Progress: Awaiting Parliament's position in 1st reading
Lead committee dossier:
Legal Basis:
RoP 40, RoP 57, RoP 58, TFEU 082-p2, TFEU 083-p1-a1
Legal Basis:
RoP 40, RoP 57, RoP 58, TFEU 082-p2, TFEU 083-p1-a1Subjects
Events
The Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality adopted the report presented by Frances FITZGERALD (EPP, IE) and Evin INCIR (S&D, SE) on the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence.
The relevant committees recommended that the European Parliament’s position adopted at first reading in the ordinary legislative procedure should amend the proposal as follows:
The proposed Directive lays down rules to prevent and combat violence against women and domestic violence. It should establish minimum rules on the rights of victims to protection and support , as well as prevention and early intervention.
The Directive should take into account the increased risk of violence faced by victims of intersectional discrimination based on both sex and gender. Member States should 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 rights of victims, including their physical and psychological integrity, privacy and safety.
Criminal conduct
According to Members, the 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, sexual assault, female genital mutilation, intersex genital mutilation, forced sterilisation, forced marriage, sexual harassment in the world of work, the non-consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, the unsolicited receipt of sexually explicit material, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments,
Concept of consent
Members proposed broadening the definition of rape to include all other acts of non-consensual sexual nature. ‘ Non-consensual act ’ means an act 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 fear, intimidation, unconsciousness, intoxication, sleep, illness, bodily injury or disability or in an otherwise particularly vulnerable situation.
It is emphasised that consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted by the woman’s silence, verbal or physical non-resistance or past sexual conduct or existing or past relationship with the offender including marital or any other partnership status.
Sanctions
Members believe that sexual assault should carry a maximum penalty of at least three years in prison and at least five years if the offence was committed under aggravating circumstances. Sexual harassment offences in the workplace should carry a maximum penalty of at least one year in prison.
Aggravating circumstances
Members expanded the list of aggravating circumstances. This should include situations where:
- the offence was committed against a person made vulnerable by special circumstances, such as residency status, pregnancy, dependency, physical, mental, intellectual or sensory distress or disability, a person who is a victim of trafficking or living in an institution including retirement homes, children’s homes, reception centres, detention or accommodation centres for asylum seekers;
- the offence was committed against a public representative, journalist or human rights defender;
- the intent of the crime was to preserve or restore the “honour” of a person, family, community;
- the crime was intended to punish victims for their sexual orientation, gender expression or identity, sexual characteristics, skin colour, religion, social origin or political beliefs.
Protection of victims
Victims should have access to legal aid and assistance, free of charge and in a language they can reasonably understand, when reporting criminal offences and during judicial proceedings. The competent authorities should take all necessary steps to ensure that all evidence is obtained as soon as possible. Member States should ensure that victims are referred to a specialised contact person within the competent authority irrespective of whether a criminal complaint is filed.
Members stressed the importance of always recognising as victims children who have witnessed violence against women and domestic violence and suggested specific improvements to ensure that the best interests of the child are duly taken into account. To this end, Member States should ensure that professionals specialising in the care and support of children are present in order to assist them in reporting procedures.
Investigations and court proceedings
Competent authorities should promptly and effectively record and investigate allegations of violence against women or domestic violence and ensure that an administrative record is kept in all cases and that evidence is preserved, whether or not the investigation proceeds. Victims should be informed of the importance of collecting evidence at the earliest possible time.
Specialised individual assessment to identify victims' needs
The specialised individual assessment should be initiated without delay upon the first contact of the victim with the competent authorities and should be carried out by professionals with expertise in this area. Circumstances requiring special attention should include the fact that the victim is pregnant, the victim’s dependence on or relationship to the offender, the risk of the victim returning to the offender or suspect, recent separation from an offender or suspect, the possible risk that children and companion animals are used to exercise control over the victim and the risks for victims with disabilities.
Emergency barring, restraining and protection orders, arrest and detention
Members proposed enhanced measures to ensure the safety of victims during the process, stressing the need for barring, restraining and protection orders as well as arrests and detention as a way of protecting women’s safety and obtaining evidence. Member State authorities should also make greater efforts to secure evidence , both online and offline, as early as possible, and electronic monitoring , such as ankle bracelets, should be used to make sure that barring, restraining and protection orders are respected, and can be followed up upon.
Lastly, Member States should facilitate the tasks of a Union coordinator on combating gender-based violence, responsible for improving coordination between Union institutions, bodies, offices and agencies, Member States and international actors, and the coherence of the actions they take in the fight against violence against women and domestic violence.
PURPOSE: to provide a comprehensive framework for effectively combating violence against women and domestic violence throughout the Union.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: violence against women and domestic violence are criminal offences, violations of human rights and various forms of discrimination. Combating such violence is part of the European Commission's action to protect the fundamental values of the Union and to ensure compliance with the Charter of Fundamental Rights of the European Union.
Violence against women and domestic violence are pervasive throughout the EU and are estimated to affect 1 in 3 women in the EU. In terms of more specific types of violence, in 2014, one in ten women reported being sexually assaulted and one in twenty women reported being raped. More than one in 5 women experienced domestic violence. By 2020, an estimated one in 2 young women have experienced gender-based cyber-violence. Cyber-violence particularly affects women who are active in public life, such as female politicians or journalists, or human rights defenders.
Women also experience violence at work: about a third of women in the EU who have faced sexual harassment experienced it at work.
The European Parliament has repeatedly asked the Commission to propose legislation on violence against women and domestic violence, as well as on gender-based cyber-violence. Parliament has also adopted two legislative initiative reports calling on the Commission to (i) bring forward proposals on combating gender-based violence and cyber-violence respectively and (ii) the addition of gender-based violence as a new area of crime listed in Article 83(1) TFEU [(see 2020/2035(INL ) and 2021/2035 (INL) ].
CONTENT: the proposal for a Directive aims to prevent and combat violence against women and domestic violence in order to ensure a high level of safety and full enjoyment of fundamental rights within the Union, including the right to equal treatment and non-discrimination between women and men. To this end, measures are proposed in the following areas
(1) Criminalisation of the relevant offences and penalties for such offences
The proposal aims to criminalise certain forms of violence that disproportionately affect women, which are insufficiently addressed at national level and which fall within the competence of the EU, on the basis of existing legal bases. This concerns the criminalisation of rape on the basis of lack of consent (without the necessary use of force or threats, as is the case in some Member States), female genital mutilation , and certain offences related to computer crime : non-consensual sharing of intimate or manipulated material, online stalking, cyberstalking and incitement to violence or hatred online.
The proposal defines the minimum level of maximum penalties for the offences concerned. Member States should thus ensure that rape is punishable by a maximum penalty of at least eight years' imprisonment, and at least ten years' imprisonment if the offence was committed under aggravating circumstances.
(2) Victim protection and access to justice
The proposal:
- contains rules on the reporting of violence against women and domestic violence to ensure that these offences are prosecuted;
- ensures that offences are effectively investigated and prosecuted, that sufficient expertise and resources are available and that offences amounting to rape are prosecuted ex officio ;
- provide for an individual needs assessment for protection and support tailored to the specific needs of victims of violence against women or domestic violence;
- provide for specific safeguards for child victims of violence against women or domestic violence;
- ensure protection through emergency barring and protection orders;
- ensure that victims can effectively claim compensation from the offender;
- ensure the removal of online content in relation to offences of cyber violence, and a possibility of judicial redress for the affected users; and
- ensures that government bodies exist to assist, advise and to represent victims in court proceedings in matters of violence against women or domestic violence.
(3) Victim support
The proposal includes specific support in cases of sexual violence and female genital mutilation, access to national helplines, improved access to shelters and comprehensive support for victims of sexual harassment at work. Targeted support for victims with specific needs and groups at risk, including women fleeing armed conflict, is also planned.
(4) Prevention
The proposal includes an obligation to carry out awareness-raising activities. It provides that professionals who are most likely to come into contact with victims should receive targeted training and information and that intervention programmes should be open, on a voluntary basis, to those who fear that they would commit such crimes.
(5) Coordination and cooperation
The proposal strengthens coordination and cooperation at national and EU level, ensuring a multi-agency approach and strengthening data collection on violence against women and domestic violence.
Budgetary impact
The European Institute for Gender Equality (the EIGE) would need the following financial and human resources to be able to carry out the administrative data collection: (i) one-off set-up cost: EUR 200 000; (ii) annual maintenance and running costs: EUR 750 000; (iii) staff: one temporary agent (full-time equivalent) from 2025 onwards and two contractual agents (full-time equivalent) from 2025 onwards (i.e. a three in total).
