) advice and information on any relevant legal or practical matters arising as a result of the crime, including on access to decent housing, education, training and assistance to remain in or find quality employment;

Amendment 235 #

Proposal for a directive
Article 27 – paragraph 2

2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of ~~violence against women and domestic violence.~~ gender-based violence and domestic violence. In order to ensure effective access to such support services, victims should be ensured paid leave, protection from dismissal and against discriminaiton in employment and flexible working arrangements.

Amendment 236 #

Stefania ZAMBELLI, Elena LIZZI, Simona BALDASSARRE, Paola GHIDONI, Antonio Maria RINALDI

Proposal for a directive
Article 27 – paragraph 2

Amendment 237 #

Proposal for a directive
Article 27 – paragraph 2

Amendment 238 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 27 – paragraph 2

Amendment 239 #

Proposal for a directive
Article 27 – paragraph 3

3. Member States shall ensure sufficient human and financial resources to provide the services referred to in paragraph 1, especially those referred to in point (c) of that paragraph, including where such services are provided by non- governmental organisations. Member States shall particularly ensure sufficient human and financial resources for institutions and organisations providing legal aid, healthcare and social protection.

Amendment 240 #

Proposal for a directive
Article 27 – paragraph 3

Amendment 241 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 27 – paragraph 3

3. Member States shall ensure sufficient human and financial resources to provide the services referred to in paragraph 1, especially those referred to in points (a) and (c) of that paragraph, including where such services are provided by non- governmental organisations.

Amendment 242 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 27 – paragraph 4

Amendment 243 #

Proposal for a directive
Article 27 – paragraph 4

Amendment 244 #

Stefania ZAMBELLI, Elena LIZZI, Simona BALDASSARRE, Paola GHIDONI, Antonio Maria RINALDI

Proposal for a directive
Article 27 – paragraph 4 – point a (new)

(a) Victim protection and assistance services shall be provided as far as possible in accordance with the right of subsidiarity; Member States shall accordingly provide the local authorities able to assist the victim most directly at municipal or regional level with suitable economic and human resources.

Amendment 245 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 27 – paragraph 5

5. Member States shall issue guidelines and protocols for healthcare and social service professionals, labour inspectors and other competent bodies responsbile for the monitoring and enforcement of employment and social legislation, on identifying and providing appropriate support to victims of all forms of ~~violence against women~~gender-based violence and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds of discrimination.

Amendment 246 #

Proposal for a directive
Article 27 – paragraph 5

5. Member States shall issue guidelines and protocols for healthcare and social service professionals and the social partners on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing intersectional discrimination based on a combination of sex or gender and other grounds of discrimination.

Amendment 247 #

Proposal for a directive
Article 27 – paragraph 6

6. Member States shall ensure that specialist support services remain fully operational for victims of ~~violence against women~~gender-based violence and domestic violence in times of crisis, such as health crises or other states of emergency.

Amendment 248 #

Proposal for a directive
Article 28 – paragraph 1

1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence, which should clarify whether the motives were related to the sex or gender and other personal characteristics of the victim . These centres shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.

Amendment 249 #

Proposal for a directive
Article 28 – paragraph 1 a (new)

1 a. Member States shall implement workplace support systems for victims of gender based violence including sexual harassment and domestic violence encompassing flexible and tailored support which should include paid leave, options to reduce or change work tasks for an agreed period of time, domestic violence risk assessment, financial support in cases of financial abuse, and personalised safety plans, amongst other to support from external gender based violence and domestic violence support organisations.

Amendment 250 #

Proposal for a directive
Article 28 – paragraph 1 b (new)

1 b. Member States shall ensure victims are able to take a minimum of 5 days of safe leave, not dependant on the filing of a formal complaint, which shall guarantee them the time to take any measures necessary to ensure the health and/or safety of themselves and their dependants, regardless of any other leave arrangements and independent from any other contractual obligations of the victim.

Amendment 251 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 29 a (new)

Article 29 a Specialist support for victims of forced sterilisation 1. Member States shall ensure effective, disability-appropriate support to victims of forced sterilisation, including by providing gynecological, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been perpetrated and for as long as necessary thereafter. 2. Article 27(3) and (6) and Article 28(2) shall be applicable to the provision of support for victims of forced sterilisation.

Amendment 252 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 30 – title

Specialist support for victims of sexual harassment at, cyber violence and third-party violence in the world of work

Amendment 253 #

Proposal for a directive
Article 30 – title

30 Specialist support for victims of sexual harassment at, cyber violence and third-party violence in the world of work

Amendment 254 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 30 – title

Specialist support for victims of ~~sexual harassment at~~gender- based violence and harassment in the world of work

Amendment 255 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 30 – paragraph 1

Member States shall, in consultation with the social partners, ensure external counselling services are available for victims and employers in cases of sexual harassment at work. These services shall include psychological counselling and free legal advice for the victims, advice on adequately preventing and addressing such instances at the workplace, ~~on legal remedies available to the employer~~including through occupational health and safety measures, and on legal remedies available to victims and the employer, including with regard to removeing the offender from the workplace, and providing the possibility of early conciliation, if the victim so wishes. Member States shall ensure that employers have the obligation to inform their workers, at the start of their contract, on anti-harassment policies and procedures in place, the workers’ rights in instances of harassment and violence against them in the workplace and accessing external counselling services as stipulated in paragraph 1 of this Article. The costs of such counselling services and legal services shall be borne by national competent authorities or by the employer. Member States shall ensure proper and adequate funding mechanisms for programmes and actions to combat harassment in the the world of work, including mechanisms to support women in reporting cases of harassment. Workers shall have the right to receive support and representation from their trade union, and to have access to information on available remedies and access to legal remedies. Trade union representatives shall be able to support workers in any relevant proceedings.

Amendment 256 #

Proposal for a directive
Article 30 – paragraph 1

Member States shall, in consultation with the social partners, take measures to ensure external counselling services and legal services are available for victims ~~and employers~~ in cases of sexual harassment at work or cyber violence and harassment at work. These services shall include advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace ~~and providing the possibility of early conciliation, if the victim so wishes~~pending the outcome of dismissal procedure .The possibility of early conciliation should be available only if the victim so wishes .The costs of such counselling services and legal services shall be covered by the Member State or by the employer .

Amendment 257 #

Proposal for a directive
Article 30 – paragraph 1

Member States shall ensure external counselling services are available for victims and employers in cases of sexual harassment at work. These services shall include advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes. Companies shall be assisted in meeting their obligation to protect the health and safety of their workers, with Member States taking particular care not to place too heavy a burden on SMEs.

Amendment 258 #

Margarita DE LA PISA CARRIÓN

Proposal for a directive
Article 30 – paragraph 1

Member States shall, in consultation with the social partners, take measures to ensure external counselling services and legal services are available for victims and employers in cases of sexual harassment at work or cyber violence and harrassment at work. These services shall include advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace ~~and providing t~~. The possibility of early conciliation~~, if the victim so wishes~~ should be available only if the victim so wishes. The costs of such counselling services and legal services shall be covered by the Member State or by the employer.

Amendment 259 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 30 – paragraph 1

Member States shall ensure external specialised, gender-sensitive, free of charge and confidential counselling services are available for ~~victim~~both workers and employers in cases of gender-based violence and harassment, particularly sexual harassment atin the world of work. These services shall include advice on adequately preventing and addressing such instances atin the wor~~kplac~~ld of work including through social dialogue, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes.

Amendment 26 #

Proposal for a directive
–

The Committee on Employment and Social Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality, as the committees responsible, to propose rejection of the proposal from the European Commission.

Amendment 260 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 30 – paragraph 1 a (new)

Member States shall ensure that victims of sexual harassment at work or cyber violence and harassment at work including victims of domestic violence shall be entitled to paid leave in order to attend counselling services and to paid leave of appropriate duration. Workers shall have the right to receive support and representation from their trade union, and to have access to information on available remedies and access to legal remedies. Trade union representatives shall be able to support workers in any relevant proceedings.

Amendment 261 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 30 – paragraph 1 a (new)

Workers shall have the right to receive support and representation from their trade union, to have access to information on available remedies and access to legal remedies. Trade union representatives shall be able to support workers in any relevant proceedings.

Amendment 262 #

Proposal for a directive
Article 30 – paragraph 1 b (new)

Member States shall ensure that employers take appropriate measures to prevent and address instances of sexual harassment, cyber violence and third- party violence at work. Employers must be prevented from direct and indirect discrimination of workers on the basis that they have sought to vindicate their rights under this Directive, taken a claim, or been proved to be a victim of sexual harassment, domestic violence, cyber violence, and / or exposed to non- consensual sharing of intimate or manipulated material.

Amendment 263 #

Eugenia RODRÍGUEZ PALOP, Konstantinos ARVANITIS

Proposal for a directive
Article 30 – paragraph 1 b (new)

Amendment 264 #

Proposal for a directive
Article 30 a (new)

Article 30 a Support at work for victims of domestic violence 1. Member States shall ensure that employers, in cooperation with the social partners, take appropriate measures to provide a safe working environment and support to victims of domestic violence, and to ensure that consequences of such violence on the safety of victims and co- workers and on productivity and performance at work are not taken into account in performance evaluations. Workers shall have the right to receive support from a trade union as well as the health and safety representative at the workplace. 2. Victims of domestic violence shall be entitled to a specific paid leave of appropriate duration, distinct from other ordinary leave rights such as annual, sick and bereavement leaves. They shall also be entitled to flexible work arrangements according to their needs, including: a) a prior right to the change of workplace centre, with a 6 months right to return to the same job, as well as a right to geographical mobility in the same terms when the company has workplaces in other regions; b) a reduction of working hours, with a proportional reduction in salary, as well as flexible working time arrangements; c) the suspension of the employment relationship, with a 6 months right to return to the job and entitlement to access to unemployment benefits; d) the extinction of the employment contract, with the right to access to unemployment benefits; e) temporary protection against dismissal for victims of domestic violence, as appropriate, except on grounds unrelated to domestic violence and its consequences. 3. Member states shall take measures to support self-employed victims of domestic violence who have to cease their activity for safety reasons or to exercise their rights as victims.

Amendment 265 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 30 a (new)

Article 30 a Support at work for victims of violence against women and domestic violence 1. Member States shall ensure that employers, in cooperation with trade union representatives, take appropriate measures to provide a safe working environment and support to victims of domestic violence, and to ensure that consequences of domestic violence on the safety of victims and co-workers and on productivity and performance at work are not taken into account in performance evaluations. Workers shall have the right to receive support from a trade union and the workplace health and safety representative. 2. Member States shall ensure that victims of sexual harassment or cyber violence and harassment at work, including victims of domestic violence, shall be entitled to paid leave of appropriate duration in order to attend to their needs, seek counselling services and extract themselves from the abusive environment.

Amendment 266 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 30 a (new)

Article 30 a Domestic violence leave 1. Member States may take the necessary measures to ensure that each worker has the right to paid domestic violence leave where they have at least six months’ service with the same employer and have completed their probationary period, if any. Member States may determine additional details regarding the scope, duration and conditions of domestic violence leave in accordance with national law or practice. The use of that right may be subject to appropriate substantiation, in accordance with national law or practice. Any information provided for such substantiation shall be confidential and shall be shared with a restricted number of actors in order to safeguard the worker's right to privacy and data protection. 2. Domestic violence leave shall be separate to any other leave entitlements such as annual leave, sick leave and bereavement leave.

Amendment 267 #

Proposal for a directive
Article 30 a (new)

Article 30 a Support at work for victims of domestic violence 1. Member States shall ensure that employers, in cooperation with trade union representatives, take appropriate measures to provide a safe working environment and support to victims of domestic violence, and to ensure that consequences of domestic violence on the safety of victims and co-workers and on productivity and performance at work are not taken into account in performance evaluations. Workers shall have the right to receive support from a trade union and the workplace health and safety representative. 2. Victims of domestic violence shall be entitled to paid leave of appropriate duration.

Amendment 268 #

Proposal for a directive
Article 30 a (new)

Article 30 a Support at work for victims of domestic violence 1. Member States shall ensure that employers, in cooperation with trade union representatives, take appropriate measures to provide a safe working environment and support to victims of domestic violence, and to ensure that consequences of domestic violence on the safety of victims and on productivity and performance at work are not taken into account in performance evaluations. Workers shall have the right to receive support from a trade union and the workplace health and safety representative. 2. Victims of domestic violence shall be entitled to paid leave of appropriate duration.

Amendment 269 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 30 b (new)

Article 30 b Flexible working arrangements 1. Member States shall take the necessary measures to ensure that workers experiencing gender-based violence or domestic violence, have the right to request short-term flexible working arrangements, the duration of which shall be determined by the Member States. 2. Employers shall consider and respond to requests for short-term flexible working arrangements as referred to in paragraph 1 within 48 hours, taking into account the needs of both the employer and the worker. Employers shall provide reasons for any refusal of such a request or for any postponement of such arrangements. 3. The worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern before the end of the agreed period where justified on the basis of a change of circumstances. The employer shall consider and respond to a request for an early return to the original working pattern, taking into account the needs of both the employer and the worker. 4. Member States may make the right to request short-term flexible working arrangements subject to a period of work qualification or to a length of service qualification, which shall not exceed six months. In the case of successive fixed- term contracts within the meaning of Directive 1999/70/EC with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period.

Amendment 27 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Title 1

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating ~~violence against women~~gender-based violence and domestic violence

Amendment 270 #

Proposal for a directive
Article 30 b (new)

Article 30 b Collective bargaining on harassment at work and domestic violence 1. Member States shall ensure that trade unions are able to bargain collectively on workplace measures to prevent and address sexual harassment at work and cyber violence at work, and to identify and support victims of domestic violence. 2. Member States shall take measures to promote collective bargaining on workplace practices on preventing and addressing instances of sexual harassment, cyber violence and domestic violence, including through awareness- raising and training of employers, trade union representatives and workplace health and safety representatives.

Amendment 271 #

Proposal for a directive
Article 30 b (new)

Article 30 b Collective bargaining 1. Member States shall ensure that trade unions are able to bargain collectively on workplace measures to prevent and address gender-based violence, sexual harassment at work and cyber violence at work, and to identify and support victims of domestic violence. 2. Member States shall take measures to promote collective barganing on workplace practices on preventing and addressing instances of gender-based violence, sexual harassment, cyber violence and domestic violence, including through awareness-raising and training of employers, trade union representatives and workplace health and safety representatives.

Amendment 272 #

Proposal for a directive
Article 30 b (new)

Article 30 b Collective bargaining on harassment at work and domestic violence 1. Member States shall ensure that trade unions are able to bargain collectively on workplace measures to prevent and address sexual harassment and cyber violence at work, and to identify and support victims of domestic violence. 2. Member States shall take measures to promote collective barganing on workplace practices on preventing and addressing instances of sexual harassment, cyber violence and domestic violence, including through awareness- raising and training of employers, trade union representatives and workplace health and safety representatives.

Amendment 273 #

Proposal for a directive
Article 31 – paragraph 1

1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advice for victims of violence against women and domestic violence. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications. Member States shall take into consideration language barriers and provide services accessible in more languages than the one officially recognized in the country.