Documents
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE759.029
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000988
- Text agreed during interinstitutional negotiations: PE759.029
- Committee report tabled for plenary, 1st reading: A9-0234/2023
- Specific opinion: PE750.144
- Committee opinion: PE737.239
- Committee opinion: PE734.177
- Committee opinion: PE739.787
- Amendments tabled in committee: PE740.668
- Amendments tabled in committee: PE742.348
- Amendments tabled in committee: PE742.349
- Amendments tabled in committee: PE742.350
- Amendments tabled in committee: PE742.352
- Committee draft report: PE739.730
- Contribution: COM(2022)0105
- Economic and Social Committee: opinion, report: CES1395/2022
- Contribution: COM(2022)0105
- Document attached to the procedure: SEC(2022)0150
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0060
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0061
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0062
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0063
- Legislative proposal published: COM(2022)0105
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SEC(2022)0150
- Document attached to the procedure: EUR-Lex SWD(2022)0060
- Document attached to the procedure: EUR-Lex SWD(2022)0061
- Document attached to the procedure: EUR-Lex SWD(2022)0062
- Document attached to the procedure: EUR-Lex SWD(2022)0063
- Economic and Social Committee: opinion, report: CES1395/2022
- Committee draft report: PE739.730
- Amendments tabled in committee: PE740.668
- Amendments tabled in committee: PE742.348
- Amendments tabled in committee: PE742.349
- Amendments tabled in committee: PE742.350
- Amendments tabled in committee: PE742.352
- Committee opinion: PE739.787
- Committee opinion: PE734.177
- Committee opinion: PE737.239
- Specific opinion: PE750.144
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000988
- Text agreed during interinstitutional negotiations: PE759.029
- Contribution: COM(2022)0105
- Contribution: COM(2022)0105
Activities
- Karen MELCHIOR
Plenary Speeches (2)
- Evin INCIR
Plenary Speeches (2)
- Frances FITZGERALD
Plenary Speeches (2)
- Cristian TERHEŞ
Plenary Speeches (2)
- Malin BJÖRK
Plenary Speeches (1)
- Caterina CHINNICI
Plenary Speeches (1)
- Rosa ESTARÀS FERRAGUT
Plenary Speeches (1)
- Laura FERRARA
Plenary Speeches (1)
- Lívia JÁRÓKA
Plenary Speeches (1)
- Juan Fernando LÓPEZ AGUILAR
Plenary Speeches (1)
- Elżbieta Katarzyna ŁUKACIJEWSKA
Plenary Speeches (1)
- Ana MIRANDA
Plenary Speeches (1)
- Dimitrios PAPADIMOULIS
Plenary Speeches (1)
- Pina PICIERNO
Plenary Speeches (1)
- Evelyn REGNER
Plenary Speeches (1)
- María Soraya RODRÍGUEZ RAMOS
Plenary Speeches (1)
- Rainer WIELAND
Plenary Speeches (1)
- Roberts ZĪLE
Plenary Speeches (1)
- Nicolae ŞTEFĂNUȚĂ
Plenary Speeches (1)
- Manon AUBRY
Plenary Speeches (1)
- Alexandra GEESE
Plenary Speeches (1)
- Assita KANKO
Plenary Speeches (1)
- Arba KOKALARI
Plenary Speeches (1)
- Alice KUHNKE
Plenary Speeches (1)
- Diana RIBA I GINER
Plenary Speeches (1)
- Eugenia RODRÍGUEZ PALOP
Plenary Speeches (1)
- Nathalie COLIN-OESTERLÉ
Plenary Speeches (1)
- Martin HOJSÍK
Plenary Speeches (1)
- Elena KOUNTOURA
Plenary Speeches (1)
- Mario FURORE
Plenary Speeches (1)
- Radka MAXOVÁ
Plenary Speeches (1)
- Sylwia SPUREK
Plenary Speeches (1)
- Silvia SARDONE
Plenary Speeches (1)
- Mathilde ANDROUËT
Plenary Speeches (1)
- Annika BRUNA
Plenary Speeches (1)
- Łukasz KOHUT
Plenary Speeches (1)
- Marc ANGEL
Plenary Speeches (1)
- Barry ANDREWS
Plenary Speeches (1)
- Margarita DE LA PISA CARRIÓN
Plenary Speeches (1)
- Romana JERKOVIĆ
Plenary Speeches (1)
Votes
A9-0234/2023 – Evin Incir, Frances Fitzgerald – Request to vote on the amendments to the draft legislative act #
IT | HU | SI | MT | EE | LU | SK | LV | DK | FI | HR | EL | LT | AT | IE | BG | NL | CZ | SE | PT | BE | RO | PL | FR | ES | DE | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
55
|
14
|
8
|
4
|
7
|
6
|
13
|
8
|
14
|
14
|
11
|
14
|
10
|
17
|
12
|
14
|
28
|
20
|
21
|
19
|
21
|
28
|
44
|
74
|
58
|
89
|
|
ID |
50
|
Italy IDFor (17) |
1
|
1
|
3
|
1
|
3
|
Germany IDAgainst (6)Abstain (2) |
|||||||||||||||||||
NI |
36
|
Italy NIFor (6)Against (1) |
Hungary NIAgainst (8) |
3
|
1
|
2
|
3
|
1
|
1
|
1
|
1
|
2
|
3
|
3
|
|||||||||||||
The Left |
29
|
1
|
1
|
2
|
4
|
1
|
2
|
1
|
France The LeftAgainst (6) |
Spain The LeftAgainst (6) |
Germany The LeftAgainst (5) |
||||||||||||||||
ECR |
61
|
Italy ECRFor (7) |
1
|
1
|
2
|
1
|
1
|
1
|
2
|
Netherlands ECRFor (3)Against (2) |
4
|
3
|
3
|
1
|
Poland ECRAgainst (23)
Andżelika Anna MOŻDŻANOWSKA,
Anna FOTYGA,
Anna ZALEWSKA,
Beata KEMPA,
Beata MAZUREK,
Beata SZYDŁO,
Bogdan RZOŃCA,
Dominik TARCZYŃSKI,
Elżbieta KRUK,
Elżbieta RAFALSKA,
Grzegorz TOBISZOWSKI,
Izabela-Helena KLOC,
Jacek SARYUSZ-WOLSKI,
Jadwiga WIŚNIEWSKA,
Joanna KOPCIŃSKA,
Kosma ZŁOTOWSKI,
Krzysztof JURGIEL,
Patryk JAKI,
Ryszard Antoni LEGUTKO,
Ryszard CZARNECKI,
Tomasz Piotr PORĘBA,
Witold Jan WASZCZYKOWSKI,
Zdzisław KRASNODĘBSKI
|
1
|
Spain ECR |
1
|
|||||||||
Renew |
98
|
3
|
1
|
2
|
3
|
2
|
4
|
1
|
Denmark RenewFor (3)Against (3) |
3
|
1
|
1
|
1
|
1
|
2
|
2
|
Netherlands RenewFor (1)Against (5)Abstain (1) |
Czechia RenewAgainst (5) |
3
|
4
|
Romania RenewFor (1)Against (6) |
1
|
France RenewAgainst (22)
Bernard GUETTA,
Catherine AMALRIC,
Catherine CHABAUD,
Christophe GRUDLER,
Dominique RIQUET,
Fabienne KELLER,
Gilles BOYER,
Guy LAVOCAT,
Irène TOLLERET,
Jérémy DECERLE,
Laurence FARRENG,
Marie-Pierre VEDRENNE,
Max ORVILLE,
Nathalie LOISEAU,
Pascal CANFIN,
Pierre KARLESKIND,
Salima YENBOU,
Sandro GOZI,
Stéphane BIJOUX,
Stéphanie YON-COURTIN,
Sylvie BRUNET,
Valérie HAYER
|
Germany RenewAgainst (7) |
|||
Verts/ALE |
68
|
1
|
1
|
2
|
3
|
1
|
2
|
3
|
2
|
3
|
3
|
3
|
1
|
3
|
1
|
1
|
France Verts/ALEAgainst (12) |
3
|
Germany Verts/ALEAgainst (23)
Alexandra GEESE,
Anna CAVAZZINI,
Anna DEPARNAY-GRUNENBERG,
Damian BOESELAGER,
Daniel FREUND,
Erik MARQUARDT,
Hannah NEUMANN,
Henrike HAHN,
Jan OVELGÖNNE,
Jutta PAULUS,
Katrin LANGENSIEPEN,
Manuela RIPA,
Martin HÄUSLING,
Michael BLOSS,
Niklas NIENASS,
Patrick BREYER,
Pierrette HERZBERGER-FOFANA,
Rasmus ANDRESEN,
Reinhard BÜTIKOFER,
Sergey LAGODINSKY,
Ska KELLER,
Terry REINTKE,
Viola VON CRAMON-TAUBADEL
|
||||||||
S&D |
123
|
Italy S&DFor (11)Against (1) |
Hungary S&DFor (4)Against (1) |
2
|
3
|
2
|
1
|
1
|
2
|
3
|
2
|
4
|
1
|
2
|
Austria S&DAgainst (5) |
3
|
Netherlands S&DAgainst (6) |
1
|
5
|
Portugal S&DFor (1)Against (8) |
2
|
5
|
Poland S&DAgainst (6) |
France S&DAgainst (7) |
Spain S&DAgainst (21)
Alicia HOMS GINEL,
Clara AGUILERA,
Cristina MAESTRE MARTÍN DE ALMAGRO,
César LUENA,
Domènec RUIZ DEVESA,
Eider GARDIAZABAL RUBIAL,
Estrella DURÁ FERRANDIS,
Ibán GARCÍA DEL BLANCO,
Inma RODRÍGUEZ-PIÑERO,
Iratxe GARCÍA PÉREZ,
Isabel GARCÍA MUÑOZ,
Javi LÓPEZ,
Javier MORENO SÁNCHEZ,
Jonás FERNÁNDEZ,
Juan Fernando LÓPEZ AGUILAR,
Laura BALLARÍN CEREZA,
Lina GÁLVEZ MUÑOZ,
Marcos ROS SEMPERE,
Mónica Silvana GONZÁLEZ,
Nacho SÁNCHEZ AMOR,
Nicolás GONZÁLEZ CASARES
|
Germany S&DAgainst (13) |
|
PPE |
158
|
Italy PPEFor (7)Against (1) |
4
|
1
|
1
|
2
|
4
|
3
|
1
|
3
|
3
|
Greece PPEAgainst (5) |
4
|
Austria PPEFor (1)Against (4) |
4
|
Bulgaria PPEAgainst (7) |
Netherlands PPEAgainst (6) |
Czechia PPEFor (1)Against (4) |
Sweden PPEAgainst (6) |
Portugal PPEAgainst (7) |
Belgium PPEAgainst (3)Abstain (1) |
Poland PPEFor (1)Against (12) |
France PPEFor (7)Against (1) |
Spain PPEAgainst (12) |
Germany PPEFor (1)Against (28)
Andreas SCHWAB,
Angelika NIEBLER,
Axel VOSS,
Christian DOLESCHAL,
Christian EHLER,
Christine SCHNEIDER,
Daniel CASPARY,
David McALLISTER,
Dennis RADTKE,
Hildegard BENTELE,
Jens GIESEKE,
Karolin BRAUNSBERGER-REINHOLD,
Lena DÜPONT,
Manfred WEBER,
Marion WALSMANN,
Markus FERBER,
Markus PIEPER,
Marlene MORTLER,
Michael GAHLER,
Niclas HERBST,
Niels GEUKING,
Norbert LINS,
Peter JAHR,
Peter LIESE,
Rainer WIELAND,
Ralf SEEKATZ,
Stefan BERGER,
Sven SIMON
|
A9-0234/2023 – Evin Incir, Frances Fitzgerald – Provisional agreement – Am 298 #
Amendments | Dossier |
2069 |
2022/0066(COD)
2023/01/24
JURI
226 amendments...
Amendment 100 #
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,
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
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
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
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
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,
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
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 (61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in
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 (63) In order to ensure that victims of
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, o
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 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
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
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
Amendment 127 #
Proposal for a directive Article 4 – paragraph 1 – point c (c) “victim” means any person, regardless of sex
Amendment 128 #
Proposal for a directive Article 4 – paragraph 1 – point g (g)
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
Amendment 135 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) initiating an attack
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
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
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
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 Amendment 143 #
Proposal for a directive Article 15 – paragraph 3 Amendment 144 #
Proposal for a directive Article 15 – paragraph 4 Amendment 145 #
Proposal for a directive Article 15 – paragraph 5 Amendment 146 #
Proposal for a directive Article 15 – paragraph 6 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
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
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, o
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, o
Amendment 154 #
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 in a confidential way to the competent authorities.