Amendment 274 #

Proposal for a directive
Article 31 – paragraph 1

1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advice for victims of ~~violence against women~~gender-based violence and domestic violence. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications.

Amendment 275 #

Proposal for a directive
Article 31 – paragraph 4

4. [Member States shall ensure that the service under paragraph 1 for victims of ~~violence against women~~gender-based violence is operated under the harmonised number at EU level “116 016” and that the end-users are adequately informed of the existence and use of such number.]

Amendment 276 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 32 – paragraph 1 a (new)

1 a. The shelters and other appropriate interim accommodations shall be accessible and equipped to accommodate the specific needs of victims with disabilities or different language and cultural backgrounds.

Amendment 277 #

Proposal for a directive
Article 32 – paragraph 1 a (new)

1 a. The shelters and other appropriate interim accommodations shall be accessible and equipped to accommodate the specific needs of victims with disabilities.

Amendment 278 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 32 – paragraph 2

2. The shelters and other appropriate interim accommodations shall be equipped to accommodate the specific needs of single-parent families and children, including child victims.

Amendment 279 #

Proposal for a directive
Article 32 – paragraph 2 a (new)

2 a. Member States shall ensure that shelters and other appropriate interim accommodations shall be made available to accommodate the specific needs of victims with disabilities.

Amendment 28 #

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(2) ~~and~~, Article 83(1), Article 153 and Article 156 thereof,

Amendment 280 #

Proposal for a directive
Article 33 – paragraph 1

Amendment 281 #

Proposal for a directive
Article 34 – paragraph 1

Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of ~~violence against women~~gender-based violence or domestic violence, to the extent that the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child.

Amendment 282 #

Proposal for a directive
Article 35 – paragraph 1

1. Member States shall ensure the provision of specific support to victims at an increased risk of ~~violence against women~~gender-based violence or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, LBTIQ women and other LGBTIQ people subject to gender-based violence, women sex workers, women detainees, or older women.

Amendment 283 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 35 – paragraph 1

1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, LBTI+ women, expectant and new mothers, women with a minority racial or ethnic background, women sex workers, women detainees, or older women.

Amendment 284 #

Proposal for a directive
Article 35 – paragraph 1

1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women ~~sex workers~~in prostitution, women detainees, or older women.

Amendment 285 #

Proposal for a directive
Article 35 – paragraph 3

3. The support services shall be available for third-country nationals who are victims of ~~violence against women~~gender-based violence and domestic violence, including for applicants for international protection, for undocumented persons and for persons subject of return procedures in detention. Member States shall ensure that victims who request so may be kept separately from persons of the other sex in detention facilities for third-country nationals subject of return procedures, or accommodated separately in reception centres for applicants for international protection.

Amendment 286 #

Proposal for a directive
Article 35 – paragraph 4

4. Member States shall ensure that persons can report occurrences of ~~violence against women~~gender- based violence or domestic violence in reception and detention centres to the relevant staff and that protocols are in place to adequately and swiftly address such reports in accordance with the requirements in Article 18, 19 and 20.

Amendment 287 #

Proposal for a directive
Article 36 – paragraph 1

1. Member States shall take appropriate actions to prevent ~~violence against women~~gender- based violence and domestic violence.

Amendment 288 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 36 – paragraph 1 a (new)

1 a. Member States shall ensure that employers take the necessary actions to prevent gender-based violence and harassment in the world of work, including by: (a) adopting and implementing, in consultation with workers and trade unions, a workplace policy on violence and harassment; (b) taking into account violence and harassment and associated psychosocial risks in the management of occupational safety and health;and (c) identifying hazards and assessing the risks of violence and harassment, with the participation of workers and their representatives, and taking measures to prevent and control them; Member States should ensure that measures to prevent violence and harassment at work do not result in the restriction of the participation in specific jobs, sectors or occupations, or their exclusion therefrom, of women.

Amendment 289 #

Proposal for a directive
Article 36 – paragraph 2

2. Preventive measures shall include awareness-raising campaigns, in particular campaigns aimed at tackling stigma surrounding domestic and gender-based violence, informing victims of available supports and educating all persons on recognising signs of violence and how to support victims safely, as well as other measures such as social dialogue and collective bargaining, research and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.

Amendment 29 #

Proposal for a directive
Recital 1

(1) The purpose of this Directive is to provide a comprehensive framework to effectively combat ~~violence against women~~gender-based violence and domestic violence throughout the Union. It does so by strengthening and introducing measures in the following areas: the definition of relevant criminal offences and penalties, the protection of victims and access to justice, victim support, prevention, coordination and cooperation.

Amendment 290 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 36 – paragraph 3

3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures available to the general public, taking into account cultural and language barriers, and in formats accessible to persons with disabilities.

Amendment 291 #

Proposal for a directive
Article 36 – paragraph 3

3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures available to the general public and in formats accessible to persons with disabilities.

Amendment 292 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 36 – paragraph 4

4. Targeted action shall be addressed to groups at risk, including children, according to their age and maturity, ~~and~~older persons, persons with disabilities, persons living in institutions, LGBTI+ persons, migrants, refugees, expectant and new parents and persons experiencing homelessness taking into consideration language barriers and different levels of literacy and abilities. Information for children shall be formulated in a child- friendly way.

Amendment 293 #

Proposal for a directive
Article 36 – paragraph 4

4. Targeted action shall be addressed to groups at risk, including children, according to their age and maturity, and persons with disabilities, taking into consideration language and cultural barriers and different levels of literacy and abilities. Information for children shall be formulated in a child-friendly way.

Amendment 294 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 36 – paragraph 5

5. Preventive measures shall in particular aim at challenging and dismantling harmful gender stereotypes, promoting equality between women and men as well as respect of consent and bodily autonomy, encouraging all persons, including men and boys, to act as positive role models in combatting gender-based and domestic violence in order to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.

Amendment 295 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 36 – paragraph 6

6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation and forced sterilisation.

Amendment 296 #

Proposal for a directive
Article 36 – paragraph 6

6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation and forced sterilisation.

Amendment 297 #

Proposal for a directive
Article 36 – paragraph 8

8. Member States shall ~~ensure that sexual harassment~~, in consultation with the social partners, ensure that gender-based violence and sexual harassment are defined, prohibited and addressed in relevant laws or policies. Those national laws or policies shall identify and establish preventive measures, including by extending or adapting existing occupational safety and health measures, to cover sexual harassment at work and gender-based violence, as well as targeted actions referred to in paragraph 2 for sectors where workers are most exposed at work is addressed in relevant national policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where workers are most exposed.

Amendment 298 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 36 – paragraph 8

8. Member States ~~shall ensure that sexual harassment at work~~, in consultation with the social partners, shall ensure that sexual harassment and cyber violence at work as well as domestic violence is addressed in relevant national policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where workers are most exposed. Trade unions, workers’ representatives as well as labour inspectorates should be involved in the definition and implementation of prevention policies at workplace level.

Amendment 299 #

Proposal for a directive
Article 36 – paragraph 8

8. Member States shall ~~ensure that sexual harassment at~~, in consultation with the social partners, ensure that sexual harassment, cyber violence, third-party violence and domestic violence in the word of work is addressed in relevant national policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where workers are most exposed.

Amendment 30 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Recital 1 a (new)

(1 a) Member States should ratify without delay the International Labour Organization (ILO) Convention (No 190) of 21 June 2019 on Eliminating Violence and Harassment in the World of Work and ILO´s Violence and Harassment Recommendation (No 206) of 21 June 2019 and put in place the necessary law and policy measures to prohibit, prevent and tackle violence and harassment in the labour market.

Amendment 300 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 36 – paragraph 8

8. Member States shall ensure that ~~sexual harassment at~~gender-based violence and harassment in the world of work is addressed in relevant national policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where workers are most exposed.

Amendment 301 #

Stefania ZAMBELLI, Elena LIZZI, Simona BALDASSARRE, Paola GHIDONI, Antonio Maria RINALDI

Proposal for a directive
Article 36 – paragraph 8 – point a (new)

(a) Member States shall ensure that policies are in place to prevent workplace discrimination against women as mothers. They shall also provide for the creation of specific channels of complaint regarding such cases of discrimination.

Amendment 302 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 37 – paragraph 1

1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support, including in not-for-profit and NGO sectors, and restorative justice services, healthcare professionals, social services, educational and other relevant staff, including trade union and workplace health and safety representatives, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender-, disability- and child- sensitive manner, taking into consideration cultural and language barriers.

Amendment 303 #

Proposal for a directive
Article 37 – paragraph 1

1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, trade union representatives and workplace health and safety representatives receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender-, disability - and child- sensitive manner.

Amendment 304 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 37 – paragraph 1

1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, workplace health and safety representatives, labour inspectors, social services, educational and other relevant staff, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of ~~violence against women~~gender-based violence or domestic violence and to treat victims in a trauma-, gender- and child- sensitive manner.

Amendment 305 #

Proposal for a directive
Article 37 – paragraph 1

1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence, avoid further violence or revictimisationd to treat victims in a trauma-, gender-, disability- and child- sensitive manner.

Amendment 306 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 37 – paragraph 2

Amendment 307 #

Proposal for a directive
Article 37 – paragraph 3

3. Persons with supervisory functions in the workplace as well as trade union and workplace health and safety representatives, in both the public and private sectors, shall receive training on how to recognise, prevent and address sexual harassment ~~at work, including on risk assessments concerning occupational safety and health risks~~, cyber violence at work and domestic violence, including on gender-responsive risk assessments concerning occupational safety and health risks, including risks of gender-based violence and harassment form third- parties and risk of domestic violence, to provide support to victims affected thereby and respond in an adequate manner. Those persons and employers shall receive information about the effects of violence against women and domestic violence on work and the risk of third party violence. They shall also receive specific information and targetted training to prevent sexual harassment of the most marginalised groups, who are often less likely to report the offence and be believed, such as undocumented women workers, LGBT+ women and women with disabilities. They shall also receive training on how to recognise instances of domestic violence and provide support to victims and ensure that victims are able to continue working in a safe environment.

Amendment 308 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 37 – paragraph 3

3. Persons in the workplace, in particular those with supervisory functions ~~in the workplace~~, in both the public and private sectors, shall receive training on how to recognise, prevent and address sexual harassment at work, including on risk assessments concerning occupational safety and health risks, to provide support to victims affected thereby and respond in an adequate manner. Those persons and employers shall receive information about the effects of ~~violence against women and domestic violence on work and the risk of third party violen~~gender-based violence and domestic violence on work and the risk of third party violence. They shall also receive training on how to recognise instances of domestic violence and provide support to victims and ensure that victims are able to continue working in a safe environment. Member States shall ensure that employers have the obligation to provide mandatory and free of charge training to management and persons in supervisory functions as well as all other workers on a regular basis and in particular on entering the workplace.

Amendment 309 #

Proposal for a directive
Article 37 – paragraph 3

3. Persons with supervisory functions in the workplace, as well as trade union representatives and workplace health and safety representatives, in both the public and private sectors, shall receive specific training on how to recognise, prevent and address sexual harassment ~~at work, including on risk assessments concerning occupational safety and health risks~~, cyber violence at work and domestic violence, including on gender responsive risk assessments concerning occupational safety and health risks, including risks of gender based violence and harassment from third parties and risk of domestic violence, to provide support to victims affected thereby, and witnesses , and respond in an adequate manner. Those persons and employers shall receive information about the effects of violence against women and domestic violence on work and the risk of third party violence. They shall also receive training on how to recognize instances of domestic violence and provide support to victims and ensure that victims are able to continue working in a safe environment.

Amendment 31 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 2

(2) Equality between women and men and non-discrimination are core values of the Union and fundamental rights enshrined, respectively, in Article 2 of the Treaty on European Union and in Articles 21 and 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’). ~~Violence against women~~Gender-based violence and domestic violence endanger these very principles, undermining women and girls’ rights to equality in all areas of life.

Amendment 310 #

Proposal for a directive
Article 37 – paragraph 3

3. Persons with supervisory functions in the workplace, in both the public and private sectors, shall receive training on how to recognise, prevent and address ~~sexual harassment at~~gender-based violence and harassment in the world of work, including on risk assessments concerning occupational safety and health risks, their reporting obligations, to provide support to victims affected thereby and respond in an adequate manner in particular as regards appropriate specialised support services to refer victims to and the rights set out in this directive. Those persons and employers shall receive information about the effects of violence against women and domestic violence on work and the risk of third party violence.

Amendment 311 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 37 – paragraph 3 a (new)

3 a. Member States shall ensure that employers take appropriate steps commensurate with their degree of control to prevent gender-based violence and harassment in the world of work and in particular to: a. adopt and implement, in consultation with workers and their representatives, an inclusive and gender-responsive workplace policy on gender-based violence and harassment; b. appoint a designated confidential counsellor to provide support and informal advice for victims of gender- based violence and harassment in the world of work, whether perpetrated by a colleague or a third party; c. ensure there is no adverse treatment or consequences in the workplace for victims of gender-based violence and harassment in the world of work; d. take into account gender-based violence and harassment and associated psychosocial risks in the management and risk-assessment of occupational safety and health and; e. provide workers and their representatives with information and training, in accessible formats as appropriate, on the identified hazards and risks of violence and harassment and the associated prevention and protection measures, including on the rights and responsibilities of workers.

Amendment 312 #

Proposal for a directive
Article 37 – paragraph 4

4. The training activities referred to in paragraphs 1, 2 and 23 shall include training on co-ordinated multi-agency co-operation to allow for a comprehensive and appropriate handling of referrals in cases of ~~violence against women~~gender-based violence or domestic violence.

Amendment 313 #

Proposal for a directive
Article 37 – paragraph 5

5. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self- regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of women and men, sexist images of women, and victim- blaming in the media, aimed at reducing the risk of ~~violence against women~~all forms of gender-based violence or domestic violence.

Amendment 314 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 37 – paragraph 6

6. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained to facilitate and assist in the reporting of such crimes, including victims with migrant background or disabilities.

Amendment 315 #

Proposal for a directive
Article 37 – paragraph 6

Amendment 316 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 37 – paragraph 7

7. Training activities referred to in paragraphs 1, 2, 3 and 26 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex or gender and other grounds.

Amendment 317 #

Proposal for a directive
Article 37 – paragraph 7

7. Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, including on cyber violence, and built on the specificities of ~~violence against women~~gender- based violence and domestic violence. Such training activities shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex and other grounds.

Amendment 318 #

Proposal for a directive
Article 37 – paragraph 8 a (new)

8 a. Training activities refered to in paragraphs 1, 2 and 3 shall be defined and implemented in close cooperation with trade unions and health and safety workers’ representatives.

Amendment 319 #

Proposal for a directive
Article 37 – paragraph 8 b (new)

8 b. Strategies for preventing, informing and combating gender-based violence in the workplace can be the subject of collective bargaining. Collective agreements should be promoted at national and sectoral level, in cooperation with the relevant national bodies and according to national law and practices.

Amendment 32 #

Proposal for a directive
Recital 3

(3) ~~Violence against women~~Gender-based violence and domestic violence violate fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protection, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union.