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 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. In particular, if the victim is a child, the relevant professionals shall
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
Amendment 158 #
Proposal for a directive Article 16 – paragraph 4 4. Where children report criminal offences of violence against women, o
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, o
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 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. Professionals dealing with such cases should be trained in a targeted way to be able to approach all forms of violence and its mechanisms, focusing on the needs and concerns of victims as a priority.
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
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
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
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 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 shelters, social services and child welfare services as well as healthcare professionals.
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 th
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 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 2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of violence against women and domestic violence, including those with disabilities and living in institutions.
Amendment 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-
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
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
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
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
Amendment 202 #
Proposal for a directive Article 28 – paragraph 4 4. Article 27(3), (6) and (
Amendment 203 #
Proposal for a directive Article 29 – paragraph 2 2. Article 27(3), (6) and (
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
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
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
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
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
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 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
Amendment 223 #
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.
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
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
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
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
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
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
Amendment 240 #
Proposal for a directive Article 36 – paragraph 2 2. Preventive measures shall include awareness-raising campaigns, research and education programmes
Amendment 241 #
Proposal for a directive Article 36 – paragraph 2 2. Preventive measures shall include awareness-raising campaigns targeting all ages, research and
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
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
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
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
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
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-
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-
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-
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
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 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
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.
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
Amendment 53 #
Proposal for a directive Recital 4 (4) This Directive should apply to
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
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
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
Amendment 57 #
Proposal for a directive Recital 6 (6) Due to their vulnerability, children who
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 (7) Violence against women is a persisting manifestation of structural discrimination against women, resulting from historically unequal power relations between women and men.
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
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
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
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
Amendment 66 #
Proposal for a directive Recital 10 (10) This Directive supports the international commitments the Member States have undertaken to combat and
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
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 (
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-
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
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
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
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
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
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
Amendment 81 #
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 in a safe environment with the presense of psychologist, when necessary.
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 (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
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 (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 suspision of an offence.
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)
Amendment 90 #
Proposal for a directive Recital 45 (45) Assistance and support to victims of violence against women and domestic violence should be provided
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-
Amendment 93 #
Proposal for a directive Recital 49 (49) Specialist support services, including shelters and rape crisis centres,
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
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
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)
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
source: 740.834
2023/01/26
BUDG
49 amendments...
Amendment 31 #
Proposal for a directive Recital 11 (11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on
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,
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
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-
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
Amendment 36 #
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 be responsible of ensur
Amendment 37 #
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 #
Proposal for a directive Recital 60 (60) In order to ensure victims of
Amendment 40 #
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 #
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
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 #
Proposal for a directive Article 1 – paragraph 1 – introductory part This Directive lays down rules to prevent and combat
Amendment 47 #
Proposal for a directive Article 1 – paragraph 1 – point b (b) the rights of victims of all forms of
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
Amendment 49 #
Proposal for a directive Article 27 – paragraph 1 – point a (a) advice
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
Amendment 53 #
Proposal for a directive Article 27 – paragraph 3 3. Member States shall ensure
Amendment 54 #
Proposal for a directive Article 27 – paragraph 4 4. Member States shall provide the
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 #
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,
Amendment 65 #
Proposal for a directive Article 36 – paragraph 5 5. Preventive measures shall in particular aim at
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-
Amendment 68 #
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 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 taking into account the special needs of victims.
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
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 #
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 #
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 #
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 #
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 [
source: 740.852
2023/02/01
EMPL
313 amendments...
Amendment 100 #
Proposal for a directive Recital 51 (51)
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
Amendment 102 #
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
Amendment 103 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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
Amendment 120 #
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,
Amendment 121 #
Proposal for a directive Recital 57 (57) Women and girls with disabilit
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
Amendment 123 #
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
Amendment 125 #
Proposal for a directive Recital 57 (57) Women with disability disproportionately experience
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 #
Proposal for a directive Recital 58 (58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter
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 #
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
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
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
Amendment 132 #
Proposal for a directive Recital 59 (59) Member States should take measures to prevent the cultivation of harmful
Amendment 133 #
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
Amendment 134 #
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
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
Amendment 136 #
Proposal for a directive Recital 60 (60) In order to ensure victims of
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
Amendment 138 #
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 #
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 (61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes, including on multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 142 #
Proposal for a directive Recital 62 (62)
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
Amendment 144 #
Proposal for a directive Recital 64 (64) Policies to adequately tackle
Amendment 145 #
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
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
Amendment 148 #
Proposal for a directive Article 1 – paragraph 1 – introductory part This Directive lays down rules to prevent and combat
Amendment 149 #
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
Amendment 150 #
Proposal for a directive Article 1 – paragraph 1 – point b (b) the rights of victims of all forms of
Amendment 151 #
Proposal for a directive Article 1 – paragraph 1 – point c (c)
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 #
Proposal for a directive Article 1 – paragraph 1 – point c a (new) (c a) preventive measures.
Amendment 154 #
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 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 156 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) acts of
Amendment 157 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) any other acts of
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
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 #
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)
Amendment 164 #
Proposal for a directive Article 4 – paragraph 1 – point c (c) “victim” means any person,
Amendment 165 #
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 #
Proposal for a directive Article 4 – paragraph 1 – point g (g) “
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 #
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
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-
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 #
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
Amendment 180 #
Proposal for a directive Article 7 – paragraph 1 – point b (b) producing or manipulating and subsequently making accessible to
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
Amendment 182 #
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
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
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
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
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 #
Proposal for a directive Article 12 – paragraph 4 4. Member States shall ensure that the criminal offences referred to in Article 6
Amendment 189 #
Proposal for a directive Article 13 – paragraph 1 – point a (a) the offence, or another criminal offence of
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
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
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 #
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 #
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
Amendment 200 #
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
Amendment 202 #
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
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
Amendment 205 #
Proposal for a directive Article 16 – paragraph 4 4. Where children report criminal offences of
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
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
Amendment 209 #
Proposal for a directive Article 17 – paragraph 2 2. Member States shall ensure that reported offences of
Amendment 210 #
Proposal for a directive Article 17 – paragraph 3 3. The competent authorities shall promptly and effectively record and investigate allegations of
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 #
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 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 shelters, social services
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
Amendment 215 #
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 specialised support services contact victims to offer support.
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
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 #
Proposal for a directive Article 23 – paragraph 1 – point c (c) how to treat victims in a trauma-, disability-, language-, gender- and child- sensitive manner;
Amendment 220 #
Proposal for a directive Article 23 – paragraph 1 – point c (c) how to treat victims in a trauma-, gender-, disability-, and child-sensitive manner;
Amendment 221 #
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 #
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
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
Amendment 226 #
Proposal for a directive Article 24 – paragraph 1 – subparagraph 1 – point a (a) provide independent assistance and advice to victims of
Amendment 227 #
Proposal for a directive Article 24 – paragraph 1 – subparagraph 1 – point c (c) exchange available information with corresponding European bodies
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
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
Amendment 230 #
Proposal for a directive Article 26 – paragraph 4 4. The damage shall include costs for healthcare services, support services, rehabilitation, loss of income
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 #
Proposal for a directive Article 27 – paragraph 1 – point a (a)
Amendment 233 #
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
Amendment 236 #
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, including those with migrant background or disabilities and living in institutions.
Amendment 237 #
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, including women with disabilities and women with dependent children.
Amendment 238 #
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, including those with disabilities and living in institutions.
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 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 or charitable and church- based organisations.
Amendment 241 #
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-
Amendment 242 #
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 or migrant background.
Amendment 243 #
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 244 #
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 #
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
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
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) 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 #
Proposal for a directive Article 29 a (new) Amendment 252 #
Proposal for a directive Article 30 – title Specialist support for victims of sexual harassment
Amendment 253 #
Proposal for a directive Article 30 – title 30 Specialist support for victims of sexual harassment
Amendment 254 #
Proposal for a directive Article 30 – title Specialist support for victims of
Amendment 255 #
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,
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
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 #
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
Amendment 259 #
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
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 #
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 #
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 #
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 should not prevent or discriminate, directly or indirectly, their workers from exercising rights arising from this directive.
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 #
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 #
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 #
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 #
Proposal for a directive Title 1 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating
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
Amendment 275 #
Proposal for a directive Article 31 – paragraph 4 4. [Member States shall ensure that the service under paragraph 1 for victims of
Amendment 276 #
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) Amendment 278 #
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)
Amendment 280 #
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,
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
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
Amendment 283 #
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
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
Amendment 286 #
Proposal for a directive Article 35 – paragraph 4 4. Member States shall ensure that persons can report occurrences of
Amendment 287 #
Proposal for a directive Article 36 – paragraph 1 1. Member States shall take appropriate actions to prevent
Amendment 288 #
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
Amendment 290 #
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 #
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,
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 #
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 #
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
Amendment 298 #
Proposal for a directive Article 36 – paragraph 8 8. Member States
Amendment 299 #
Proposal for a directive Article 36 – paragraph 8 8. Member States shall
Amendment 30 #
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 #
Proposal for a directive Article 36 – paragraph 8 8. Member States shall ensure that
Amendment 301 #
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 #
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,
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 #
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
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
Amendment 306 #
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 genital mutilation and forced sterilisation.
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
Amendment 308 #
Proposal for a directive Article 37 – paragraph 3 3. Persons in the workplace, in particular those with supervisory functions
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
Amendment 31 #
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’).
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
Amendment 311 #
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
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
Amendment 314 #
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 6. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained to facilitate and assist in the reporting of such crimes, including from victims with disabilities.
Amendment 316 #
Proposal for a directive Article 37 – paragraph 7 7. Training activities referred to in paragraphs 1, 2, 3 and
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
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)
Amendment 321 #
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
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
Amendment 324 #
Proposal for a directive Article 39 – paragraph 1 1. Member States shall adopt and
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-
Amendment 326 #
Proposal for a directive Article 40 a (new) Amendment 327 #
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
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
Amendment 33 #
Proposal for a directive Recital 4 (4) This Directive should apply to criminal conduct which amounts to
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
Amendment 331 #
Proposal for a directive Article 43 – paragraph 1 – point c (c) providing assistance to Union networks working on matters directly relevant to
Amendment 332 #
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
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
Amendment 334 #
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
Amendment 336 #
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 #
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 #
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-
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 #
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
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
Amendment 39 #
Proposal for a directive Recital 6 (6) Due to their vulnerability, children who witness
Amendment 40 #
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.
Amendment 41 #
Proposal for a directive Recital 7 (7)
Amendment 42 #
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
Amendment 44 #
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.
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
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
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
Amendment 48 #
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
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,
Amendment 50 #
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
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
Amendment 52 #
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.
Amendment 53 #
Proposal for a directive Recital 11 (11)
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.