Amendment 320 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 38 – title

IEarly intervention programmes

Amendment 321 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 38 – paragraph 1

1. Member States shall take the necessary measures to ensure that targeted and effective early intervention programmes are established to prevent and minimise the risk of committing offences of violence against women or domestic violence, or reoffending.

Amendment 322 #

Proposal for a directive
Article 38 – paragraph 1

1. Member States shall take the necessary measures to ensure that targeted and effective intervention programmes are established to prevent and minimise the risk of committing offences of ~~violence against women~~gender- based violence or domestic violence, or reoffending.

Amendment 323 #

Proposal for a directive
Article 38 – paragraph 2

2. The intervention programmes shall be made available for participation including to persons who fear they might commit any offence of ~~violence against women~~gender-based violence or domestic violence.

Amendment 324 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 39 – paragraph 1

1. Member States shall adopt and implement state-wide effective, comprehensive and co-ordinated policies encompassing all relevant measures to prevent and combat all forms of ~~violence against women~~gender- based violence and domestic violence.

Amendment 325 #

Proposal for a directive
Article 40 – paragraph 1

1. Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, labour inspectorates, support service providers as well as non- governmental organisations, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities.

Amendment 326 #

Proposal for a directive
Article 40 a (new)

Article 40 a Cooperation with social partners and collective bargaigning Member states shall ensure that social partners are involved in every step to ensure that all the obligations related to violence at the workplace and training of professionals under this directive are adequately fulfilled at all times. Member States shall, without prejudice to the autonomy of the social partners, and taking into account the diversity of national practices, strengthen the role of the social partners, including workers’ right to engage in collective bargaigning, to tackle gender-based violence at the workplace. Member States shall take appropriate measures to ensure that employers recognise trade unions and their representation at the workplace, and the right of workers to be represented, to organise and participate in collective bargaining. In all cases, the prerogatives of trade unions must be respected in the countries concerned.

Amendment 327 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 41 – paragraph 1

Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of ~~violence against women or domestic violence~~gender-based violence or domestic violence, or specialised non-governmental organisations working with vulnerable women and victims at a heightened risk of violence and trade unions, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.

Amendment 328 #

Proposal for a directive
Article 41 – paragraph 1

Member States shall cooperate with and consult social partners on the working environment, civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.

Amendment 329 #

Proposal for a directive
Article 41 – paragraph 1

Member States shall cooperate with and consult civil society organisations, including non-governmental and charitable and church-based organisations working with victims of violence against women or domestic violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.

Amendment 33 #

Proposal for a directive
Recital 4

(4) This Directive should apply to criminal conduct which amounts to ~~violence against women~~gender-based violence or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of ~~violence against women~~gender-based violence. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or partners. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.

Amendment 330 #

Proposal for a directive
Article 41 – paragraph 1

Member States shall cooperate with and consult civil society organisations, including non-governmental organisations and social partners working with victims of violence against women or domestic violence, in particular in providing support to victims, concerning ~~policymaking~~ initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.

Amendment 331 #

Proposal for a directive
Article 43 – paragraph 1 – point c

(c) providing assistance to Union networks working on matters directly relevant to ~~violence against women~~gender-based violence and domestic violence.

Amendment 332 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Article 44 – paragraph 1

1. Member States shall have a system in place for the collection, development, production and dissemination of statistics on ~~violence against women~~gender-based violence or domestic violence, including the forms of violence referred to in Articles 5 to 10.

Amendment 333 #

Proposal for a directive
Article 44 – paragraph 2 – introductory part

2. The statistics shall include the following data disaggregated by sex, disability, age of the victim and of the offender, relationship between the victim and the offender ~~and~~, type of offence and setting where the offence took place:

Amendment 334 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 44 – paragraph 2 – introductory part

2. The statistics shall include the following data disaggregated by sex, disability, age of the victim and of the offender, relationship between the victim and the offender and type and place of offence :

Amendment 335 #

Proposal for a directive
Article 44 – paragraph 2 – point a

(a) the number of victims who experienced ~~violence against women~~gender-based violence or domestic violence during the last 12 months, last five years and lifetime;

Amendment 336 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Article 44 – paragraph 2 – point b a (new)

(b a) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offense.

Amendment 337 #

Proposal for a directive
Article 44 – paragraph 2 – point b a (new)

(b a) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offense.

Amendment 338 #

Stefania ZAMBELLI, Elena LIZZI, Simona BALDASSARRE, Paola GHIDONI, Antonio Maria RINALDI

Proposal for a directive
Article 44 – paragraph 3 – subparagraph 2 a (new)

Member States shall consult the social partners in the data collection process, in particular when it comes to gender-based violence and sexual harassment at work.

Amendment 34 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 4

(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, forced sterilisation, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion~~, forced sterilisation~~ and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.

Amendment 35 #

(4a) It is important not to disparage the role of the family, which is the first refuge and place of support for women who are victims of violence. The family also represents values and upbringing, which can help a woman who is a victim of violence to report the perpetrator and set an example for a child.

Amendment 36 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Recital 5

(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely ~~violence against women~~gender-based violence and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein without discrimination on account of any ground. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.

Amendment 37 #

Proposal for a directive
Recital 5

(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein, without discrimination on account of any ground. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.

Amendment 38 #

Proposal for a directive
Recital 5

(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex ~~or gender~~.

Amendment 39 #

Proposal for a directive
Recital 6

(6) Due to their vulnerability, children who witness ~~violence against women~~gender-based violence or domestic violence suffer a direct emotional harm, which impacts their development. Therefore, such children should be considered victims and benefit from targeted protection measures.

Amendment 40 #

Proposal for a directive
Recital 7

Amendment 41 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a directive
Recital 7

(7) ~~Violence against women~~Gender-based is a persisting manifestation of structural discrimination against women, in all their diversity, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.

Amendment 42 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 7

(7) Violence against women is a persisting manifestation of structural discrimination against women, resulting from misogyny and historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.

Amendment 43 #

Proposal for a directive
Recital 8

(8) Domestic violence is a ~~serious~~grave social problem which often remains hidden as a result of societal stigmatisation of the subject. It can lead to serious psychological and physical trauma with severe consequences for a victim's personal and professional life because the offender typically is a person known to the victims, whom they would expect to be able to trust. Such violence can take on various forms, including physical, sexual, psychological and economic. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.

Amendment 44 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 9

(9) In light of the specificities related to these types of crime it is necessary to lay down a comprehensive set of rules, which addresses the persisting problem of violence against women and domestic violence in a targeted manner and caters to the specific needs of victims of such violence. ~~The existing provisions at Union and national levels have proven to be insufficient to effectively combat and prevent violence against women and domestic violence.~~ In particular, Directives 2011/36/EU and 2011/93/EU concentrate on specific forms of such violence, while Directive 2012/29/EU of the European Parliament and of the Council38 lays down the general framework for victims of crime. While providing some safeguards for victims of violence against women and domestic violence, it is not set out to address their specific needs. _________________ 38 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).

Amendment 45 #

Proposal for a directive
Recital 9

(9) In light of the specificities related to these types of crime it is necessary to lay down a comprehensive set of rules, which addresses the persisting problem of violence against women and domestic violence in a targeted manner and caters to the specific needs of victims of such violence in an intersectional and gender- sensitive manner. The existing provisions at Union and national levels have proven to be insufficient to effectively combat and prevent violence against women and domestic violence. In particular, Directives 2011/36/EU and 2011/93/EU concentrate on specific forms of such violence, while Directive 2012/29/EU of the European Parliament and of the Council38 lays down the general framework for victims of crime. While providing some safeguards for victims of violence against women and domestic violence, it is not set out to address their specific needs. _________________ 38 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).

Amendment 46 #

Proposal for a directive
Recital 9

(9) In light of the specificities related to these types of crime it is necessary to lay down a comprehensive set of rules, which addresses the persisting problem of ~~violence against women~~gender-based violence and domestic violence in a targeted manner and caters to the specific needs of victims of such violence. The existing provisions at Union and national levels have proven to be insufficient to effectively combat and prevent ~~violence against women~~gender-based violence and domestic violence. In particular, Directives 2011/36/EU and 2011/93/EU concentrate on specific forms of such violence, while Directive 2012/29/EU of the European Parliament and of the Council38 lays down the general framework for victims of crime. While providing some safeguards for victims of ~~violence against women~~gender-based violence and domestic violence, it is not set out to address their specific needs. _________________ 38 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).

Amendment 47 #

Proposal for a directive
Recital 10

(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 , the United Nations Convention on the Rights of Persons with Disabilities and, where relevant, the Council of Europe Convention on preventing and combating ~~violence against women~~gender-based violence and domestic violence (‘Istanbul Convention’),40 ~~and~~ the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva, the International Labour Organization's Discrimination (Employment and Occupation) Convention, 1958 (No 111) and the International Labour Organization's Domestic Workers' Convention, 2012 (No 189). _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.

Amendment 48 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 10

(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 ~~and, where relevant,~~, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s ~~Convention concerning the elimination of violence and harassment in the world of work, signed~~ Violence and Harassment Convention, 2019 (No. 190), the International Labour Organization’s Discrimination (Employment and Occupation) Convention, 1958 (No 111) and the International Labour Organization’s Domestic Workers Convention, 2~~1 June 2019 in Geneva~~012 (No 189). _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.

Amendment 49 #

Proposal for a directive
Recital 10

(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 and, where relevant, ~~the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and~~ the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva. _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. ~~40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.~~

Amendment 50 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Recital 10

(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and, where relevant, the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva. _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.

Amendment 51 #

Proposal for a directive
Recital 10

(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and, where relevant, the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva. _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.

Amendment 52 #

Stefania ZAMBELLI, Elena LIZZI, Paola GHIDONI, Antonio Maria RINALDI

Proposal for a directive
Recital 10

(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39, the United Nations Convention on the Rights of Persons with Disabilities and, where relevant, the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva. _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), Council of Europe, 2011.

Amendment 53 #

Stefania ZAMBELLI, Elena LIZZI, Paola GHIDONI, Antonio Maria RINALDI

Proposal for a directive
Recital 11

(11) ~~Violence against women~~Gender-based and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or, sexual orientation, gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- ~~based violence.~~ based violence and domestic violence. For example, acts of gender-based violence which seek to punish victims for their sexual orientation, gender expression, gender identity or sex characteristics such as so- called corrective rape, should be given particular attention.

Amendment 54 #

Proposal for a directive
Recital 11

(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender-based violence.

Amendment 55 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 11

(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex or gender and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or, sexual orientation, gender identity and expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.

Amendment 56 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 12

(12) Victims of violence against women and domestic violence are at an increased risk of intimidation, retaliation, secondary and repeat victimisation. Particular attention should thus be paid to these risks and to the need to protect the dignity and physical integrity of such victims. Encounters with specialised support services should ensure victims are treated in a humane way and avoid re- traumatisation.

Amendment 57 #

Loucas FOURLAS

Proposal for a directive
Recital 12

Amendment 58 #

Proposal for a directive
Recital 12

(12) Victims of ~~violence against women~~gender-based violence and domestic violence are at an increased risk of intimidation, retaliation, secondary and repeat victimisation. Particular attention should thus be paid to these risks and to the need to protect the dignity and physical integrity of such victims.

Amendment 59 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 13

(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishment for the victim's sexual orientation, gender identity, gender expression or sex characteristics (so- called "corrective rape"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .

Amendment 60 #

Proposal for a directive
Recital 13

(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women and girls. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain. Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. and girls.

Amendment 61 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 16 a (new)

(16 a) Forced and coerced sterilisation is a harmful and exploitative practice that removes the capacity of sexual reproduction of the victims and that is performed for the purpose of exerting social control over the victims. It is rooted in eugenicist assumptions about the value of the lives of the persons at stake and stereotypes concerning their capacity to be parents, in particular mothers. Women and girls of ethnic and racial minority backgrounds, in particular Roma, women and girls from poor socio-economic backgrounds and women and girls with disabilities, especially those with intellectual and psychosocial disabilities as well as those living in institutions, are particularly at risk of such a violation. To combat this widespread and ongoing practice in the European Union, which perpetuates discrimination, stereotypes, violence and control over a woman’s body, forced sterilisation should be specifically and adequately addressed in criminal law.

Amendment 62 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Recital 17

(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders as well as persons who are part of marginalised communities . It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. The increased use of ICT at work has lead to increased cyber violence against women requiring particular attention to preventative and protective measures in the context of work. Women and girls exposed to discrimination and violence on the basis of a combination of their sex or gender and other grounds are disproportionately affected by cyber violence, including cyber harassment or cyber incitement to violence or hatred.

Amendment 63 #

Proposal for a directive
Recital 17

(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women in the world of work, politicians, journalists and human rights defenders, as well as persons who are part of marginalised communities. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education, career and to their mental health, which may, in extreme cases, lead to suicide. Women and girls exposed to discrimination and violence on the basis of a combination of their sex or gender and other grounds are disproportionately affected by cyber violence, including cyber harassment or cyber incitement to violence or hatred.

Amendment 64 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 17

(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women in public life, particularly women politicians, journalists and human rights defenders. It can have the effect of silencing women and hindering their societal and professional participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide.

Amendment 65 #

Proposal for a directive
Recital 17 a (new)

(17 a) It is necessary to address the practice of surrogacy, a global phenomenon that exposes women worldwide to exploitation while targeting financially and socially vulnerable women in particular. The practice of surrogacy has a severe impact on women, women’s and children´s rights, women’s health and equality as well as serious cross-border implications.

Amendment 66 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a directive
Recital 19

(19) Especially due to its tendency for easy, swift and broad distribution and perpetration, as well as its intimate nature, the non-consensual making accessible of intimate images or videos and material that depict sexual activities, to a multitude of end-users, by means of information and communication technologies, can be very harmful for the victims. The offence provided for in this Directive should cover all types of such material, such as images, photographs and videos, including sexualized images, audio clips and video clips. It should relate to situations where the making accessible of the material to a multitude of end-users, through information and communication technologies, occurs without the victim’s consent, irrespective of whether the victim consented to the generation of such material or may have transmitted it to a particular person. The offence should also include the non-consensual production or manipulation, for instance by image editing, including by using Artificial intelligence, of material that makes it appear as though another person is engaged in sexual activities, insofar as the material is subsequently made accessible to a multitude of end-users, through information and communication technologies, without the consent of that person. Such production or manipulation should include the fabrication of ‘deepfakes’, where the material appreciably resembles an existing person, objects, places or other entities or events, depicting sexual activities of another person, and would falsely appear to others to be authentic or truthful. In the interest of effectively protecting victims of such conduct, threatening to engage in such conduct should be covered as well.

Amendment 67 #

Proposal for a directive
Recital 19

(19) Especially due to its tendency for easy, swift and broad distribution and perpetration, as well as its intimate nature, the non-consensual making accessible of intimate images or videos and material that depict sexual activities, to a multitude of end-users, by means of information and communication technologies, can be ~~ver~~extremely harmful for the victims. The offence provided for in this Directive should cover all types of such material, such as images, photographs and videos, including sexualized images, audio clips and video clips. It should relate to situations where the making accessible of the material to a multitude of end-users, through information and communication technologies, occurs without the victim’s consent, irrespective of whether the victim consented to the generation of such material or may have transmitted it to a particular person. The offence should also include the non-consensual production or manipulation, for instance by image editing, of material that makes it appear as though another person is engaged in sexual activities, insofar as the material is subsequently made accessible to a multitude of end-users, through information and communication technologies, without the consent of that person. Such production or manipulation should include the fabrication of ‘deepfakes’, where the material appreciably resembles an existing person, objects, places or other entities or events, depicting sexual activities of another person, and would falsely appear to others to be authentic or truthful. In the interest of effectively protecting victims of such conduct, threatening to engage in such conduct should be covered as well.

Amendment 68 #

Proposal for a directive
Recital 19

(19) Especially due to its tendency for easy, swift and broad distribution and perpetration, as well as its intimate nature, the non-consensual making accessible of intimate images or videos and material that depict sexual activities, to ~~a multitude of~~other end-users, by means of information and communication technologies, can be very harmful for the victims. The offence provided for in this Directive should cover all types of such material, such as images, photographs and videos, including sexualized images, audio clips and video clips. It should relate to situations where the making accessible of the material to a ~~multitude of~~other end-users, through information and communication technologies, occurs without the victim’s consent, irrespective of whether the victim consented to the generation of such material or may have transmitted it to a particular person. The offence should also include the non- consensual production or manipulation, for instance by image editing, of material that makes it appear as though another person is engaged in sexual activities, insofar as the material is subsequently made accessible to ~~a multitude of~~other end-users, through information and communication technologies, without the consent of that person. Such production or manipulation should include the fabrication of ‘deepfakes’, where the material appreciably resembles an existing person, objects, places or other entities or events, depicting sexual activities of another person, and would falsely appear to others to be authentic or truthful. In the interest of effectively protecting victims of such conduct, threatening to engage in such conduct should be covered as well.

Amendment 69 #

Proposal for a directive
Recital 21

(21) Minimum rules concerning the offence of cyber harassment should be laid down to counter initiating an attack with third parties or participating in such an attack directed at another person, by making threatening or insulting material accessible to ~~a multitude of~~other end-users. Such broad attacks, including coordinated online mob attacks, may morph into offline assault or cause significant psychological injury and in extreme cases lead to suicide of the victim. They often target prominent (female) politicians, journalists or otherwise well-known persons, but they can also occur in different contexts, for instance on campuses or in schools. Such online violence should be addressed especially where the attacks occur on a wide-scale, for example in the form of pile- on harassment by a significant amount of people.

Amendment 70 #

(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. ~~Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offlin~~Oftentimes, perpetrators of such incitement online are public figures who, due to a presumed impunity, have the effect of legitimising and emboldening acts of violence offline. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. Children and youth can also be the target of violent cyber violence owing to personal characteristics such as disability, racial or ethnic origin, sexual orientation, gender identity, gender expression, sex characteristics or other grounds which, if left unaddressed, may cause social exclusion, anxiety, inducement to inflict self-harm and, in extreme situations, suicide ideation, suicide attempts or actual suicide. This needs to be intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.

Amendment 71 #

Proposal for a directive
Recital 22

Amendment 72 #

Proposal for a directive
Recital 24

(24) Victims should be able to report crimes of violence against women or domestic violence easily without being subject to secondary or repeat victimisation. To this end, Member States should provide the possibility to submit complaints online or through other information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour. Complaint mechanisms should be accessible also for victims without digital skills, victims living in remote or rural areas with a difficult access to digital tools and internet as well as for persons with disabilities.

Amendment 73 #

Proposal for a directive
Recital 24

(24) Victims should be able to report crimes of ~~violence against women~~gender-based violence or domestic violence easily without being subject to secondary or repeat victimisation. To this end, Member States should provide the possibility to submit complaints online or through other information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour.

Amendment 74 #

Proposal for a directive
Recital 25

(25) In the case of domestic violence and ~~violence against women~~gender-based violence, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or ~~violence against women~~gender-based violence affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that they are not held liable for breach of confidentiality.

Amendment 75 #

Proposal for a directive
Recital 26

(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established. This can include questioning by competent authorities in simple and accessible language. Member States should ensure sufficient training of professionals coming in contact with child victims or potential child victims.

Amendment 76 #

Loucas FOURLAS

Proposal for a directive
Recital 26

Amendment 77 #

Proposal for a directive
Recital 27

(27) Delays in processing complaints of ~~violence against women~~gender-based violence and domestic violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or spouses. Therefore, the competent authorities should have the sufficient expertise and effective investigative tools to investigate and prosecute such crimes. Delays in dealing with complaints put victims at risk of physical, sexual, psychological or economic harm or suffering. Victims should have the right to be free from undue consequences, such as termination of contract, when taking leave as a consequence of gender-based violence and sexual harassment.

Amendment 78 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Recital 28

(28) Victims of domestic violence and ~~violence against women~~gender-based violence are typically in need of immediate protection or specific support, for example in the case of intimate partner violence, where the rate of recidivism tends to be high. Therefore, an individual assessment to identify the victim’s protection needs should be conducted upon the very first contact of competent authorities with the victim or as soon as suspicion arises that the person is a victim of ~~violence against women~~gender-based violence or domestic violence. This can be done before a victim has formally reported an offence or proactively if a third party reports the offence.

Amendment 79 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 29

(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring special attention could include the victim’s pregnancy ~~or the victim’s~~, recent birth of a child or the victim’s living situation with, dependence on or relationship to the offender.

Amendment 80 #

Proposal for a directive
Recital 29

(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender.

Amendment 81 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 32

(32) Victims of violence against women and domestic violence are often in need of specific support. To ensure they effectively receive offers of support, the competent authorities should refer victims to appropriate specialised support services. This should in particular be the case where an individual assessment has found particular support needs of the victim. In that case, support services should be able to reach out to the victim even without the victim’s consent. For the processing of related personal data by competent authorities, Member States should ensure that it is based on law, in accordance with Article 6(1)(c) read in conjunction with Article (6)(2) and (3) of Regulation (EU) 2016/679 of the European Parliament and of the Council41 . Such laws should include appropriate personal data safeguards that respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the individuals. Where competent authorities transfer victims’ personal data to support services for victims’ referral, they should ensure that the data transferred is limited to what is necessary to inform the services of the circumstances of the case, so that victims receive appropriate support and protection. _________________ 41 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), (OJ L 119, 4.5.2016, p. 1–88).

Amendment 82 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 33

(33) Member States should take the necessary measures to ensure the availability of emergency barring, restraining and protection orders to ensure effective protection of victims and their dependants. Member States should ensure that the length of the protection orders is sufficient taking into account time required to access administrative or judicial procedures victim can take in order to report a criminal offence or seek a long-term protection.

Amendment 83 #

Proposal for a directive
Recital 33

Amendment 84 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 38

(38) Given the complexities and gravity of offences of violence against women and domestic violence and specific support needs of victims, Member States should ensure additional support and prevention of such offences is provided by designated bodies. Given their expertise in matters of discrimination on grounds of sex or gender, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43 and 2010/41/EU44 of the European Parliament and of the Council, are well placed to fulfil these tasks. Such bodies should in addition have legal standing to act on behalf or in support of victims of all forms of violence against women or domestic violence in judicial proceedings, including for the application for compensation and removal of online illegal content, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodies to effectively carry out their tasks, Member States should ensure that they are provided with sufficient human and financial resources. _________________ 42 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 37). 43 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23). 44 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the applicationof the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1).

Amendment 85 #

Proposal for a directive
Recital 38

(38) Given the complexities and gravity of offences of ~~violence against women~~gender-based violence and domestic violence and specific support needs of victims, Member States should ensure additional support and prevention of such offences is provided by designated bodies. Given their expertise in matters of discrimination on grounds of sex, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43 and 2010/41/EU44 of the European Parliament and of the Council, are well placed to fulfil these tasks. Such bodies should in addition have legal standing to act on behalf or in support of victims of all forms of ~~violence against women~~gender-based violence or domestic violence in judicial proceedings, including for the application for compensation and removal of online illegal content, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodies to effectively carry out their tasks, Member States should ensure that they are provided with sufficient human and financial resources. _________________ 42 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 37). 43 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23). 44 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the applicationof the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1).

Amendment 86 #

Proposal for a directive
Recital 39

(39) Certain offences covered by this Directive involve the increased risk of repeated, prolonged or even continuous victimisation. That risk occurs especially in relation to offences involving the making accessible to a multitude of end-users, through information and communication technologies, of material, resulting from certain offences of cyber violence, considering the ease and speed with which such material can be distributed on a large scale and the difficulties that often exist when it comes to removing such material. That risk typically remains even after a conviction. Therefore, in order to effectively safeguard the rights of the victims of those offences, Member States should be required to take suitable measures aimed at the prompt removal of the material in question. Considering that removal at the source may not always be feasible, for instance because of legal or practical difficulties relating to the execution or enforcement of an order to remove, Member States should also be allowed to provide for measures to disable access to such material.

Amendment 87 #

Proposal for a directive
Recital 39

(39) Certain offences covered by this Directive involve the increased risk of repeated, prolonged or even continuous victimisation. That risk occurs especially in relation to offences involving the making accessible to ~~a multitude of~~other end-users, through information and communication technologies, of material, resulting from certain offences of cyber violence, considering the ease and speed with which such material can be distributed on a large scale and the difficulties that often exist when it comes to removing such material. That risk typically remains even after a conviction. Therefore, in order to effectively safeguard the rights of the victims of those offences, Member States should be required to take suitable measures aimed at the removal of the material in question. Considering that removal at the source may not always be feasible, for instance because of legal or practical difficulties relating to the execution or enforcement of an order to remove, Member States should also be allowed to provide for measures to disable access to such material.

Amendment 88 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Recital 44

(44) In order to avoid secondary victimisation, victims should be able to obtain compensation in the course of criminal proceedings. Compensation from the offender should be full and should not be restricted by a fixed upper limit. It should cover all harm and trauma experienced by victims and costs incurred to manage the damages, including among other things therapy costs, impact on the victim’s employment situation, loss of earnings, psychological damages, and moral prejudice due to the violation of dignity. The amount of compensation should reflect that victims of domestic violence and cyber incitement to violence or hatred may have to uproot their lives in order to seek safety, entailing a possible change of employment or finding new schools for children or even creating a new identity. Compensation should be part of the measures provided to ensure the reparation for victims.

Amendment 89 #

Proposal for a directive
Recital 44

Amendment 90 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 44

(44) In order to avoid secondary victimisation, victims should be able to obtain compensation in the course of criminal proceedings. Compensation from the offender should be full and should not be restricted by a fixed upper limit. It should cover all harm and trauma experienced by victims and costs incurred to manage the damages, including among other things therapy costs, impact on the victim’s employment situation, loss of earnings, psychological damages, and moral prejudice due to the violation of dignity. The amount of compensation should reflect that victims of domestic violence may have to uproot their lives in order to seek safety, entailing a possible loss or change of employment or finding new schools for children or even creating a new identity.

Amendment 91 #

Proposal for a directive
Recital 45

(45) Assistance and support to victims of ~~violence against women~~gender-based violence and domestic violence should be provided before, during and for an appropriate period after the criminal proceedings have ended, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk in particular due to the statements made by the victim in those proceedings.

Amendment 92 #

Proposal for a directive
Recital 46

(46) Specialised support services should provide support to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, forced marriage, forced abortion and sterilisation, surrogacy, sexual harassment and of various forms of cyber violence.

Amendment 93 #

Proposal for a directive
Recital 46

(46) Specialised support services should provide support to victims of all forms of ~~violence against women~~gender-based violence and domestic violence, including sexual violence, female genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.

Amendment 94 #

Proposal for a directive
Recital 47

Amendment 95 #

Proposal for a directive
Recital 48

(48) Victims of domestic violence and ~~violence against women~~gender-based violence typically have multiple protection and support needs. In order to address these effectively, Member States should provide such services at the same premises, or have such services coordinated through a central contact point. To ensure also victims in remote areas or unable to physically reach such centres are reached, Member States should provide for online access to such services. This should entail setting up a single and updated website where all relevant information on and access to available support and protection services is provided (one-stop online access). The website should follow accessibility requirements for persons with disabilities.

Amendment 96 #

Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 49

(49) Specialist support services, including shelters and rape crisis centres, should be considered essential during crises and states of emergency, including during health crises. These services should continue to be offered in these situations, where instances of domestic violence and ~~violence against women~~gender-based violence tend to surge.

Amendment 97 #

Proposal for a directive
Recital 50

(50) The traumatic nature of sexual violence, including rape, requires a particularly gender-sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.

Amendment 98 #

Sylvie BRUNET, Atidzhe ALIEVA-VELI, Marie-Pierre VEDRENNE, Max ORVILLE, Véronique TRILLET-LENOIR, Ilana CICUREL, Dragoş PÎSLARU, Irena JOVEVA, Samira RAFAELA

Proposal for a directive
Recital 50 a (new)

(50 a) Violence and harassment in the world of work is unacceptable and incompatible with decent work. It affects a person’s psychological, physical and sexual health, dignity, and family and social environment, as well as the quality of public and private services. In particular, it can prevent persons, particularly women, from accessing, and remaining and advancing in the labour market and is therefore a threat to equal opportunities. It also negatively affects the organisation of work, workplace relations, worker engagement, enterprise reputation and productivity.

Amendment 99 #

Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Gabriele BISCHOFF, Milan BRGLEZ, Aurore LALUCQ, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Alicia HOMS GINEL

Proposal for a directive
Recital 51

(51) HSexual harassment and harassment at work is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. ~~Given that sexual harassment at work has~~ILO Convention 190 applies to violence and harassment in the world of work occurring in the course of, linked with or arising out of work. According to its Article 3, this includes the workplace, but also the places where the worker is paid, takes a break, or uses sanitary facilities, is on a work-related trips, engages in work- related communication, when they are commuting to and from work or staying in employer accommodation. This recognizes the fact that violence in the course of employment can take place away from the traditional place of work, and relate to the spill-over of domestic violence at work . Given that sexual harassment at work, as well as cyber violence and harassment at work and domestic violence have significant negative consequences both for the victims and the employers, advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes, should be provided by external, specialised counselling services to both victims and employers.

source: 740.807

2023/02/02 LIBE, FEMM 1481 amendments...

Amendment 1000 #

Proposal for a directive
Article 16 – paragraph 3

3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that a ~~serious~~n act of violence covered under this Directive has been committed or further ~~serious~~ acts of violence are to be expected. Where professionals report such instances of gender-based violence, including when the victim is a child, victims shall be duly informed in advance, a gender-sensitive and child-competent risk assessment and risk management conducted, and tailored safety, protection and support measures adopted before active steps are taken against the offender.

Amendment 1001 #

Proposal for a directive
Article 16 – paragraph 3

3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that a serious act of violence covered under this Directive has been committed or further serious acts of violence are to be expected. Where professionals report such instances of domestic violence or violence against women affecting children, victims must be duly informed; a gender-sensitive and child-competent risk assessment and risk management conducted, and tailored safety, protection and support measures adopted immediately.