Amendment 55 #
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
Amendment 56 #
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 #
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 and spiritual integrity of such victims.
Amendment 58 #
Proposal for a directive Recital 12 (12) Victims of
Amendment 59 #
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
Amendment 61 #
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 #
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 #
Proposal for a directive Recital 17 (17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber
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 #
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
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
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
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.
Amendment 71 #
Proposal for a directive Recital 22 (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 offline. 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
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
Amendment 74 #
Proposal for a directive Recital 25 (25) In the case of domestic violence and
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 #
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 and in a carefully selected environment.
Amendment 77 #
Proposal for a directive Recital 27 (27) Delays in processing complaints of
Amendment 78 #
Proposal for a directive Recital 28 (28) Victims of domestic violence and
Amendment 79 #
Proposal for a directive Recital 29 (29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the
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 #
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
Amendment 82 #
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 (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 in particular as regards the residence and the workplace of the victim.
Amendment 84 #
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
Amendment 85 #
Proposal for a directive Recital 38 (38) Given the complexities and gravity of offences of
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
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
Amendment 88 #
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 (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
Amendment 90 #
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
Amendment 91 #
Proposal for a directive Recital 45 (45) Assistance and support to victims of
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
Amendment 94 #
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 or charitable and church- based organisations. They should be granted sufficient human and financial resources and, where the services are provided by non-governmental or charitable and church-based organisations, Member States should ensure that they receive appropriate funds.
Amendment 95 #
Proposal for a directive Recital 48 (48) Victims of domestic violence and
Amendment 96 #
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
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 #
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 #
Proposal for a directive Recital 51 (51)
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
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
Amendment 1003 #
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 or serious 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.
Amendment 1004 #
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 a
Amendment 1005 #
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
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
Amendment 1007 #
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 #
Proposal for a directive Article 16 – paragraph 3 a (new) 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
Amendment 1012 #
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
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
Amendment 1014 #
Proposal for a directive Article 16 – paragraph 4 4. Where children report criminal offences of
Amendment 1015 #
Proposal for a directive Article 16 – paragraph 5 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
Amendment 1017 #
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
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
Amendment 1019 #
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 #
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
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 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 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
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 pro
Amendment 1030 #
Proposal for a directive Article 17 – paragraph 2 2. Member States shall ensure that reported offences of
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
Amendment 1032 #
Proposal for a directive Article 17 – paragraph 3 3. The competent authorities shall promptly and effectively record and investigate allegations of
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,
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 #
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
Amendment 1040 #
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
Amendment 1041 #
Proposal for a directive Article 17 – paragraph 4 4. The competent authorities shall
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
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
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.
Amendment 1056 #
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
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
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
Amendment 1061 #
Proposal for a directive Article 18 – paragraph 3 3. The individual assessment shall
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 #
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 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 and cyberstalking.
Amendment 1065 #
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
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
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
Amendment 1069 #
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 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 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
Amendment 1075 #
Proposal for a directive Article 18 – paragraph 5 – point c (c) further measures to
Amendment 1076 #
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
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
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,
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
Amendment 1083 #
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 shelters, employers and civil society institutions, social services and healthcare professionals.
Amendment 1084 #
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 shelters and children's specialised services, social services and healthcare professionals.
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
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
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
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 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
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
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
Amendment 1107 #
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 specialised support services contact victims to offer support.
Amendment 1108 #
Proposal for a directive Article 20 – paragraph 1 – subparagraph 1 (new) 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
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 #
Proposal for a directive Article 20 – paragraph 2 2. The competent authorities shall respond to requests for protection and
Amendment 1114 #
Proposal for a directive Article 20 – paragraph 2 2. The competent authorities shall respond to requests for protection and support, in
Amendment 1115 #
Proposal for a directive Article 20 – paragraph 3 3. Where needed,
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 #
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
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
Amendment 1125 #
Proposal for a directive Article 21 – paragraph 1 1. Member States shall ensure that, in situations of
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
Amendment 1127 #
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 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. Restraining and protection orders shall be adopted whenever the situation of risk to the victim makes it advisable, regardless of whether the victim has filed a complaint.
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 #
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 #
Proposal for a directive Article 21 – paragraph 2 d (new) 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 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 effective cross-border recognition of protection orders in a consistent manner.
Amendment 1144 #
Proposal for a directive Article 21 – paragraph 3 3. Member States shall ensure that the competent authorities
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
Amendment 1146 #
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
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 #
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
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
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
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 (c) the gender-understanding of this violence and how to treat victims in a trauma-, gender- and child-sensitive manner;
Amendment 1169 #
Proposal for a directive Article 23 – paragraph 1 – point c (c) how to best communicate with and treat victims in a trauma-, gender- and child-sensitive manner;
Amendment 1170 #
Proposal for a directive Article 23 – paragraph 1 – point c (c) how to treat victims in a trauma-,
Amendment 1171 #
Proposal for a directive Article 23 – paragraph 1 – point c (c) how to treat victims in a trauma-,
Amendment 1172 #
Proposal for a directive Article 23 – paragraph 1 – point c (c) how to treat victims in a trauma-
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 #
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
Amendment 1177 #
Proposal for a directive Article 23 – paragraph 1 – point f Amendment 1178 #
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
Amendment 1180 #
Proposal for a directive Article 23 – paragraph 1 – point f (f) how to avoid
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
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 #
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 #
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 #
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)
Amendment 1199 #
Proposal for a directive Article 24 – paragraph 1 – subparagraph 1 – point a (a) provide independent assistance and
Amendment 1200 #
Proposal for a directive Article 24 – paragraph 1 – subparagraph 1 – point c 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 #
(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
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
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 (
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
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
Amendment 1215 #
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
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
Amendment 1220 #
Proposal for a directive Article 25 – paragraph 4 4. Member States shall ensure that the orders and other measures referred to in paragraphs 1 and 2 are taken following transparent procedures and are subject to adequate safeguards, in particular to ensure that those orders and other measures are limited to what is necessary and proportionate
Amendment 1221 #
Proposal for a directive Article 25 – paragraph 5 5. Member States shall ensure that the end-user
Amendment 1222 #
Proposal for a directive Article 25 – paragraph 5 5. Member States shall ensure that the end-users of the relevant services are informed, where appropriate by the
Amendment 1223 #
Proposal for a directive Article 25 – paragraph 6 6. Member States shall ensure that evidence is obtained and secured without undue delay after the offence is reported. Member States shall take all necessary measures to ensure that the removal of or disabling access to the
Amendment 1224 #
Proposal for a directive Article 25 – paragraph 6 a (new) 6a. Member States shall ensure that the non-compliance within a reasonable amount of time of the provider of intermediary services with the legal orders under paragraph 1 is sanctioned with effective, proportionate and dissuasive penalties.
Amendment 1225 #
Proposal for a directive Article 25 – paragraph 6 a (new) 6a. Member States shall ensure these measures do not prevent providers of intermediary services from offering end- to-end encrypted services.
Amendment 1226 #
Proposal for a directive Article 25 a (new) Article 25a Compensation granted by the authorities of the Member States Member States shall take all legislative or other measures to enable victims to seek compensation from State authorities where those authorities have failed to apply the necessary preventive or protective measures within their powers.
Amendment 1227 #
Proposal for a directive Article 25 b (new) Article 25b Civil consequences of forced marriage Parties shall take the necessary legislative or other measures to ensure that forced marriages may be voidable, annulled or dissolved without undue financial or administrative burden placed on the victim.
Amendment 1228 #
Proposal for a directive Article 26 – paragraph 1 1. Member States shall ensure that all victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence. Member States shall ensure that when an offender, for any reason, does not abide by the decision to pay compensation to the victim within the agreed timeframe, the State takes over this obligation and takes all appropriate actions to reclaim it from the offender.
Amendment 1229 #
Proposal for a directive Article 26 – paragraph 1 1. Member States shall ensure that victims and, if applicable, their dependents have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence.
Amendment 1230 #
Proposal for a directive Article 26 – paragraph 1 1. Member States shall ensure that victims and their dependents have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence.
Amendment 1231 #
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
Amendment 1232 #
Proposal for a directive Article 26 – paragraph 2 a (new) 2a. Member States shall ensure that when an offender compensation is awarded, the State may take over the enforcement of the award when the offender does not make the payment within a period of 8 months.
Amendment 1233 #
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 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. The victims shall be further entitled to claim damages compensating them for psychological harms and mental suffering.
Amendment 1234 #
Proposal for a directive Article 26 – paragraph 4 4. The damage shall include costs for healthcare services, including sexual and reproductive and psychological health services, support services, rehabilitation, loss of income and other reasonable 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/or psychological harm, social harm and moral prejudice.
Amendment 1235 #
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 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 as well as mental suffering and moral prejudice.
Amendment 1236 #
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 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, mental suffering and moral prejudice.
Amendment 1237 #
Proposal for a directive Article 26 – paragraph 5 – subparagraph 1 The limitation periods for bringing a claim for compensation shall be no less than
Amendment 1238 #
Proposal for a directive Article 26 – paragraph 5 – subparagraph 1 The limitation period for bringing a claim for compensation shall be no less than 5 years from the time the offence has
Amendment 1239 #
Proposal for a directive Article 26 – paragraph 5 – subparagraph 2 Amendment 1240 #
Proposal for a directive Article 26 – paragraph 5 – subparagraph 2 In cases of sexual violence and female genital mutilation, the limitation period shall be no less than
Amendment 1241 #
Proposal for a directive Article 26 – paragraph 5 – subparagraph 3 The limitation period for bringing a claim for compensation of criminal offences referred to in Article 7, 8, 8a, 9 and 10 shall commence with the victim’s knowledge of the offence.
Amendment 1242 #
Proposal for a directive Article -27 (new) Amendment 1243 #
Proposal for a directive Article 27 – paragraph -1 (new) -1. Member States shall ensure that support is available for victims of acts of violence covered by this Directive, through a combination of national generic victim support services and specialist support services, referred to in Article 9(3) of Directive 2012/29/EU, that work in coordination under a national support framework.
Amendment 1244 #
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 available for victims of acts of violence covered by this Directive
Amendment 1245 #
Proposal for a directive Article 27 – paragraph 1 – introductory part 1.
Amendment 1246 #
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 available for all victims of acts of violence covered by this Directive. The specialist support services shall provide, inter alia:
Amendment 1247 #
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 available for all victims of acts of violence covered by this Directive. The specialist support services shall provide:
Amendment 1248 #
(-a) immediate gender-sensitive support including, safe shelter, psychosocial support, legal advice and assistance, and economic empowerment
Amendment 1249 #
Proposal for a directive Article 27 – paragraph 1 – point -a a (new) (-aa) referrals to adequate specialist services including, but not limited to, rape crisis centre, women’s support centers, women’s shelters, sexual violence referral centers, and primary prevention services;
Amendment 1250 #
Proposal for a directive Article 27 – paragraph 1 – point a (a) advice
Amendment 1251 #
Proposal for a directive Article 27 – paragraph 1 – point a (a) advice
Amendment 1252 #
Proposal for a directive Article 27 – paragraph 1 – point a (a) advice
Amendment 1253 #
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 housing, healthcare, education, training and assistance to remain in or find employment; as well as referrals to relevant general support services;
Amendment 1254 #
Proposal for a directive Article 27 – paragraph 1 – point a (a) immediate gender-sensitive support, advice and information on any relevant legal or practical matters arising as a result of the crime, including on access to housing, education, training and assistance to remain in or find employment;
Amendment 1255 #
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 housing, education, training and assistance to move house or remain in or find employment;
Amendment 1256 #
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 financial assistance, housing, education, training and assistance to remain in or find employment;
Amendment 1257 #
Proposal for a directive Article 27 – paragraph 1 – point a a (new) (aa) Immediate gender-sensitive support including, safe shelter, psychosocial support, legal advice and assistance, and socio-economic support;
Amendment 1258 #
Proposal for a directive Article 27 – paragraph 1 – point a a (new) (aa) immediate gender-sensitive support based on the victim´s needs, including safe shelters or first-hand medical care;
Amendment 1259 #
Proposal for a directive Article 27 – paragraph 1 – point a b (new) (ab) Referrals to adequate specialist services including, but not limited to, rape crisis centre, women’s support centers, women’s shelters, sexual violence referral centers, and primary prevention services;
Amendment 1260 #
Proposal for a directive Article 27 – paragraph 1 – point b (b) referrals to medical
Amendment 1261 #
Proposal for a directive Article 27 – paragraph 1 – point b (b) referral
Amendment 1262 #
Proposal for a directive Article 27 – paragraph 1 – point b (b) referrals to medical care, including sexual and reproductive healthcare, rape crisis centres, sexual violence referral centres and forensic examinations; ;
Amendment 1263 #
Proposal for a directive Article 27 – paragraph 1 – point b (b) referrals to medical forensic examinations and comprehensive healthcare services;
Amendment 1264 #
Proposal for a directive Article 27 – paragraph 1 – point b a (new) (ba) where relevant, referrals to relevant specialist support services, such as specialist support services for victims of sexual violence, victims of female genital mutilation, forced sterilisation, victims of sexual harassment at work, victims of cyber violence, shelters, support centres, including for children, and primary prevention services;
Amendment 1265 #
Proposal for a directive Article 27 – paragraph 1 – point c (c) support to victims of cyber violence, including securing of evidence and advice on judicial remedies and remedies to remove online content related to the crime, psychological counselling, as well as advice and information on how to continue an active online life.
Amendment 1266 #
Proposal for a directive Article 27 – paragraph 1 – point c (c) support to victims of cyber violence, including psychological support, securing of evidence and advice on judicial remedies and remedies to remove online content related to the crime.
Amendment 1267 #
Proposal for a directive Article 27 – paragraph 1 – point c (c) support to victims of cyber violence, including psychological support, securing of evidence and advice on judicial remedies and remedies to remove online content related to the crime.
Amendment 1268 #
Proposal for a directive Article 27 – paragraph 1 – point c (c) support to victims of cyber violence, including psychological support, advice on judicial remedies
Amendment 1269 #
Proposal for a directive Article 27 – paragraph 1 – point c a (new) (ca) support to victims of sexual exploitation and women in prostitution through the provision of exit programmes, including legal, social, physical and psychological care, housing and employment support.
Amendment 1270 #
Proposal for a directive Article 27 – paragraph 1 – point c a (new) Amendment 1271 #
Proposal for a directive Article 27 – paragraph 1 – subparagraph 1 (new) a) Immediate gender-sensitive support including, safe shelter, psychosocial support, legal advice and assistance, and economic empowerment;
Amendment 1272 #
Proposal for a directive Article 27 – paragraph 1 – point c a (new) (ca) IT-hardware checks and advice and information on online safety including on stalkerware.
Amendment 1273 #
Proposal for a directive Article 27 – paragraph 1 – point c a (new) Amendment 1274 #
Proposal for a directive Article 27 – paragraph 1 – subparagraph 1 (new) Member States shall ensure that access to any victim support services is free of charge and is not dependent on a victim making a formal complaint about a criminal offence to a competent authority.
Amendment 1275 #
Proposal for a directive Article 27 – paragraph 1 a (new) 1a. Member States shall ensure that support services focus on the human rights and safety of the victim; are based on an integrated approach that takes into account the relationship between victims, offenders, children and their wider social environment; aim to prevent secondary victimisation; aim to empower and achieve economic independence of women victims of violence; and address specific needs of vulnerable persons, including child victims, and made available to them.
Amendment 1276 #
Proposal for a directive Article 27 – paragraph 1 a (new) 1a. Member States shall ensure that all of the specialist support services referred to in paragraph 1 are available within their territory and organised and geographically distributed in such a way as to ensure reasonable distances and capacity for victims. Particular attention shall be given to making the services accessible to women in rural and remote areas.
Amendment 1277 #
Proposal for a directive Article 27 – paragraph 1 a (new) 1a. Member States shall ensure that a victim of violence has full access to assistance measures, including in particular psychological support, a defense lawyer and an interpreter in the mother tongue at every stage of the process from the moment of reporting a case of violence;
Amendment 1278 #
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. All specialist support should be public or non-profit and be available to victims regardless of their nationality, citizenship, place of residence or residence status.
Amendment 1279 #
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 via sufficient geographical distribution, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of
Amendment 1280 #
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, including those with disabilities and living in institutional care facilities.
Amendment 1281 #
Proposal for a directive Article 27 – paragraph 2 a (new) 2a. The provision of specialist support services as referred to in Chapter 4 of this Directive shall not be conditional on the victim´s willingness to file a complaint against the offender, shall be free of charge and available round the clock (24/7).
Amendment 1282 #
Proposal for a directive Article 27 – paragraph 2 a (new) 2a. If the offence involves, directly or indirectly, the holder of parental responsibility, Member States should ensure that access to specialist support is not conditional upon this person's consent.
Amendment 1283 #
Proposal for a directive Article 27 – paragraph 3 3. Member States shall ensure
Amendment 1284 #
Proposal for a directive Article 27 – paragraph 3 3. Member States shall ensure that specialist support services provided by non-governmental organisations have sufficient human and financial resources to provide the services referred to in paragraph 1
Amendment 1285 #
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,
Amendment 1286 #
Proposal for a directive Article 27 – paragraph 3 3. Member States shall ensure specialist support services provided by non-governmental organisations have sufficient human and financial resources to provide the services referred to in
Amendment 1287 #
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, and that clear referral pathways are established across all kinds of support as well as medical services. Such combined offering of services shall include at least first hand medical care and social services, psychosocial support, legal, and police services. When planning the organisation of specialist support services, Member States shall take into account the structures and combinations of the existing specialised support services provided by non-governmental organisations and types of specialised support services offered by them.
Amendment 1288 #
4. Member States shall provide the protection, medical 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 with clear referral protocols and taking the necessary measures to avoid any discrimination in the access, particularly regarding technological and geographical barriers. Such combined offering of services shall include at least first hand medical care and social services, psychosocial support, legal advice and aid, and police services.
Amendment 1289 #
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
Amendment 1290 #
Proposal for a directive Article 27 – paragraph 4 a (new) 4a. 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 online access to such services. Such combined offering of services shall include at least first hand medical care, referrals to comprehensive healthcare services and social services, psychosocial support, legal, and police services, and be available and accessible to victims with disabilities and other marginalised communities.
Amendment 1291 #
Proposal for a directive Article 27 – paragraph 5 5. Member States shall issue guidelines and protocols for all relevant professionals, including healthcare
Amendment 1292 #
Proposal for a directive Article 27 – paragraph 5 5. Member States shall issue guidelines and protocols for
Amendment 1293 #
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 treating victims in a trauma-, gender-, and child-sensitive manner, avoiding gender stereotypes, preventing secondary or repeat victimization, and referring victims to the relevant support services. Such guidelines and protocols shall
Amendment 1294 #
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 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 or gender and other grounds of discrimination.
Amendment 1295 #
Proposal for a directive Article 27 – paragraph 5 5. Member States shall issue guidelines and protocols for healthcare
Amendment 1296 #
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 and domestic violence in times of crisis, such as health crises or other states of emergency. Member State shall work towards a specific EU protocol on violence against women in times of crisis and emergency, taking into account the lessons learnt during previous crisis situations or emergencies.
Amendment 1297 #
Proposal for a directive Article 27 – paragraph 6 6. Member States shall ensure that specialist support services are state-funded and 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, by providing sufficient upfront funding, to cover the costs to adequately adapt and respond to such crises.
Amendment 1298 #
Proposal for a directive Article 27 – paragraph 6 6. Member States shall ensure that specialist support services remain fully operational for victims of
Amendment 1299 #
Proposal for a directive Article 27 – paragraph 6 6. Member States shall ensure that
Amendment 1300 #
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, regardless of their willingness to prosecute offenders.
Amendment 1301 #
Proposal for a directive Article 27 – paragraph 7 7. Member States shall ensure that
Amendment 1302 #
Proposal for a directive Article 27 – paragraph 7 7. Member States shall ensure that
Amendment 1303 #
Proposal for a directive Article 27 – paragraph 7 7. Member States shall ensure that
Amendment 1304 #
Proposal for a directive Article 27 – paragraph 7 7. Member States shall ensure that specialist support services are available to victims before, during and
Amendment 1305 #
Proposal for a directive Article 27 – paragraph 7 a (new) 7a. Member States shall ensure that victims of offences listed in Chapter 2 do not face discrimination in their workplaces due to the offences committed against them.
Amendment 1306 #
Proposal for a directive Article 27 – paragraph 7 a (new) 7a. Member States shall ensure a minimum of one rape crisis or sexual violence referral centres per 200,000 women.
Amendment 1307 #
Proposal for a directive Article 27 – paragraph 7 b (new) 7b. 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 support organisations.
Amendment 1308 #
Proposal for a directive Article 27 – paragraph 7 c (new) 7c. Member States shall ensure victims are able to take a minimum of 10 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 1309 #
Proposal for a directive Article 27 a (new) Article 27a Financial assistance for women victims of domestic violence or forced marriage 1. Member States shall ensure that any victim of domestic violence or forced marriage can, if necessary, receive financial assistance. 2. This financial assistance should be calculated based on the victim’s income, number of dependants and level of disability. 3. This financial assistance may take the form of an interest-free loan or a donation without repayment.