Amendment 1002 #

Proposal for a directive
Article 16 – paragraph 3

3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that ~~serious phys~~physical and psychological harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that a ~~serious~~n act of violence covered under this Directive has been committed or further serious acts of violence are to be expected. Where professionals report such instances of violence, victims must be duly informed; a gender- and child-sensitive risk assessment and risk management conducted, and tailored safety, protection and support measures adopted immediately regardless of the level of risk.

Amendment 1003 #

Proposal for a directive
Article 16 – paragraph 3

Amendment 1004 #

María Soraya RODRÍGUEZ RAMOS, Lucia ĎURIŠ NICHOLSONOVÁ, Karen MELCHIOR, Abir AL-SAHLANI, Olivier CHASTEL, Samira RAFAELA, Marco ZULLO, Irène TOLLERET, Ramona STRUGARIU, Dragoş TUDORACHE, Michal ŠIMEČKA, Sophia IN 'T VELD, Fabienne KELLER, Malik AZMANI

Proposal for a directive
Article 16 – paragraph 3

Amendment 1005 #

Assita KANKO

Proposal for a directive
Article 16 – paragraph 3

Amendment 1006 #

Proposal for a directive
Article 16 – paragraph 3

3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare and education professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall ~~be able to~~ report to the competent authorities if they have reasonable grounds to believe that a ~~serious~~n act of violence covered under this Directive has been committed or further ~~serious~~ acts of violence are to be expected.

Amendment 1007 #

Maria WALSH

Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1 (new)

Member states shall ensure that victims of gender specific hate crimes are entitled to witness protection when filing a complaint, especially protection of their personal data such as home address or birth data that shall not be revealed to perpetrators accessing the files. The instruction to this right must be mandatory and documented. Moreover victims must be referred to a specialised and trained contact person within the authority if needed to ensure that a criminal complaint can be filed.

Amendment 1008 #

Pina PICIERNO, Radka MAXOVÁ, Predrag Fred MATIĆ, Lina GÁLVEZ MUÑOZ, Alessandra MORETTI, Vilija BLINKEVIČIŪTĖ, Vera TAX, Maria-Manuel LEITÃO-MARQUES, Evelyn REGNER, Maria NOICHL, Robert BIEDROŃ

Proposal for a directive
Article 16 – paragraph 3 a (new)

3 a. Member states shall ensure that victims of gender specific hate crimes are entitled to special protection of their personal data such as home address or birth data that shall not be revealed to perpetrators accessing the files. The instruction to this right must be mandatory and documented. Victims must be referred to a specialised and trained contact person within the authority if needed to ensure that a criminal complaint can be filed.

Amendment 1009 #

Proposal for a directive
Article 16 – paragraph 3 a (new)

3 a. Member States shall ensure that an adequate individual assessment of the victim´s risk and protection and support needs is carried out to ensure the safety of the victim and their dependants.

Amendment 1010 #

Proposal for a directive
Article 16 – paragraph 4

4. Where children report criminal offences of violence against women or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. To safeguard the best interests of the child, Member States shall ensure that professionals specialised in caring for and supporting children are there to assist them in reporting procedures. If the offence involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.

Amendment 1011 #

Proposal for a directive
Article 16 – paragraph 4

4. Where children report criminal offences of violence against women or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity and that, where necessary, the competent authorities are duly informed. If the offence involves the holder of parental responsibility, Member States sh~~ould~~all ensure that reporting is not conditional upon this person’s consent and that there is no obligation on the competent authorities to inform the holder of parental responsibility.

Amendment 1012 #

Arba KOKALARI

Proposal for a directive
Article 16 – paragraph 4

4. Where children report criminal offences of violence against women or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. ~~If the offence~~Professionals trained in working with children should assist in the reporting procedure to ensure it is the best interests of the child. If the offence directly or indirectly involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.

Amendment 1013 #

Proposal for a directive
Article 16 – paragraph 4

4. Where children report criminal offences of violence against women or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. If the offence involves the holder of parental responsibility, Member States sh~~ould~~all ensure that reporting is not conditional upon this person’s consent and that there is no obligation on the competent authorities to immediately inform that holder of parental responsibility.

Amendment 1014 #

Proposal for a directive
Article 16 – paragraph 4

4. Where children report criminal offences of ~~violence against women or domestic~~gender-based violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. If the offence involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.

Amendment 1015 #

Nadine MORANO

Proposal for a directive
Article 16 – paragraph 5

5. Member States shall ensure that the competent authorities coming in contact with a victim reporting offences of violence against women or domestic violence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment referred to in Article 18.deleted

Amendment 1016 #

Proposal for a directive
Article 16 – paragraph 5

5. Member States shall ensure that the competent authorities and other services coming in contact with a victim reporting offences of ~~violence against women or domestic~~gender-based violence are prohibited from transferring personal data pertaining to the residence status of the victim ~~to competent migration authorities, at least until completion of the first individual assessment referred to in Article 18~~.

Amendment 1017 #

María Soraya RODRÍGUEZ RAMOS, Lucia ĎURIŠ NICHOLSONOVÁ, Karen MELCHIOR, Olivier CHASTEL, Samira RAFAELA, Marco ZULLO, Irène TOLLERET, Ramona STRUGARIU, Dragoş TUDORACHE, Michal ŠIMEČKA, Sophia IN 'T VELD, Fabienne KELLER, Malik AZMANI

Proposal for a directive
Article 16 – paragraph 5

5. Member States shall ensure that the competent authorities coming in contact with a victim reporting offences of violence against women or domestic violence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities~~, at least until completion of the first individual assessment referred to in Article 18~~.

Amendment 1018 #

Proposal for a directive
Article 16 – paragraph 5

5. Member States shall ensure that the competent authorities coming in contact with a victim reporting offences of violence against women or domestic violence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities~~, at least until completion of the first individual assessment referred to in Article 18~~.

Amendment 1019 #

Annika BRUNA, Jean-Paul GARRAUD

Proposal for a directive
Article 16 – paragraph 5 – subparagraph 1 (new)

Member States shall, however, ensure that the competent authorities in contact with the victim can transfer personal data relating to the residence status of the alleged offender to the competent migration authorities where appropriate.

Amendment 1020 #

Proposal for a directive
Article 16 – paragraph 5 a (new)

5 a. Member States shall ensure that competent authorities who come into contact with the victim who reports violence take into account the presence of the victim’s dependants when violence has occurred. Furthermore, competent authorities shall assess the state of physical and mental health of the dependants, to issue orders as referred to in Article 21 and seek compensation as referred to in Article 26.

Amendment 1021 #

Proposal for a directive
Article 16 – paragraph 5 a (new)

5 a. Member States shall ensure sufficient and quality training of law- enforcement personnel and any authorities who may work with victims of violence on the characteristics and the ways of identifying violence against women, domestic violence, sexism, cybersexism or sexist hate speech, to facilitate the reporting to police of such behaviour and avoid ill-treatment of the victims.

Amendment 1022 #

Proposal for a directive
Article 16 – paragraph 5 b (new)

5 b. Member States shall ensure that the competent authorities take all the necessary measures to ensure that all evidence is secured from the earliest possible moment, including through appropriate technical means, and that reported offences of violence against women or domestic violence are processed and transferred without delay to the competent authorities for prosecution and investigation.

Amendment 1023 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient expertise, including on the gendered understanding of violence, appropriate resources to protect victims and ensure their rights and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.

Amendment 1024 #

Nadine MORANO

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient expertise ~~and~~, effective investigative tools and the necessary human and material resources to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.

Amendment 1025 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient and specialised expertise and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.

Amendment 1026 #

Proposal for a directive
Article 17 – paragraph 1

Amendment 1027 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient training, expertise and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.

Amendment 1028 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall ensure that ~~persons~~staff, units or services investigating and prosecuting ~~violence against women or domestic violence have sufficient expertise~~gender-based violence have sufficient and specialised expertise, capacity and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.

Amendment 1029 #

Proposal for a directive
Article 17 – paragraph 2

2. Member States shall ensure that reported offences of violence against women or domestic violence are processed and transferred without delay to the competent authorities for the adoption of prostecution ~~and investiga~~measures for the victim, investigation and prosecution.

Amendment 1030 #

Proposal for a directive
Article 17 – paragraph 2

2. Member States shall ensure that reported offences of ~~violence against women or domestic~~gender-based violence are processed and transferred without delay to the competent authorities for ~~prosecution and investiga~~investigation and prosecution.

Amendment 1031 #

Proposal for a directive
Article 17 – paragraph 3

3. The competent authorities shall promptly and effectively record and investigate allegations of violence against women or domestic violence and ensure that an official complaint is filed in ~~all cases~~internal system in all cases, even when the victim does not wish to bring criminal charges at that point in time.

Amendment 1032 #

Proposal for a directive
Article 17 – paragraph 3

3. The competent authorities shall promptly and effectively record and investigate allegations of ~~violence against women or domestic~~gender-based violence and ensure that an official complaint is filed in all cases.

Amendment 1033 #

Proposal for a directive
Article 17 – paragraph 3 a (new)

3 a. MS shall take the necessary measures to ensure that any victim of VAW or domestic violence, in particular sexual violence, can be examined without delay, at her request by a forensic medical service, regardless of the will to lodge a complaint. In the absence of a complaint, forensic services should be able to retain evidence in case the victim decides to file a complaint after.

Amendment 1034 #

3 a. Member states shall ensure that providing evidence should not represent a burden for the victims or contribute to further victimisation.

Amendment 1035 #

Proposal for a directive
Article 17 – paragraph 4

4. The competent authorities shall promptly refer victims to relevant health care professionals or specialist support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services, and to provide victims of sexual violence with appropriate medical care, including for the clinical management of rape. Victims shall not be pressured to bring charges or report the offence to the authorities. Victims shall be provided with information on the options available in securing evidence for an eventual criminal procedure, taking into consideration their actual physical and mental state and trauma.

Amendment 1036 #

Proposal for a directive
Article 17 – paragraph 4

4. The competent authorities shall promptly refer victims to relevant health care professionals or support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, ~~where the victim wishes to bring charges and make use of such servic~~and to provide victims of sexual violence with appropriate medical care, including for the clinical management of rape. Victims shall be provided with information on what options are available to them in securing evidence for an eventual criminal procedure, taking into consideration their actual physical and mental state and trauma. Victims shall not be pressured to bring charges or report the offence to the authorities.

Amendment 1037 #

Proposal for a directive
Article 17 – paragraph 4

4. The competent authorities shall promptly refer victims to relevant health care professionals or specialist support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services. Victims shall not be pressured to bring charges or report the offence to the authorities. Victims shall be provided with information on what options are available to them in securing evidence for an eventual criminal procedure, taking into consideration their actual physical and mental state and trauma.

Amendment 1038 #

Radka MAXOVÁ

Proposal for a directive
Article 17 – paragraph 4

4. The competent authorities shall promptly refer victims to relevant health care professionals or support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services. Relevant information regarding options avalable to the victim to secure the evidence for the criminal procedure shall be given to the victim and properly consulted. No pressure should be brought upon the victim to press charges or report the offence.

Amendment 1039 #

Proposal for a directive
Article 17 – paragraph 4

4. The competent authorities shall promptly refer victims to relevant health care professionals or specialist support services referred to in Articles 27, 28, 29 and 29a to assist in securing evidence, in particular in cases of sexual violence~~, w~~. Where the victim does not wishes to bring charges ~~and make use of such services.~~ immediately, they shall be provided with all relevant information on the options of securing and storing evidence for an eventual future criminal proceedings.

Amendment 1040 #

Proposal for a directive
Article 17 – paragraph 4

Amendment 1041 #

Proposal for a directive
Article 17 – paragraph 4

4. The competent authorities shall ~~promptly refer victims to relevant health care professionals or support services referred to in Articles 27, 28 and 29 to assist in securing eviden~~ensure that victims receive adequate and timely information about their rights and services, including legal support and are promptly referred to relevant health care services, in ~~particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services~~cluding psychological care and sexual and reproductive health services, or specialist support services referred to in chapter 3.

Amendment 1042 #

Proposal for a directive
Article 17 – paragraph 4

4. The competent authorities shall promptly refer victims to relevant health care professionals or specialised support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services.

Amendment 1043 #

Proposal for a directive
Article 17 – paragraph 4 a (new)

4 a. In particular in cases of sexual violence, the competent authorities shall provide victims with appropriate medical care, including for the clinical management of rape. Victims shall be informed of the methods to secure evidence for an eventual criminal procedure, taking into consideration their physical and mental condition and trauma.

Amendment 1044 #

Proposal for a directive
Article 17 – paragraph 5

5. Investigations into or prosecution of offences referred to in Article 5 shall not be dependent on reporting or accusation by a victim or by their representative, and criminal proceedings shall continue even if the report or accusation has been withdrawn. A comprehensive risk assessment shall be conducted to identify and manage the emergent risks affecting the victim and indirect victims, resulting from a continuation of criminal proceedings.

Amendment 1045 #

Proposal for a directive
Article 17 – paragraph 5

5. Investigations into or prosecution of offences referred to in Articles 5 and 6 shall not be dependent on reporting or accusation by a victim or by their representative, and criminal proceedings ~~shall~~may continue even if the report or accusation has been withdrawn under the condition that a comprehensive risk assessment has been conducted to identify and manage the emergent risks to the victim from a continuation of criminal proceedings.

Amendment 1046 #

Proposal for a directive
Article 17 – paragraph 5

5. Investigations into or prosecution of offences referred to in Articles 5 to 10 shall not be dependent on reporting or accusation by a victim or by their representative~~, and c~~. Criminal proceedings related to offences referred to in Articles 5, 6, 6a shall continue even if the report or accusation has been withdrawn.

Amendment 1047 #

Proposal for a directive
Article 17 – paragraph 5 a (new)

5a. Member States shall ensure that the offences listed in Chapter 2 are processed by legal professionals trained in accordance with Article 37 of this Directive or by a court specialised in combating violence against women and domestic violence if criminal proceedings have been brought.

Amendment 1048 #

Proposal for a directive
Article 17 – paragraph 5 a (new)

5 a. Member State shall take all necessary legal and other measures to ensure that victims may testify in the courtroom without being present or at least without the presence of the alleged offender, notably through the use of appropriate communication technologies.

Amendment 1049 #

Proposal for a directive
Article 17 – paragraph 5 a (new)

5 a. Member States shall ensure that investigation and prosecution of offences referred in Articles 7, 8, 9 and 10 are initiated following a report by or on behalf of the victim or upon judicial authorisation.

Amendment 1050 #

Proposal for a directive
Article 17 – paragraph 5 b (new)

5 b. Member States shall designate, train and provide resources for a sufficient number of specialised staff within its law enforcement authorities, prosecutors, and judicial authorities. Member States shall consider establishing dedicated units within law enforcement authorities, designating specialised prosecutors as well as creating specialist courts or chambers on violence against women and domestic violence, with jurisdiction over both civil and criminal procedures to allow a holistic approach to combat such offences.