Amendment 1310 #
Proposal for a directive Article 28 – paragraph 1 1. Member States shall provide for appropriately equipped, easily accessible rape crisis centres and or sexual violence referral centres to ensure effective support to victims of sexual violence
Amendment 1311 #
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 and children having witnessed sexual violence, including assisting in the preservation and documentation of evidence and in recording instances of sexual violence whose motives are related to the sex, gender or gender identity of the victim. These centres shall provide for the clinical management of rape, medical and forensic
Amendment 1312 #
Proposal for a directive Article 28 – paragraph 1 1. Member States shall provide for appropriately equipped, resourced and easily accessible rape crisis centres 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: a) medical care and forensic examinations,
Amendment 1313 #
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 care and forensic examinations, timely referral to other medical care, including sexual and reproductive healthcare as part of the clinical management of rape, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.
Amendment 1314 #
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 1315 #
Proposal for a directive Article 28 – paragraph 1 Amendment 1316 #
Proposal for a directive Article 28 – paragraph 1 a (new) 1a. Member States shall guarantee that victims of sexual violence have timely access to comprehensive healthcare services, including sexual and reproductive healthcare, safe and legal abortion care, emergency contraception, and screening and post-exposure prophylaxis for sexually transmitted infections as well as other related and relevant medical procedures.
Amendment 1317 #
Proposal for a directive Article 28 – paragraph 1 a (new) 1a. Member States shall guarantee that victims of sexual violence have timely access to comprehensive healthcare services, including sexual and reproductive healthcare, such as emergency contraception, safe and legal abortion, screening and post-exposure prophylaxis for sexually transmitted infections, and other necessary care.
Amendment 1318 #
Proposal for a directive Article 28 – paragraph 1 a (new) 1a. Member States shall guarantee that victims of sexual violence have timely access to comprehensive healthcare services, including sexual and reproductive healthcare, emergency contraception, and screening and post- exposure prophylaxis for sexually transmitted infections, and safe and legal abortion care.
Amendment 1319 #
Proposal for a directive Article 28 – paragraph 1 a (new) Amendment 1320 #
Proposal for a directive Article 28 – paragraph 1 b (new) 1b. The denial or delay of safe abortion care when the pregnancy results from rape is a violation of human rights and a form of gender-based violence, which breaches the prohibition of torture and cruel, inhuman and degrading treatment. Member States shall provide training, guidelines, and protocols to healthcare professionals, to address the physical, psychological, sexual, gynaecological, and reproductive consequences of sexual violence.
Amendment 1321 #
Proposal for a directive Article 28 – paragraph 2 2. The services referred to in
Amendment 1322 #
Proposal for a directive Article 28 – paragraph 2 2. The services referred to in paragraph 1 shall be available free of charge and accessible all day, every day of the week. They may be part of the services referred to in Article 27. The support shall be provided regardless of the nationality, citizenship, place of residence or legal status of the victim.
Amendment 1323 #
Proposal for a directive Article 28 – paragraph 2 a (new) 2a. Where a Member State's national law allows a competent health professional, or on some occasions entire medical institutions, to refuse to provide sexual and reproductive healthcare on the basis of the so-called conscience clause, which leads to the denial of abortion care on grounds of religion or conscience, Member States should ensure that the conscience clause does not put women’s timely access to SRH care at risk, by providing other viable, effective and accessible abortion services.
Amendment 1324 #
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, with particular attention to making services accessible to women in rural and remote areas in a safe and confidential manner.
Amendment 1325 #
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, paying particular attention to making services accessible to women in rural and remote areas in a safe and confidential manner.
Amendment 1326 #
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 with particular attention to making services accessible to women in rural and remote areas in a safe and confidential manner.
Amendment 1327 #
Proposal for a directive Article 28 – paragraph 3 a (new) 3a. Member States shall provide training, guidelines and protocols to healthcare professionals to address the physical, psychological, sexual, gynaecological and reproductive consequences of sexual violence.
Amendment 1328 #
Proposal for a directive Article 28 – paragraph 4 4. Article 27
Amendment 1329 #
Proposal for a directive Article 28 a (new) Article 28a Specialist support for victims of sexual exploitation and women in prostitution 1. Member States shall ensure that victims of sexual exploitation and women in prostitution are provided with effective and appropriate support, including physical and psychological recovery, legal advice and aid, exit programmes, socio- economic integration and access to healthcare services such as sexual and reproductive healthcare, emergency contraception, and screening and post- exposure prophylaxis for sexually transmitted infections. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of sexual exploitation and women in prostitution referred to in paragraph 1 of this Article.
Amendment 1330 #
Proposal for a directive Article 29 – title Specialist support for victims of female genital mutilation and forced sterilisation
Amendment 1331 #
Proposal for a directive Article 29 – title Specialist support for victims of female genital and sexual mutilation
Amendment 1332 #
Proposal for a directive Article 29 – paragraph 1 1. Member States shall ensure effective, accessible, age-appropriate support to victims of female genital mutilation and forced sterilisation, including by providing, gynaecological and obstetric, sexological, psychological and intersectional trauma care
Amendment 1333 #
Proposal for a directive Article 29 – paragraph 1 1. Member States shall ensure effective, age-appropriate , accessible, free of charge support to victims of female genital mutilation, including by providing, gynaecological, sexological, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been perpetrated and for as long as necessary thereafter. This shall also include the provision of information on units in public hospitals that perform genital and clitoral reconstructive surgery. Such support may be provided by the referral centres referred to in Article 28 or any dedicated health centre and with a holistic, multidisciplinary approach.
Amendment 1334 #
Proposal for a directive Article 29 – paragraph 1 1. Member States shall ensure effective, age-appropriate support to victims of female genital and sexual mutilation, including by providing, gynaecological, sexological, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been perpetrated and for as long as necessary thereafter. This shall also include the provision of information on units in public hospitals that perform clitoral reconstructive surgery. Such support may be provided by the referral centres referred to in Article 28 or any dedicated health centre.
Amendment 1335 #
Proposal for a directive Article 29 – paragraph 1 a (new) 1a. Member States shall guarantee that victims of sexual violence have timely access to comprehensive healthcare services, including sexual and reproductive healthcare, emergency contraception, and screening and post- exposure prophylaxis for sexually transmitted infections.
Amendment 1336 #
Proposal for a directive Article 29 – paragraph 2 2. Article 27(3) and (6) and Article 28(2) shall be applicable to the provision of support for victims of female genital and sexual mutilation.
Amendment 1337 #
Proposal for a directive Article 29 – paragraph 2 2. Article 27
Amendment 1338 #
Proposal for a directive Article 29 a (new) Amendment 1339 #
Proposal for a directive Article 29 a (new) Article 29a Specialist support for victims of intersex genital mutilation 1. Member States shall ensure that victims of intersex genital mutilation are provided with effective support, including gynaecological, psycho-social, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. This shall also include access to treatment and medications needed as a consequence of intersex genital mutilation. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of intersex genital mutilation referred to in paragraph 1 of this Article.
Amendment 1340 #
Proposal for a directive Article 29 a (new) Article 29a Specialist support for victims of forced sterilisation 1. Member States shall ensure that victims of forced sterilisation are provided with effective support, including gynaecological, psychological and trauma care tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of forced sterilisation referred to in paragraph 1 of this Article.
Amendment 1341 #
Proposal for a directive Article 29 b (new) Article 29b Specialist support for victims of intersex genital mutilation 1. Member States shall ensure that victims of intersex genital mutilation are provided with effective support, including gynaecological, psycho-social, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. This shall also include access to treatment and medications needed as a consequence of intersex genital mutilation. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of intersex genital mutilation referred to in paragraph 1 of this Article.
Amendment 1342 #
Proposal for a directive Article 30 – title 30 Specialist support for victims of sexual harassment
Amendment 1343 #
Proposal for a directive Article 30 – title Specialist support for victims of sexual harassment
Amendment 1344 #
Proposal for a directive Article 30 – title Specialist support
Amendment 1345 #
Proposal for a directive Article 30 – title Specialist support for victims of sexual harassment
Amendment 1346 #
Proposal for a directive Article 30 – paragraph 1 1. Member States shall
Amendment 1347 #
Proposal for a directive Article 30 – paragraph 1 Member States shall, in consultation with the social partners, take measures to ensure external counselling and legal services are available for victims
Amendment 1348 #
Proposal for a directive Article 30 – paragraph 1 Member States shall ensure external counselling services are available for
Amendment 1349 #
Proposal for a directive Article 30 – paragraph 1 Member States shall ensure that safe, confidential and effective complaint and investigation mechanisms are available for victims and that external counselling services are available for victims and employers in cases of sexual harassment
Amendment 1350 #
Proposal for a directive Article 30 – paragraph 1 a (new) Member states shall adopt appropriate measures to mitigate the impacts of domestic violence in the world of work that can include: (a) leave for victims of domestic violence; (b) flexible work arrangements and protection for victims of domestic violence; (c) temporary protection against dismissal for victims of domestic violence, as appropriate, except on grounds unrelated to domestic violence and its consequences; (d) the inclusion of domestic violence in workplace risk assessments; (e) a referral system to public mitigation measures for domestic violence, where they exist; and (f) awareness-raising about the effects of domestic violence.
Amendment 1351 #
Proposal for a directive Article 30 – paragraph 1 a (new) 2. Member States shall ensure that sufficient measures are in place to prevent and detect situations of sexual violence and harassment at work, in particular through awareness-raising and training programmes in the workplace.
Amendment 1352 #
Proposal for a directive Article 30 – paragraph 1 a (new) Member states shall ensure that counselling services and employers treat cases of sexual harassment at work confidentially.
Amendment 1353 #
Proposal for a directive Article 30 a (new) Article 30a Domestic violence safe-leave 1. Member States shall take the necessary measures to ensure that each worker affected by domestic violence has an individual right to safe-leave of up to 10 days that is to be taken in any period of 12 consecutive months, in order to attend to ongoing matters arising due to domestic violence, to be specified by each Member State or by collective agreement. The domestic violence safe leave shall be a paid leave. 2. The right to domestic violence safety leave shall be granted irrespective of the worker's marital or family status, as defined by national law. Member States shall ensure that the domestic violence safety leave will be distinct from other leave entitlements. 3. One person with close ties to the victim, such as a relative or household member, and who is closely supporting the victim, shall be entitled to minimum 3 days of paid domestic violence leave each year.
Amendment 1354 #
Proposal for a directive Article 30 a (new) Article 30a Support at work for victims of gender- based 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 gender-based, and to ensure that consequences of gender-based 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.