Amendment 1051 #

Proposal for a directive
Article 17 – paragraph 5 c (new)

5 c. Member States shall ensure that the investigation of the offences referred to in Articles 7 to 10 is carried out diligently in order to prevent inadequate investigation from effectively prosecuting such offences and increasing impunity.

Amendment 1052 #

Proposal for a directive
Article 17 a (new)

Article 17 a Prohibition of mandatory alternative dispute resolution Member States shall take the necessary legislative or other measures to prohibit mandatory alternative dispute resolution processes in relation to all forms of violence against women and domestic violence covered by the scope of this Directive.

Amendment 1053 #

Proposal for a directive
Article 18 – paragraph 1

1. In the framework of the individual assessment which is to be carried out under Article 22 of Directive 2012/29/EU, Member States shall ensure that, as regards victims covered by this Directive, the additional elements as set out in paragraphs 2 to 7 of this Article are assessed and integrated into the national platform for monitoring and individual and personalised assessment of the risks incurred by victims referred to in Article 35a.

Amendment 1054 #

Proposal for a directive
Article 18 – paragraph 1

1. In the framework of the individual assessment which is to be carried out under Article 22 of Directive 2012/29/EU, Member States shall ensure that, as regards victims covered by this Directive, the additional elements as set out in paragraphs 2 to 7 of this Article are assessed and that it is conducted in a gender-sensitive manner .

Amendment 1055 #

Proposal for a directive
Article 18 – paragraph 1

1. ~~In t~~The framework of the individual assessment ~~which~~ is to be carried out under Article 22 of Directive 2012/29/EU, . Member States shall ensure that, as regards victims covered by this Directive, the additional elements as set out in paragraphs 2 to 78 of this Article are assessed in the individual risk assessment. .

Amendment 1056 #

Karen MELCHIOR

Proposal for a directive
Article 18 – paragraph 1 a (new)

1 a. Member States shall ensure that the instruments used for the individual assessment are built on data derived from relevant geographical context to ensure their validity and reliability.

Amendment 1057 #

Proposal for a directive
Article 18 – paragraph 1 a (new)

1 a. Member States shall ensure that the instruments used for the individual assessment are built on data derived from the European context to ensure their validity and reliability.

Amendment 1058 #

Proposal for a directive
Article 18 – paragraph 2

2. This specialised gender-sensitive individual assessment shall be initiated immediately by specialist services upon the first contact of the victim with the competent authorities. The competent judicial authorities shall verify at the latest at the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall remedy the situation by undertaking an assessment ~~as soon as possible~~without further delay.

Amendment 1059 #

Proposal for a directive
Article 18 – paragraph 2

2. This individual assessment shall be initiated immediately upon the first contact of the victim with the competent authorities. The competent judicial authorities shall verify at the latest at the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall promptly remedy the situation by undertaking an assessment ~~as soon as possible~~immediately.

Amendment 1060 #

Proposal for a directive
Article 18 – paragraph 2

2. This individual assessment shall be initiated upon the first contact of the victim with the competent authorities. The competent judicial authorities shall verify ~~at the latest at~~in a timely manner and before the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall remedy the situation by undertaking an assessment as soon as possible.

Amendment 1061 #

Proposal for a directive
Article 18 – paragraph 3

3. The individual assessment shall ~~focus on the risk emanating from the offender or suspect, including the risk of repeated violence~~, in particular, take into account the personal characteristics of the victim, the type or nature of the crime and the circumstances of the crime and shall be adapted according to the severity of the crime and the degree of apparent harm suffered by the victim, particularly in cases where the victim has suffered considerable harm due to the severity of the crime. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, the likelihood of the victim returning to the offender or alleged offender, the degree of control exercised over the victim, the risk of bodily harm, the use of weapons, the offender or suspect living with the victim, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues or behaviour of stalking, the risk for children or any other indirect victims o dependants, the risk for victims with disabilities, the administrative and economic situation of the victim.

Amendment 1062 #

Proposal for a directive
Article 18 – paragraph 3

3. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, lethality risk, the risk of bodily or psychological harm, the use of weapons, the offender or suspect living with the victim, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues or behaviour of stalking, or the withdrawal of complaints, the resumption of cohabitation and the victim's resignation on the protection measures granted.

Amendment 1063 #

Fabienne KELLER, Irène TOLLERET

Proposal for a directive
Article 18 – paragraph 3

3. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, the risk of bodily harm, the use of and access to weapons, the offender or suspect living with the victim, recent separation from an offender or suspect, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues including risk of suicide or behaviour of stalking.

Amendment 1064 #

Proposal for a directive
Article 18 – paragraph 3

Amendment 1065 #

María Soraya RODRÍGUEZ RAMOS, Lucia ĎURIŠ NICHOLSONOVÁ, Karen MELCHIOR, Abir AL-SAHLANI, Samira RAFAELA, Marco ZULLO, Irène TOLLERET, Ramona STRUGARIU, Dragoş TUDORACHE, Michal ŠIMEČKA, Sophia IN 'T VELD, Fabienne KELLER, Malik AZMANI

Proposal for a directive
Article 18 – paragraph 4

4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex and other grounds ~~and theref~~or whether they have specific needs ore face a heightened risk of violence, such as the cases referred to in Article 35(1), as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, as well as their dependants, and paying special attention to the need to avoid secondary or repeated victimisation. The individual assesment shall also take into consideration the financial, legal, emotional, social, physical and psychological impact on the victim.

Amendment 1066 #

Proposal for a directive
Article 18 – paragraph 4

4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of gender, sex and other grounds and therefore face a heightened risk of violence, whether they are pregnant, as well as the victim’s own account and assessment of the situation. It sh~~all be conducte~~ould consider whether the victim keeps any companion animals. It shall be conducted with a gender-sensitive approach and in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.

Amendment 1067 #

Proposal for a directive
Article 18 – paragraph 4

4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation, taking into account the victims added vulnerability where dependent children are forced into access and custody arrangements.

Amendment 1068 #

Proposal for a directive
Article 18 – paragraph 4

4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex and other grounds such as those referred to in Article 35(1) and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to ~~the need to avoid~~preventing secondary or repeated victimisation.

Amendment 1069 #

Isabel SANTOS

Proposal for a directive
Article 18 – paragraph 4

4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex and gender, and other grounds, and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.

Amendment 1070 #

Proposal for a directive
Article 18 – paragraph 4

Amendment 1071 #

Proposal for a directive
Article 18 – paragraph 5 – point a a (new)

(aa) measures to protect children by providing limitations on the parental responsibility of the parent who is or is alleged to be a perpetrator of violence;

Amendment 1072 #

Proposal for a directive
Article 18 – paragraph 5 – point b

(b) the granting of emergency barring and restraining or protection orders and the use of arrest and detention pursuant to Article 21 of this Directive;

Amendment 1073 #

Proposal for a directive
Article 18 – paragraph 5 – point b

(b) the granting of emergency barring and restraining or protection orders and the use of arrest and detention pursuant to Article 21 of this Directive;

Amendment 1074 #

Proposal for a directive
Article 18 – paragraph 5 – point c

(c) further measures to protect the victim, such as requiring the offender to wear an electronic anti-approach bracelet or providing the victim with a serious danger phone, or any other measure to manage the offender or suspect’s behaviour, in particular under Article 38 of this Directive.

Amendment 1075 #

Proposal for a directive
Article 18 – paragraph 5 – point c

(c) further measures to ~~manage~~ensure that the offender or suspect’s to adopts a non- violent and pro-social behaviour, in particular under Article 38 of this Directive.

Amendment 1076 #

María Soraya RODRÍGUEZ RAMOS, Lucia ĎURIŠ NICHOLSONOVÁ, Karen MELCHIOR

Proposal for a directive
Article 18 – paragraph 5 – point c a (new)

(ca) measures initiating the restriction or withdrawal of parental rights, in the best interest of the child, especially to provide protection and safety of victims.

Amendment 1077 #

Proposal for a directive
Article 18 – paragraph 6

6. The individual assessment shall be undertaken by adequately trained professionals in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as victim protection centres ~~and~~, women´s specialist services, women’s shelters, social services ~~and healthcare professional~~, children´s specialist services, child protection or welfare services, healthcare professionals and other relevant stakeholders.

Amendment 1078 #

Proposal for a directive
Article 18 – paragraph 6

6. The individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as women's specialist support services, and other relevant actors, such as social services, child welfare services healthcare professionals, and other relevant victim protection centres and women’s shelters, social services and healthcare professionals.

Amendment 1079 #

Proposal for a directive
Article 18 – paragraph 6

6. The individual assessment shall be undertaken by adequately trained professionals in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as ~~victim protection centres and women’s shelters, social services and healthcare professional~~specialist services, including women’s specialist services and other relevant actors, such as social services, children specialised services, healthcare professionals, and other relevant victim protection centres.

Amendment 1080 #

Proposal for a directive
Article 18 – paragraph 6

6. The individual assessment shall be undertaken using the information contained in the victim’s personal file in accordance with Article 35a of this Directive and in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as victim protection centres and women’s shelters, social services and healthcare professionals.

Amendment 1081 #

Proposal for a directive
Article 18 – paragraph 6

6. The individual assessment shall be undertaken by adequately trained professionals in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, ~~such as~~including specialised victims protection centres and women’s and children’s support services, shelters, social services and healthcare professionals.

Amendment 1082 #

Proposal for a directive
Article 18 – paragraph 6

6. The individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as ~~victim protection centr~~women's specialist services, and ~~women’s shelters, social services and healthcare professional~~other relevant actors, such as social services, child welfare services healthcare professionals, and other relevant victim protection centres.

Amendment 1083 #

Proposal for a directive
Article 18 – paragraph 6

Amendment 1084 #

Caterina CHINNICI, Hilde VAUTMANS, Milan BRGLEZ, Karen MELCHIOR, Olivier CHASTEL, David LEGA, Catharina RINZEMA, Cyrus ENGERER

Proposal for a directive
Article 18 – paragraph 6

Amendment 1085 #

Proposal for a directive
Article 18 – paragraph 7

7. Competent authorities shall determine a level of risk for each victim. These authorities shall allocate a series of support and prevention measures based on the level of risk. The authorities shall reassess the victim’s situation at regular intervals. The higher the level of risk, the more regularly the situation shall be reassessed. These authorities shall update the individual assessment at regular intervals to ensure the protection measures relate to the victim’s current situation. This shall include an assessment of whether protection measures, in particular under Article 21, need to be adapted or taken.

Amendment 1086 #

Proposal for a directive
Article 18 – paragraph 7

7. Competent authorities shall update the individual assessment at regular intervals, including during important junctures in the case and where there are alterations of parental arrangements to ensure the protection measures relate to the victim’s current situation. This shall include an assessment of whether protection measures, in particular under Article 21, need to be adapted or taken.

Amendment 1087 #

Proposal for a directive
Article 18 – paragraph 7

7. Competent authorities shall update the individual assessment at regular intervals, especially in the case of changes in custody or rights of access, to ensure the protection measures relate to the victim’s current situation. This shall include an assessment of whether protection measures, in particular under Article 21, need to be adapted or taken.

Amendment 1088 #

Proposal for a directive
Article 18 – paragraph 7

7. Competent authorities shall update the individual assessment at regular intervals to ensure the protection measures ~~relate to the victim’s current situation. This~~effectively and sufficiently address the victim’s current situation and needs. The individual assessment shall include an ~~assessment~~evaluation of whether protection measures, in particular under Article 21, need to be adapted or taken.

Amendment 1089 #

Proposal for a directive
Article 18 – paragraph 8

8. Victims’ dependants and indirect victims shall be presumed to have specific protection needs without undergoing the assessment referred to in paragraphs 1 to 6.

Amendment 1090 #

Proposal for a directive
Article 18 – paragraph 8

8. Victims’ dependants shall be presumed to have specific protection needs without undergoing the assessment referred to in paragraphs 1 to 67.

Amendment 1091 #

Proposal for a directive
Article 18 – paragraph 8 a (new)

8a. Member States shall ensure that the safety and welfare of children take precedence over the rights of access of the offender when there are reasonable doubts as to safe contact with the child from both a physical and emotional point of view. In the determination of the custody and visitation rights of children, incidents of violence should be taken into account. Member States shall take the necessary legislative or other measures to ensure that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victims including children.

Amendment 1092 #

Proposal for a directive
Article 18 – paragraph 8 a (new)

8a. Relevant authorities and specialised services shall ensure the provision of coordinated protection and support measures.

Amendment 1093 #

Proposal for a directive
Article 19 – paragraph 1

1. Member States shall e~~nsure that, taking into account the individual assessment referred to in Article 18, the competent authorities assess the~~stablish a system for the individual assessment that is adapted to the identification of immediate needs at the first contact and the support needs of victim’s ~~and their dependant’s individual needs for support as provided for under Chapter 4~~within criminal proceedings, is repeated regularly, and is carried out in collaboration with other relevant authorities, depending on the stage of the proceedings. Such systems should be adapted to vulnerable victims and to those being supported through a multi-agency centre.

Amendment 1094 #

Proposal for a directive
Article 19 – paragraph 1

1. Member States shall ensure that, taking into account the individual assessment referred to in Article 18, the competent authorities together with specialist support services, including women’s specialist services, assess the victim’s and their dependant’s individual needs for support at regular intervals as provided for under Chapter 4.

Amendment 1095 #

Proposal for a directive
Article 19 – paragraph 1 a (new)

1a. The individual assessment as well as the provision of services shall not depend on the victim’s willingness to press charges or testify against the offender.

Amendment 1096 #

Proposal for a directive
Article 19 – paragraph 2

2. Article 18(4), (6) and (7) shall apply to the individual assessment of support needs under paragraph 1 of this Article.

Amendment 1097 #

Proposal for a directive
Article 20 – title

Referral to women’s specialist support services

Amendment 1098 #

Proposal for a directive
Article 20 – title

Referral to specialist support services

Amendment 1099 #

Proposal for a directive
Article 20 – title

Referral to specialist support services

Amendment 1100 #

Proposal for a directive
Article 20 – title

Referral to specialist support services

Amendment 1101 #

Proposal for a directive
Article 20 – paragraph -1 (new)

-1. Member States shall ensure that a national referral mechanism is established to ensure that all victims of offences covered by this Directive are put in direct contact with appropriate support services without delay following their first contact with a competent authority, unless the victim specifically objects to it, and in accordance with national data protection laws.

Amendment 1102 #

Proposal for a directive
Article 20 – paragraph 1

1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that ~~support services contact victims to offer suppor~~women’s specialised support services or specialist support services for LGBTIQ victims of gender-based violence contact victims to offer support, only with the victim’s knowledge and consent.

Amendment 1103 #

Proposal for a directive
Article 20 – paragraph 1

1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialist support services contact victims to offer support immediately, with the victim´s knowledge and considering the risks identified in the individual assessment.

Amendment 1104 #

Proposal for a directive
Article 20 – paragraph 1

1. In addition to any referral, if the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialised support services contact victims to offer support., only with the victim’s knowledge and consent

Amendment 1105 #

Proposal for a directive
Article 20 – paragraph 1

1. In addition to any referral, if the assessments referred to in Articles 18 and 19 have identified specific support, medical or protection needs or if the victim requests support, Member States shall ensure that specialist support services contact victims to offer support with due regard to their safety.

Amendment 1106 #

Proposal for a directive
Article 20 – paragraph 1

1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that support services safely contact victims to offer support, only with the victim’s knowledge and consent.

Amendment 1107 #

Proposal for a directive
Article 20 – paragraph 1

Amendment 1108 #

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1 (new)

Member States shall ensure that a national referral mechanism is established to ensure that all victims of offences covered by this Directive are put in direct contact with appropriate support services following their first contact with competent authority in accordance with national data protection laws, unless the victim specifically objects to it .

Amendment 1109 #

Proposal for a directive
Article 20 – paragraph 2

2. The competent authorities shall respond to requests for protection and support, including medical care, in a timely and coordinated manner. They should be available without undue financial or administrative burden placed on the victim and irrespective of their residential or legal status.

Amendment 1110 #

Proposal for a directive
Article 20 – paragraph 2

2. The competent authorities shall respond to requests for protection and support ~~in a tim~~without delay and in a coordinated manner. Such authorities should be empowered to inform proceedings dealing with access and custody by relevant statute.

Amendment 1111 #

Proposal for a directive
Article 20 – paragraph 2

2. The competent authorities shall respond to requests for protection and support in a timely and coordinated manner. Such authorities should be empowered to inform proceedings dealing with access and custody by relevant statute.

Amendment 1112 #

Proposal for a directive
Article 20 – paragraph 2

2. The competent authorities shall respond to requests for protection and support, including medical care for the clinical management of rape, in a timely and coordinated manner.

Amendment 1113 #

Pina PICIERNO, Predrag Fred MATIĆ, Radka MAXOVÁ, Robert BIEDROŃ, Maria NOICHL, Evelyn REGNER, Maria-Manuel LEITÃO-MARQUES, Vera TAX, Vilija BLINKEVIČIŪTĖ, Alessandra MORETTI, Lina GÁLVEZ MUÑOZ

Proposal for a directive
Article 20 – paragraph 2

2. The competent authorities shall respond to requests for protection and support, including medical care for the clinical management of rape, in a timely and coordinated manner.

Amendment 1114 #

Proposal for a directive
Article 20 – paragraph 2

2. The competent authorities shall respond to requests for protection and support, in ~~a tim~~cluding medical care, without delay and in a coordinated manner.

Amendment 1115 #

Proposal for a directive
Article 20 – paragraph 3

3. Where needed, ~~they shall be able to~~Member States shall ensure that the competent authorities can refer child victims, including witnesses, to specialist support services without the prior consent of the abusive parent who is the holder of parental responsibility. In this case, the safety and protection needs of the non-abusive parent shall be assessed in parallel.

Amendment 1116 #

Proposal for a directive
Article 20 – paragraph 3

3. Where needed, they shall be able to refer child victims, including witnesses, to specialist support services without the prior consent of the violent holder of parental responsibility. In this case, the protection and support needs of the non-violent parent and their dependants shall be assessed and ensured in parallel.

Amendment 1117 #

Proposal for a directive
Article 20 – paragraph 3

3. Where needed, they shall be able to refer child victims, including witnesses, to support services without the prior consent of the holder of parental responsibility. The need for support services for non-abusive holders of parental responsibility shall be assessed in parallel.

Amendment 1118 #

Proposal for a directive
Article 20 – paragraph 3

3. Where needed, they shall be able to refer child victims, including witnesses, to women’s specialist support services without the prior consent of the holder of parental responsibility.

Amendment 1119 #

Proposal for a directive
Article 20 – paragraph 3 a (new)

3a. The referral to support services, including specialist support services, as well as the provision of services shall not depend on the victim’s willingness to press charges or testify against the offender.

Amendment 1120 #

Tudor CIUHODARU

Proposal for a directive
Article 20 – paragraph 4

4. Member States shall ensure the transmission of relevant personal data concerning the victim and their situation to the relevant support services, where this is necessary to ensure that the victim receives appropriate support and protection and shall ensure the protection of this data and access to data. Such transmission shall be confidential.

Amendment 1121 #

Proposal for a directive
Article 20 – paragraph 5

5. Support services shall store personal data for as long as necessary for the provision of support services~~, and in any event for no longer than 12 months after the last contact between the support service and the victim~~.

Amendment 1122 #

Proposal for a directive
Article 20 a (new)

Article 20a Custody, visitation rights and safety 1. Member States shall take the necessary legislative and other measures to ensure that, in the determination of custody and visitation rights of children, incidents of violence covered by the scope of this Directive are taken into account. 2. Member states shall take the necessary legislative and other measures to ensure that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children.

Amendment 1123 #

Proposal for a directive
Article 21 – title

Emergency barring, restraining and protection orders, arrest and detention

Amendment 1124 #

Proposal for a directive
Article 21 – paragraph 1

1. Member States shall ensure that, in situations of ~~immediate~~ danger for the victim’s or their dependant’s health or safety, and without undue financial or administrative burdens placed on the victim, the competent authorities issue orders addressed at an offender or suspect of violence covered by this Directive to vacate the residence of the victim or their dependants for a sufficient period of time ~~and~~, to prohibit the offender or suspect from entering or coming closer than a prescribed distance from the residence or to enter the victim’s workplace or, contacting the victim or their dependants ~~in any way. Such orders shall have immediate effect and not be dependent on a victim reporting the criminal offence.~~ or immediate family in any way and to remove weapons and other dangerous objects as well as arrest and detention in cases of immediate danger . Such orders shall have immediate effect and not be dependent on a victim reporting the criminal offence. Member states shall consider the use of electronic monitoring or any other supervision measures to ensure the enforcement of such orders.

Amendment 1125 #

Proposal for a directive
Article 21 – paragraph 1

1. Member States shall ensure that, in situations of ~~immediate~~ danger for the victim’s or their dependant’s health or safety, the competent authorities issue orders addressed at an offender or suspect of violence covered by this Directive to vacate the residence of the victim or their dependants for a sufficient given period of time and to prohibit the offender or suspect from ~~entering the residence or to enter the victim’s~~being within a certain distance of the victim, entering or being within a certain distance of the victim’s residence or workplace or contacting the victim or their dependants in any way. Such orders shall have immediate effect and not be dependent on a victim reporting the criminal offence and can be issued independently of the reporting of the criminal offence or the initiation of a prosecution by the victim.

Amendment 1126 #

Proposal for a directive
Article 21 – paragraph 1

1. Member States shall ensure that, in situations of immediate danger for the victim’s or their dependant’s health or safety, the competent authorities issue orders addressed at an offender or suspect of violence covered by this Directive to vacate the residence of the victim or their dependants for a sufficient period of time and to prohibit the offender or suspect from entering the residence or to enter the victim’s workplace or contacting the victim or their dependants in any way. Such orders shall have immediate effect and not be dependent on a victim reporting the criminal offence, and can be complementary to other orders outlined below.

Amendment 1127 #

Tudor CIUHODARU

Proposal for a directive
Article 21 – paragraph 1

1. Member States shall ensure that, in situations of immediate danger for the victim’s or their dependant’s health or safety, the competent authorities issue orders addressed at an offender or suspect of violence covered by this Directive to vacate the residence of the victim or their dependants for a sufficient period of time and to prohibit the offender or suspect from entering the residence or to enter the victim’s workplace, coming within a certain distance of the victim or contacting the victim or their dependants in any way. Such orders shall have immediate effect and not be dependent on a victim reporting the criminal offence.

Amendment 1128 #

Proposal for a directive
Article 21 – paragraph 1 a (new)

1a. Member States shall ensure that emergency barring, restraining and protection orders are not used as a substitute for arrest and detention where there is a risk of repeated and severe violence.

Amendment 1129 #

Proposal for a directive
Article 21 – paragraph 2

2. Member States shall ensure that the competent authorities can issue restraining or protection orders to provide long-term protection for victims or their dependants against any acts of violence covered by this Directive, including by prohibiting or restraining certain dangerous behaviour of the offender or suspect. They should be available for the immediate protection and without undue financial or administrative burden placed on the victim. Such orders shall be issued for an adequate period of time and have a minimum duration of 4 months. They shall have immediate effect and be issued on an ex-parte basis which has immediate effect and not be dependent on a victim reporting the criminal offence.

Amendment 1130 #

Proposal for a directive
Article 21 – paragraph 2

Amendment 1131 #

Proposal for a directive
Article 21 – paragraph 2

2. Member States shall ensure that the competent authorities can issue restraining or protection orders to provide long-term protection for victims or their dependants and their companion animals against any acts of violence covered by this Directive, including by prohibiting or restraining certain dangerous behaviour of the offender or suspect.

Amendment 1132 #

Proposal for a directive
Article 21 – paragraph 2 a (new)

2a. 5. Member States shall ensure that, in the determination of custody and visitation rights of children, incidents of violence covered by the scope of this Directive are taken into account, and that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or override a protection order.

Amendment 1133 #

Proposal for a directive
Article 21 – paragraph 2 a (new)

2a. Based on the individual assessment referred to in Article 18, the fitting of an anti-approach bracelet on the offender, the provision of a serious danger phone to the victim or any other mechanism may be implemented under paragraphs 1 and 2 of this Article.

Amendment 1134 #

Proposal for a directive
Article 21 – paragraph 2 a (new)

2a. Member States shall ensure that in situations in which barring, restraining and protection orders are issued, perpetrators are informed and encouraged to enrol in specialised programmes addressing gender based violence.

Amendment 1135 #

Nadine MORANO

Proposal for a directive
Article 21 – paragraph 2 a (new)

2a. Member States shall mobilise sufficient human and material resources to ensure that such protection and restraining orders are effectively enforced at all times and in all places.

Amendment 1136 #

Proposal for a directive
Article 21 – paragraph 2 a (new)

2a. Member States shall encourage the use of electronic monitoring to ensure the enforcement of measures referred to in paragraph 1 and 2, including during pre-trial periods.

Amendment 1137 #

Proposal for a directive
Article 21 – paragraph 2 b (new)

2b. Member States shall ensure that the competent authorities use arrest and detention of the offender or suspect without delay in situations of immediate danger for the victim or their dependants, for the purposes of preserving evidence or considering the results of the risk assessment.

Amendment 1138 #

Proposal for a directive
Article 21 – paragraph 2 b (new)

2b. Where the victim or their dependants are in immediate danger, Member States shall ensure that the competent authorities consider all measures to shelter victims and preserve evidence.

Amendment 1139 #

Proposal for a directive
Article 21 – paragraph 2 c (new)

2c. Where the offender is subject to detention, Member States shall ensure that the victim and the authorities concerned are informed of their release.

Amendment 1140 #

Proposal for a directive
Article 21 – paragraph 2 c (new)

2c. Member States shall ensure that the shared custody or the rights of access of the suspect violent parent are suspended during the duration of protection measures referred to in this Article.

Amendment 1141 #

Pina PICIERNO, Radka MAXOVÁ, Predrag Fred MATIĆ, Robert BIEDROŃ, Maria NOICHL, Maria-Manuel LEITÃO-MARQUES, Evelyn REGNER, Vera TAX, Vilija BLINKEVIČIŪTĖ, Alessandra MORETTI, Lina GÁLVEZ MUÑOZ

Proposal for a directive
Article 21 – paragraph 2 d (new)

2d. Member States shall ensure that emergency barring, restraining and protection orders are not used as a substitute for arrest and detention where there is a risk of repeated and severe violence.

Amendment 1142 #

Proposal for a directive
Article 21 – paragraph 3

3. Member States shall ensure that the competent authorities inform victims of the possibility to apply for emergency barring and restraining or protection orders, as well as the possibility to seek cross-border recognition of protection orders pursuant to Directive 2011/99/EU or Regulation (EU) No 606/2013. Member States shall ensure the use of electronic monitoring to secure the enforcement of emergency barring, restraining and protection orders, especially in cases where the offender faces suspended sentence, interim measures or any other similar measure ordered by the competent authorities while the offender awaits the final decision of the court on the charges brought against them.

Amendment 1143 #

Proposal for a directive
Article 21 – paragraph 3

Amendment 1144 #

Evin INCIR, Frances FITZGERALD

Proposal for a directive
Article 21 – paragraph 3

3. Member States shall ensure that the competent authorities ~~inform~~provide victims ofwith the possibility to apply for emergency barring and restraining or protection orders, as well as the possibility to seek cross-border recognition of protection orders pursuant to Directive 2011/99/EU or Regulation (EU) No 606/2013.

Amendment 1145 #

Proposal for a directive
Article 21 – paragraph 4

4. Any breaches of emergency barring or restraining and protection orders shall be subject to effective, proportionate and dissuasive criminal or other legal penalties. The Victim shall be informed of any breach of the protection orders and the competent authority should in such a situation immediately assess the possible risk of imminent harm and take the necessary protection measures.

Amendment 1146 #

Tudor CIUHODARU

Proposal for a directive
Article 21 – paragraph 4

4. Any breaches of emergency barring or restraining and protection orders shall be subject to effective, immediately enforceable, proportionate and dissuasive criminal or other legal penalties.

Amendment 1147 #

Proposal for a directive
Article 21 – paragraph 5 a (new)

5a. 6. Where there is a risk of breach of an emergency barring, restraining or protection order or where there is a high risk to the victim, Member States shall ensure that sufficient protective measures are in place.

Amendment 1148 #

Proposal for a directive
Article 21 – paragraph 5 b (new)

5b. An emergency barring order may require the offender to leave their home, even if they own it, if it is shared with the victim.

Amendment 1149 #

Proposal for a directive
Article 22 – paragraph 1

Without prejudice to the rights of defence, Member States shall ensure that, in criminal investigations and court proceedings, questions, enquiries and evidence concerning past sexual ~~conduct~~history and/or victim blaming attitudes towards conduct or attire of the victim or other aspects of the victim’s private life related thereto, including, where relevant, notes from counselling or therapy sessions, are not permitted.

Amendment 1150 #

Proposal for a directive
Article 22 – paragraph 1

Without prejudice to the rights of defence, Member States shall ensure that, in criminal investigations and court proceedings, questions, enquiries and evidence concerning past sexual and relationships history and conduct of the victim or other aspects of the victim’s private life related thereto including, where relevant, medical records and notes from counselling or therapy sessions, are not permitted.

Amendment 1151 #

Proposal for a directive
Article 22 – paragraph 1

Without prejudice to the rights of defence, Member States shall ensure that, in criminal investigations and court proceedings, questions, enquiries and evidence concerning past sexual conduct of the victim, her outfit or appearance or other aspects of the victim’s private life related thereto are not permitted.

Amendment 1152 #

Proposal for a directive
Article 22 – paragraph 1 a (new)

Member States shall take the necessary legislative measures to prohibit mandatory alternative dispute resolution processes, in relation to all forms of violence covered by the scope of this Directive.