Amendment 1355 #
Article 30a Specialist support for victims to promote their integration through work 1. Member States shall ensure that employers make temporary adjustments to victims’ employment contracts. 2. Member States shall foster the establishment of a national programme to link employers with civil society organisations – including non- governmental organisations – dealing with women victims of violence, in order to develop partnerships to promote the recruitment of victims.
Amendment 1356 #
Proposal for a directive Article 30 b (new) Article 30b Collective bargaining on harassment at work and gender based 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 gender-based 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 gender- based violence, including through awareness-raising and training of employers, trade union representatives and workplace health and safety representatives
Amendment 1357 #
Proposal for a directive Article 30 c (new) Article 30c Specialist support for victims of cyber violence 1. Victims of cyber violence shall be allowed to access the same specialist services as victims of other forms of gender-based violence covered in this Directive. 2. Specialist services provide victims with comprehensive, free, accessible and effective support, including psychological counselling and medical care tailored to their specific needs, securing of evidence, IT-hardware checks, as well as advice and information on online safety, including on stalkerware, on how to protect their privacy and continue an active online life, as well as on the legal avenues possible, including judicial remedies to remove online content as referred to in Article 25 of this Directive. 3. Victims of cyber violence shall have access to physical and online safe spaces where needed in order to seek for help and support, ask questions and to avoid social isolation. 4. The provision of support services shall be in a language that the victim understands and shall not depend on the victim’s willingness to press charges or testify against the offender. Under no circumstances shall victims of cyber violence be forced to engage in any intervention with an authority or service against their will, nor rushed into any process. 5. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of cyber violence referred to in paragraph 1 of this Article.
Amendment 1358 #
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
Amendment 1359 #
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. These helplines shall be run by or with the support of women specialist services, as the best equipped to apply a victim-centred approach when supporting women victims of gender- based violence. Advice shall be provided confidentially
Amendment 1360 #
Proposal for a directive Article 31 – paragraph 1 1. Member States shall set up state-
Amendment 1361 #
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 women victims of violence
Amendment 1362 #
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
Amendment 1363 #
Proposal for a directive Article 31 – paragraph 1 a (new) 1a. Provisions in paragraph 1 shall be without prejudice to other existing helplines specialised on violence against women or domestic violence within a Member State, including those run by non-governmental organisations, and shall not lead to withdrawal of their support by Member States.
Amendment 1364 #
Proposal for a directive Article 31 – paragraph 1 a (new) 1a. Member States shall ensure that victims, relatives and professionals are adequately informed of the existence and use of such national specialised helplines, including through regular awareness campaigns.
Amendment 1365 #
Proposal for a directive Article 31 – paragraph 1 b (new) 1b. Member States shall ensure that national helplines are equipped to provide support also to persons not speaking the national language or languages.
Amendment 1366 #
Proposal for a directive Article 31 – paragraph 2 Amendment 1367 #
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, 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 . Member States shall also ensure the provision of those services in a language that end- users can understand, including through telephone interpreting. _________________
Amendment 1368 #
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, including providing support in easy to understand language and in all the official languages of the EU. 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
Amendment 1369 #
Proposal for a directive Article 31 – paragraph 4 4.
Amendment 1370 #
Proposal for a directive Article 31 – paragraph 4 4.
Amendment 1371 #
Proposal for a directive Article 31 – paragraph 4 4. [Member States shall ensure that the service under paragraph 1 for victims of
Amendment 1372 #
Proposal for a directive Article 31 – paragraph 4 a (new) 4a. Member States shall ensure that all workers, regardless of the character and nature of the employment relationship, are sufficiently and adequately informed about the existence and accessibility of the victim helplines.
Amendment 1373 #
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
Amendment 1374 #
Proposal for a directive Article 32 – paragraph 1 1. The shelters and other appropriate interim accommodation
Amendment 1375 #
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. Shelters should ensure active and continuous, physical presence of trained and specialised personnel to engage with and support the victims. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1376 #
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 be accessible and shall address the specific needs of women victims of domestic violence and sexual violence, including by ensuring that there is access to single-gender shelters. They shall assist them in their recovery, providing safe, adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1377 #
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 by ensuring that there is access to single- gender shelters. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1378 #
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, sexual and reproductive exploitation 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.
Amendment 1379 #
Proposal for a directive Article 32 – paragraph 1 a (new) 1a. The shelters and other appropriate interim accommodations shall be specifically for women who are victims of violence and domestic violence. Their location shall be confidential.
Amendment 1380 #
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 1381 #
Proposal for a directive Article 32 – paragraph 2 2. The shelters and other appropriate
Amendment 1382 #
Proposal for a directive Article 32 – paragraph 2 a (new) 2a. The shelters and other appropriate interim accommodations shall be equipped to accommodate companion animals, or to provide adequate and appropriate alternative accommodations.
Amendment 1383 #
Proposal for a directive Article 32 – paragraph 3 3. The shelters and other appropriate interim accommodations shall be available to victims regardless of their nationality, citizenship, place of residence or residence status. Specialised women's shelters shall be available in every region, with one family place per 10,000 head of population.
Amendment 1384 #
Proposal for a directive Article 32 – paragraph 3 3. The shelters and other appropriate interim accommodations shall be available to victims regardless of their nationality, citizenship, place of residence or residence status and irrespective of their migration status.
Amendment 1385 #
Proposal for a directive Article 32 – paragraph 3 3. The shelters and other appropriate interim accommodations shall be available to victims regardless of their nationality, citizenship, migration status, place of residence or residence status.
Amendment 1386 #
Proposal for a directive Article 32 – paragraph 3 3. The shelters and other appropriate interim accommodations shall be available
Amendment 1387 #
Proposal for a directive Article 32 – paragraph 3 a (new) 3a. The shelters and other appropriate interim accommodations shall be equipped to accommodate companion animals, or provide adequate and appropriate alternative accommodations.
Amendment 1388 #
Proposal for a directive Article 32 – paragraph 3 a (new) 3a. The shelters and other appropriate interim accommodation shall be run by public or non-profit actors and not be subject to public procurement.
Amendment 1389 #
Proposal for a directive Article 32 – paragraph 4 4. Article 27 (1), (2), (3) and (6) shall apply to shelters and other appropriate interim accommodations.
Amendment 1390 #
Proposal for a directive Article 32 – paragraph 4 a (new) 4a. appropriate interim accommodations.5. The shelters and other appropriate interim accommodations must be geographically distributed in an appropriate manner, with one family place per 10 000 residents.
Amendment 1391 #
Proposal for a directive Article 32 – paragraph 4 a (new) 4a. Member States shall ensure a minimum of one family place per 10,000 women.
Amendment 1392 #
Proposal for a directive Article 32 a (new) Article 32a Support for victims in employment 1. Member States shall, in consultation with the social partners, take measures to ensure that employers are prevented from dismissing, discriminating or in any way disadvantaging workers victims of domestic violence under article 4 b) as a result of the consequences of this violence. 2. Member States shall, in consultation with the social partners, ensure that victims of criminal conducts under article 4 a) and 4 b), who are residing in shelters or interim accommodation, have the right to paid leave of appropriate duration.
Amendment 1393 #
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. Such support must be offered free of charge and on a long-term basis. Support to children shall be specialised, fast and age-appropriate, respecting the best interests of the child
Amendment 1394 #
Proposal for a directive Article 33 – paragraph 1 1. Member States shall ensure that children are provided specific adequate support, in cooperation with, and the support of, the non-violent parent(s) or guardian(s) as soon as the competent authorities have reasonable grounds to believe that the children might have been subject to, including having witnessed,
Amendment 1395 #
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
Amendment 1396 #
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. Support to children shall be specialised and age-appropriate, respecting the best interests of the child, and shall not require the prior consent of the holder of parental responsibility accused of the violence.
Amendment 1397 #
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 in particular to situations of domestic violence. Child victims of sexual exploitation and abuse online shall be provided with adequate reporting mechanisms to trusted flaggers, including the EU Centre to prevent and combat child sexual abuse as per article 40 of the Proposal for a Regulation laying down rules to prevent and combat child sexual abuse [2022/0155 (COD)] and have access to specific support mechanisms;
Amendment 1398 #
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 in particular to situations of domestic violence. Child victims must also have access, if necessary, to legal support that is free of charge.
Amendment 1399 #
2. Child victims shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, including linguistic and culturally mediated care and support, as well as any other appropriate support tailored in particular to situations of domestic violence.
Amendment 1400 #
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 in particular to situations of domestic violence, and in all stages of investigations and judicial proceedings.
Amendment 1401 #
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 1402 #
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 services and tailored to the specific needs of the victims. Placement in shelters shall be a last resort.
Amendment 1403 #
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
Amendment 1404 #
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,
Amendment 1405 #
Proposal for a directive Article 33 – paragraph 3 a (new) 3a. Member States shall ensure that experts and associations involved in supporting victims, that specialise in the care of and support for children, operate in accordance with their respective spheres of competence. The relevant actors must take action in a coordinated manner and cooperation between the different support services must be facilitated. The best possible conditions must be ensured for confidentially gathering children’s reports of their experience, where applicable. Specific protocols and systematic procedures for monitoring child victims should be put in place on a long-term basis, and these must seek to avoid causing any trauma to the children.
Amendment 1406 #
Proposal for a directive Article 33 – paragraph 3 a (new) 3a. Member States should adequately address long-term negative consequences for child victims implementing simplified administrative procedures that provide them with the possibility to change their family name, upon reaching the age of majority or where a family court withdraws parental authority.
Amendment 1407 #
Proposal for a directive Article 33 a (new) Article 33a Safeguards for the best interests of children 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 perpetrator of violence against women or domestic violence; (b) in determining custody and access rights in respect of children; 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. Member States shall take measures to prevent the bias in the determination/interpretation of “the best interest of the child” principle, namely, to maintain contact with both parents or their relatives at all costs, regardless of the violence children have witnessed, with detrimental and dangerous effects for both the child and the non-violent parent. The right of every child to maintain contact with both parents should be restricted if necessary, in the best interests of the child; 2. 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. Legal protective measures must be fully applied to protect women and children from violence. Such measures should not be limited or restricted by parental rights, and decisions on shared custody should be postponed until violence against women or domestic violence has been adequately investigated and a risk assessment has been conducted.
Amendment 1408 #
Proposal for a directive Article 33 a (new) Article 33a Support for children orphans due to violence against women and domestic violence 1. Member States shall give the children of fatal victims of violence against women and domestic violence (and, consequently, orphans) the status of victims. 2. Member States shall ensure that orphans of victims of violence against women and domestic violence and their relatives are provided with specific adequate support during relevant criminal and civil proceedings, including inheritance proceedings, guardianship and custody. 3. Article 33(3) shall apply to children orphans as a consequence of violence against women and domestic violence.