Amendment 1153 #

Proposal for a directive
Article 23 – title

Guidelines and training for law enforcement and judicial authorities

Amendment 1154 #

Radka MAXOVÁ

Proposal for a directive
Article 23 – paragraph 1 – introductory part

Member States shall issue guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence. Those guidelines shall be created in cooperation with specialist services, including women’s and children specialist services and should include guidance on:

Amendment 1155 #

Proposal for a directive
Article 23 – paragraph 1 – introductory part

Member States shall issue guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence. Those guidelines should be developed in close cooperation with women’s specialist support services (WSS). Those guidelines shall include guidance on:

Amendment 1156 #

Proposal for a directive
Article 23 – paragraph 1 – introductory part

Member States shall ~~issue guidelines~~develop specialised gender-sensitive guidelines in cooperation with women’s organisations, and issue them for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence. Those guidelines shall include guidance on:

Amendment 1157 #

Member States shall issue gender-sensitive guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence. Those guidelines, which shall be tailored to the competences of each authority, shall include guidance on:

Amendment 1158 #

Proposal for a directive
Article 23 – paragraph 1 – introductory part

Member States shall issue guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of ~~violence against women or domestic~~gender-based violence. Those guidelines shall include guidance on:

Amendment 1159 #

Proposal for a directive
Article 23 – paragraph 1 – point a

(a) how to ensure the proper identification of all forms of such violence; and its mechanisms, including manipulation, psychological violence, coercive control, the relevance of intimate partner violence to children’s rights, their protection and their well-being.;

Amendment 1160 #

Proposal for a directive
Article 23 – paragraph 1 – point a a (new)

(aa) how to apply a gender-responsive and intersectional approach in all actions and measures;

Amendment 1161 #

Proposal for a directive
Article 23 – paragraph 1 – point b

(b) how to conduct the individual assessment under Articles 18 and 19 and to assess the level of risk to the victim and the measures to be applied;

Amendment 1162 #

(b) how to conduct the individual assessment under Articles 18 and 19, including the instances and periodicity of its update;

Amendment 1163 #

Proposal for a directive
Article 23 – paragraph 1 – point b

(b) how to conduct the individual assessment under Articles 18 and 19 and when to updated;

Amendment 1164 #

Proposal for a directive
Article 23 – paragraph 1 – point b a (new)

(ba) how to ensure an efficient and proper assessment and application of the emergency barring, restraining and protection orders referred to in Article 21;

Amendment 1165 #

Proposal for a directive
Article 23 – paragraph 1 – point b a (new)

(ba) how to complete the individual file referred to in Article 35a;

Amendment 1166 #

Proposal for a directive
Article 23 – paragraph 1 – point c

(c) how to treat victims in a trauma-, gender- disability-, language- and child- sensitive manner including through an intersectional approach as referred to in Article 2 of this directive;

Amendment 1167 #

Proposal for a directive
Article 23 – paragraph 1 – point c

(c) how to treat victims in a trauma-, gender-, disability- and child-sensitive manner, always ensuring the child's right to be heard and its best interest;

Amendment 1168 #

Proposal for a directive
Article 23 – paragraph 1 – point c

Amendment 1169 #

Andżelika Anna MOŻDŻANOWSKA

Proposal for a directive
Article 23 – paragraph 1 – point c

Amendment 1170 #

Proposal for a directive
Article 23 – paragraph 1 – point c

Amendment 1171 #

Annika BRUNA, Jean-Paul GARRAUD

Proposal for a directive
Article 23 – paragraph 1 – point c

Amendment 1172 #

Balázs HIDVÉGHI

Proposal for a directive
Article 23 – paragraph 1 – point c

Amendment 1173 #

Proposal for a directive
Article 23 – paragraph 1 – point d

(d) how to ensure that victims are treated in a respectful way and that the proceedings are conducted in a manner as to prevent secondary or repeat victimisation;

Amendment 1174 #

Proposal for a directive
Article 23 – paragraph 1 – point e

(e) how to cater to the enhanced protection, medical and support needs of victims experiencing discrimination based on a combination of gender or sex and other grounds;

Amendment 1175 #

Isabel SANTOS

Proposal for a directive
Article 23 – paragraph 1 – point e

(e) how to cater to the enhanced protection and support needs of victims experiencing discrimination based on a combination of sex and gender, and other grounds;

Amendment 1176 #

Proposal for a directive
Article 23 – paragraph 1 – point e

(e) how to cater to the enhanced protection and support needs of victims experiencing discrimination based on a combination of sex or gender and other grounds;

Amendment 1177 #

Balázs HIDVÉGHI

Proposal for a directive
Article 23 – paragraph 1 – point f

~~(f) how to avoid gender stereotypes;~~deleted

Amendment 1178 #

Annika BRUNA, Jean-Paul GARRAUD

Proposal for a directive
Article 23 – paragraph 1 – point f

(f) how to identify and avoid gender stereotypes and bias leading to gender- based violence against women ensuring inadequate response;

Amendment 1179 #

Proposal for a directive
Article 23 – paragraph 1 – point f

(f) how to avoid ~~gender stereotypes~~prejudices of any kind;

Amendment 1180 #

Andżelika Anna MOŻDŻANOWSKA

Proposal for a directive
Article 23 – paragraph 1 – point f

(f) how to avoid ~~gender~~sexual stereotypes;

Amendment 1181 #

Proposal for a directive
Article 23 – paragraph 1 – point f a (new)

(fa) how to prevent the use or acceptance of non-scientific theories and concepts, such as parental alienation and similar concepts, in custody cases which punish mothers who attempt to report cases of child abuse or gender-based violence, during the investigations to determine the existence of violence;

Amendment 1182 #

Proposal for a directive
Article 23 – paragraph 1 – point g

(g) how to refer victims to specialised support services, including medical, to ensure the appropriate treatment of victims and their children and handling of cases of violence against women or domestic violence.

Amendment 1183 #

Proposal for a directive
Article 23 – paragraph 1 – point g

(g) how to refer victims to support services, including medical services, to ensure the appropriate treatment of victims and handling of cases of ~~violence against women or domestic violence~~gender-based violence without delay.

Amendment 1184 #

Proposal for a directive
Article 23 – paragraph 1 – point g

(g) how to refer victims to specialist support services, to ensure the appropriate treatment of victims and handling of cases of violence against women or domestic violence.

Amendment 1185 #

Pina PICIERNO, Robert BIEDROŃ, Predrag Fred MATIĆ, Maria-Manuel LEITÃO-MARQUES, Radka MAXOVÁ

Proposal for a directive
Article 23 – paragraph 1 – point g a (new)

(ga) how to identify, recognise different typologies of offenders and address issues of minimisation, denial and victim- blaming, actively encouraging men to take responsibility for their violence and to voluntarily enrol in perpetrator programmes.

Amendment 1186 #

Proposal for a directive
Article 23 – paragraph 1 – point g a (new)

(ga) how to swiftly coordinate different legal proceedings linked to the case of violence against women or domestic violence, especially with regards to the proceedings on custody and rights of access of children.

Amendment 1187 #

Proposal for a directive
Article 23 – paragraph 1 – point g a (new)

(ga) how to ensure that children witnessing domestic or intimate violence are not obliged to unwanted treatment;

Amendment 1188 #

Pina PICIERNO, Robert BIEDROŃ, Predrag Fred MATIĆ, Maria-Manuel LEITÃO-MARQUES, Radka MAXOVÁ

Proposal for a directive
Article 23 – paragraph 1 – point g b (new)

(gb) how to ensure in cases of domestic and intimate partner violence that the criminal and civil proceedings are aligned, in particular when there are custody and visitation rights of the children involved.

Amendment 1189 #

Proposal for a directive
Article 23 – paragraph 1 – point g b (new)

(gb) how to deal with cases of cyber violence

Amendment 1190 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ

Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1 (new)

The Guidelines shall be elaborated in close cooperation with specialist services. They shall be reviewed at regular intervals, in light of their practical application, with the involvement of the specialist services, and necessary changes shall be made, if appropriate.

Amendment 1191 #

Proposal for a directive
Article 23 – paragraph 1 a (new)

The guidelines shall be elaborated and reviewed and, where necessary updated, on a regular basis, in light of their practical application, in consultation and cooperation with women´s specialist services, victim protection centres, healthcare professionals and other relevant actors.

Amendment 1192 #

Proposal for a directive
Article 23 – paragraph 1 a (new)

When a victim first makes contact with the law enforcement authorities, the suspected offence should always be logged; the accuracy of the report should subsequently be verified during the investigation, based on all of the relevant factors;

Amendment 1193 #

Proposal for a directive
Article 23 – paragraph 1 a (new)

The guidelines shall be elaborated and reviewed in close cooperation with the specialist services and shall be updated when necessary.

Amendment 1194 #

Proposal for a directive
Article 23 – paragraph 1 b (new)

Member States shall ensure that all competent authorities acting in criminal proceedings, including prosecutorial and judicial authorities, are properly and regularly trained in line with the guidelines referred to in paragraph 1, in cooperation with women´s specialist services, victim protection centres, healthcare professionals and other relevant actors.

Amendment 1195 #

Proposal for a directive
Article 24 – title

Role of specialised national bodies, other specialised relevant actors and equality bodies

Amendment 1196 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – introductory part

Member States shall designate and make the necessary arrangement for a body or bodies to carry out, independently and with sufficient human and financial resources, the following tasks:

Amendment 1197 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – introductory part

Member States shall designate and make the necessary arrangement for a body or bodies or other specialised relevant actors to carry out the following tasks:

Amendment 1198 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point a

(a) ~~provide~~support specialised services in the provision of independent assistance and advice to victims of violence against women and domestic violence;

Amendment 1199 #

Andżelika Anna MOŻDŻANOWSKA

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point a

(a) provide independent assistance and advice to victims of ~~violence against women and domestic violence~~gender-based violence and witnesses;

Amendment 1200 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c

~~(c) exchange available information with corresponding European bodies such as the European Institute for Gender Equality.~~deleted

Amendment 1201 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c

(c) provide support with data collection and exchange available information with corresponding European bodies such as the European Institute for Gender Equality.

Amendment 1202 #

Fabienne KELLER, Irène TOLLERET

(c) exchange available information with corresponding European bodies such as the European Institute for Gender Equality and Europol Cybercrime Center.

Amendment 1203 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c a (new)

(ca) ensure the consultation and participation of Women’s Specialist Support Services in the national strategies for prevention, protection and support in matters of such forms of violence.

Amendment 1204 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c a (new)

(ca) provide training to relevant competent authorities;

Amendment 1205 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c b (new)

(cb) monitoring of the transposition of this Directive.

Amendment 1206 #

Proposal for a directive
Article 24 – paragraph 2

2. Member States shall ensure that the bodies referred to in paragraph 1 have the relevant expertise on criminal law and the violence addressed in this Directive. If so, they can act on behalf or in support of one or several victims of violence against women or domestic violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.

Amendment 1207 #

2. Member States shall ensure that the bodies or other specialised relevant actors referred to in paragraph 1 can act on behalf or in support of one or several victims of violence against women or domestic violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.

Amendment 1208 #

Proposal for a directive
Article 24 – paragraph 2

2. Member States shall ensure that the bodies referred to in paragraph 1 can act on behalf or in support of one or several victims of ~~violence against women or domestic~~gender-based violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.

Amendment 1209 #

Proposal for a directive
Article 24 – paragraph 2 a (new)

2a. The tasks covered under this Article may be taken on by the coordinating body referred to in Article 39.

Amendment 1210 #

Proposal for a directive
Article 25 – paragraph 1

1. Member States shall take the necessary measures to ensure the prompt removal of material referred to in Article 7, points (a) and (b), Article 8, point (c), and Articles 9 and 10. Those measures shall include the possibility for their competent judicial authorities to issue, upon application by the victim, binding legal orders to remove or disable access to such material addressed to relevant providers of intermediary services, including in situations where the provider of intermediary services is not based on their territory.

Amendment 1211 #

Proposal for a directive
Article 25 – paragraph 1

1. Member States shall take the necessary measures to ensure the prompt removal of material referred to in Article 7, points (a) and (b), Article 8, point (c), and Articles 9 and 10. Those measures shall include the possibility for their competent judicial authorities to issue, upon application by the victim, binding legal orders to remove or disable access to such material addressed to relevant providers of ~~intermediary services.~~hosting services; Article 9 of Regulation 2022/2065 shall apply to these orders mutatis mutandis

Amendment 1212 #

Proposal for a directive
Article 25 – paragraph 1

1. Member States shall take the necessary measures to ensure the prompt removal of material referred to in Article 7, points (a) and (b), Article 8a, Articles 9, points (~~c),~~a) and ~~Articles 9~~(b) and 10. Those measures shall include the possibility for their competent judicial authorities to issue, upon application by the victim, binding legal orders to remove or disable access to such material addressed to relevant providers of intermediary services.

Amendment 1213 #

Proposal for a directive
Article 25 – paragraph 2 – introductory part

2. Member States shall ensure that orders referred to in paragraph 1 can be issued in interim proceedings, even prior to the termination of any criminal proceedings regarding the offences referred to in Article 7, points (a) and (b), Article 8~~, point (c), Article 9~~a, Article 9, point (a) and (b) or Article 10 where the judicial authority seized considers that:

Amendment 1214 #

Proposal for a directive
Article 25 – paragraph 2 – point a

(a) it has been presented with sufficient evidence to justify the conclusion that the conduct referred to in Article 7, points (a) and (b), Article 8~~, point (c), Article 9~~a, Article 9, point (a) and (b) or Article 10 likely took place in respect of the applicant and that the material that is the object of the application constitutes material as referred to in those articles;

Amendment 1215 #

Caterina CHINNICI, Hilde VAUTMANS, Milan BRGLEZ, Karen MELCHIOR, Olivier CHASTEL, David LEGA, Catharina RINZEMA, Cyrus ENGERER

Proposal for a directive
Article 25 – paragraph 2 – point b

(b) the removal of that material is necessary to prevent or limit significant harm to the victim and further dissemination, thereby preventing revictimization;

Amendment 1216 #

Proposal for a directive
Article 25 – paragraph 3

3. Member States shall ensure that orders referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) and (b), Article 8, point (c), Article 9 or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of intermediary services concerned is informed thereof. Adequate state compensation shall be awarded to those who have sustained serious bodily injury or impairment of health, and to orphans from victims, to the extent that the damage is not covered by other sources, such as the perpetrator. Member States are not precluded from claiming regress for compensation awarded from the perpetrator, as long as due regard is paid to the victim’s safety.

Amendment 1217 #

Proposal for a directive
Article 25 – paragraph 3

3. Member States shall ensure that orders referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a), (b), Article 8a, Article 9, point (a) and (b) or Article 10 conclude with a finding that such an offence has been committed, the orders referred to in paragraphs 1 and 2 become permanent. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) and (b), Article 8~~, point (c), Article 9~~a, Article 9, point (a) and (b) or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of intermediary services concerned is informed thereof.

Amendment 1218 #

Proposal for a directive
Article 25 – paragraph 3

3. Member States shall ensure that orders referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding the duration of any related criminal proceedings or one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) and (b), Article 8, point (c), Article 9 or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of intermediary services concerned is informed thereof.

Amendment 1219 #

Proposal for a directive
Article 25 – paragraph 3

3. Member States shall ensure that orders to disable access referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) and (b), Article 8, point (c), Article 9 or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of ~~intermediary~~hosting services concerned is informed thereof.

Amendment 1220 #