Amendment 1409 #
Proposal for a directive Article 34 – title Amendment 1410 #
Proposal for a directive Article 34 – paragraph -1 (new) -1 Member States shall ensure that incidents of violence covered under this Directive are taken into account when assessing the risks for the safety of children, particularly with regards to the holder of parental responsibilities who is an offender or suspect of violence against women or domestic violence, and that the views of the children are taken into consideration in accordance with their age and maturity.
Amendment 1411 #
Proposal for a directive Article 34 – paragraph 1 Member States shall take the necessary legislative or other measures to ensure that, in the determination of custody and visitation rights of children, incidents of violence covered by the scope of this Directive are taken into account. The exercise of any visitation or custody rights must not at any moment jeopardise the rights and safety of the victim or children. As a rule custody rights should be withdrawn for convicted perpetrators. Should visitation rights be granted, 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
Amendment 1412 #
Proposal for a directive Article 34 – paragraph 1 Member States shall establish and maintain s
Amendment 1413 #
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. Member States shall ensure supervision by trained professionals, a
Amendment 1414 #
Proposal for a directive Article 34 – paragraph 1 Member States shall establish and maintain safe places which allow
Amendment 1415 #
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 responsibilit
Amendment 1416 #
Proposal for a directive Article 34 – paragraph 1 1 Member States shall
Amendment 1417 #
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, not being contrary to the interests of the child, 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 1418 #
Proposal for a directive Article 34 – paragraph 1 – point 1 (new) (1) Member States shall take the necessary measures to ensure that, in parallel with the proceedings against the offender or suspect of violence against women or domestic violence who is a holder of parental responsibilities, child protection or welfare authorities take action ex officio with the aim to examine the custody and rights of access of the violent parent, in the best interest of the child, including in cases where the child is a witness of violence against women or domestic violence.
Amendment 1419 #
Proposal for a directive Article 34 – paragraph 1 a (new) Member States shall ensure that the best interests of the child take precedence over the rights of access of an offender or suspect of violence against women or domestic violence. Member States shall ensure that the views of the child are given due weight when it comes to such rights of access. Member states shall aim at prohibiting mandatory shared custody and/or visiting rights in cases of violence or suspected violence, and prohibit the use of so-called “parental alienation” syndrome or any related concept when determining custody and visitation rights in cases of violence or suspected violence.
Amendment 1420 #
Proposal for a directive Article 34 – paragraph 1 a (new) In the determination of custody and visitation rights of children, Member States shall take the necessary legislative and other measures to guarantee that incidents of violence in the family are taken into account and that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children. Member States shall aim to prohibit mandatory shared custody and/or visiting rights in cases of violence or suspected violence; and prohibit the use of parental alienation or any related concept in cases of violence when determining custody and visitation.
Amendment 1421 #
Proposal for a directive Article 34 – paragraph 1 a (new) Member States shall take the necessary legislative and other measures to ensure that in the process of determining custody and rights of access, the relevant competent authorities take into account all incidents of violence against women or domestic violence, including where the child is a witness, as well as any restraining or protection orders issued.
Amendment 1422 #
Proposal for a directive Article 34 – paragraph 1 a (new) Member States shall aim at prohibiting mandatory shared custody and/or visiting rights in cases of violence or suspected violence; and prohibit the use of so-called “parental alienation” or any related concept when determining custody and visitation rights in cases of violence or suspected violence.
Amendment 1423 #
Proposal for a directive Article 34 – paragraph 1 b (new) Member States shall ensure that when establishing the arrangements for custody allocation and access rights, the protection of women and children from violence and the best interests of the child are the primary concern and take precedence over other criteria. The best interest of the child shall prevail over a request of shared custody or rights of access with the violent parent.
Amendment 1424 #
Proposal for a directive Article 34 – paragraph 1 b (new) Member States shall, within the context of Article 38, provide intervention programmes specific to holders of parental responsibility.
Amendment 1425 #
Proposal for a directive Article 34 – paragraph 1 c (new) The competent authorities, child protection or welfare services and other relevant specialised services shall conduct risk assessments in the process of determining custody and the rights of access in cases of violence against women and domestic violence, especially regarding vicarious violence.
Amendment 1426 #
Proposal for a directive Article 34 – paragraph 1 d (new) Member States shall take the necessary measures to ensure that non-scientific theories and concepts, including parental alienation syndrome or any other related concept, when determining custody and rights of access in cases involving violence against women and domestic violence are not recognised in their judicial practice and law.
Amendment 1427 #
Proposal for a directive Article 35 – title Targeted support for victims with
Amendment 1428 #
Proposal for a directive Article 35 a (new) Article 35a Establishment of a national platform for monitoring and for individual and personalised assessment of the risks faced by victims 1. Member States shall establish a national digital platform for monitoring and assessing the risks faced by victims. 2. That digital platform shall allow an individual and personalised file to be set up for each victim. 3. Professionals likely to come into contact with victims shall set up or update those files. They shall include, in particular, relevant details relating to: (a) the victims’ situation ; (b) the perpetrators of the violence; (c) any measures taken in accordance with Chapters 3 and 4 of this Directive; (d) any necessary information relevant to the victims’ personal files. 4. The platform shall be accessible only to professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support, healthcare professionals, and social services. 5. Professionals likely to come into contact with victims shall work together in order to ensure comprehensive and tailored care for them. 6. Professionals' access to files shall be limited to what is strictly necessary to protect victims’ private life.
Amendment 1429 #
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
Amendment 1430 #
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 experiencing intersecting forms of discrimination, 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 at risk of poverty, women with a minority racial or ethnic background,
Amendment 1431 #
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
Amendment 1432 #
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
Amendment 1433 #
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 in the uniformed services, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women.
Amendment 1434 #
Proposal for a directive Article 35 – paragraph 1 1. Member States shall ensure the
Amendment 1435 #
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,
Amendment 1436 #
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
Amendment 1437 #
Proposal for a directive Article 35 – paragraph 2 2. The support services under Articles 27 to 32 shall have sufficient capacities to accommodate victims with disabilities, taking into consideration their specific needs, including personal assistance as well as specialized intercultural mediation services taking into account the language and cultural background of the victims.
Amendment 1438 #
Proposal for a directive Article 35 – paragraph 2 2. The support services under Articles 27 to 32 shall be sufficiently, predictably and sustainably funded to have sufficient capacities to accommodate and assist victims with disabilities, taking into consideration their specific needs, including personal assistance.
Amendment 1439 #
Proposal for a directive Article 35 – paragraph 2 2. The support services under Articles 27 to 32 shall be adequately funded to have sufficient capacities to accommodate victims with disabilities, taking into consideration their specific needs, including personal assistance.
Amendment 1440 #
Proposal for a directive Article 35 – paragraph 2 2. The support services under Articles 27 to 32 shall be adequately funded to have sufficient capacities to accommodate victims with disabilities, taking into consideration their specific
Amendment 1441 #
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 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 are applicants for international protection, undocumented persons and persons subject of return procedures in detention have the right to remain in the country of the legal process until the conclusion of investigations and/or the provision of counselling/medical services to victims. 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 1442 #
Proposal for a directive Article 35 – paragraph 3 3. The support services shall be available for third-country nationals who are victims of
Amendment 1443 #
Proposal for a directive Article 35 – paragraph 4 4. Member States shall ensure that persons can report occurrences of violence against women or domestic violence in reception and detention centres to the relevant staff, that the relevant staff has received proper training to ensure protection and avoid re-victimisation of victims 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 1444 #
Proposal for a directive Article 35 – paragraph 4 4. Member States shall ensure that
Amendment 1445 #
Proposal for a directive Article 35 – paragraph 4 4. Member States shall ensure that persons can report occurrences of violence against women or domestic violence in reception and detention centres as well as in institutional care facilities 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 1446 #
4. Member States shall ensure that persons can report occurrences of
Amendment 1447 #
Proposal for a directive Article 35 – paragraph 4 a (new) 4a. Victims of violence referred to in this Directive should as a rule be granted residence permits. As a minimum, Member States must ensure that victims who are applicants for international protection, undocumented persons and persons subject of return procedures in detention have the right to remain in the country of the legal process until the conclusion thereof, and having received specialised victim counselling/medical services.
Amendment 1448 #
Proposal for a directive Article 35 a (new) Article 35a Gender-based asylum claims 1 Member states shall take the necessary legislative or other measures to ensure that gender-based violence against women may be recognised as a form of persecution within the meaning of Article 1, A (2), of the 1951 Convention relating to the Status of Refugees and as a form of serious harm giving rise to complementary/subsidiary protection. 2 Parties shall ensure that a gender- sensitive interpretation is given to each of the Convention grounds and that where it is established that the persecution feared is for one or more of these grounds, applicants shall be granted refugee status according to the applicable relevant instruments. 3 Parties shall take the necessary legislative or other measures to develop gender-sensitive reception procedures and support services for asylum-seekers as well as gender guidelines and gender- sensitive asylum procedures, including refugee status determination and application for international protection.
Amendment 1449 #
Proposal for a directive Article 35 a (new) Article 35a (1) Employees who suffer from domestic abuse shall be entitled to paid domestic violence leave.. Domestic violence leave shall be separate from annual, sick and bereavement leave rights. Additionally, there shall be the right to request short- term flexible working arrangements. (2) The employer can ask for proof of need, such as a note from a specialist support service, police officer, medical professional, or court documents..
Amendment 1452 #
Proposal for a directive Article 36 – paragraph 1 1. Member States shall take all appropriate and targeted actions to prevent violence against women and domestic violence, based on a three-pronged approach including primary, secondary as well as tertiary prevention, and ensure their adequate coordination. All these measures shall be developed in cooperation with relevant professionals, civil society organisations, women´s specialist services, social partners, impacted communities and other relevant stakeholders, be evidence-based and implemented in a gender- and trauma- sensitive manner.
Amendment 1453 #
Proposal for a directive Article 36 – paragraph 1 1. Member States shall take appropriate actions to prevent
Amendment 1454 #
Proposal for a directive Article 36 – paragraph 1 1. Member States shall take appropriate actions to prevent violence against women and domestic violence by adopting a comprehensive three-pronged prevention approach of primary, secondary and tertiary action. Member States shall coordinate, sufficiently fund and evaluate all three approaches, in cooperation with women's specialist support services and other civil society organisations.
Amendment 1455 #
Proposal for a directive Article 36 – paragraph 1 a (new) 1a. Member States should prioritise preventative measures that are social, community and survivor-centred, providing adequate funding to holistic social and support services, including those related to mental health, social protection and harm reduction, information provision, community intervention, programmes to disrupt developmental pathways to violence, social protection policies and mechanisms that enable people to access services, remedies and stability, including residence status, without conditions or requirements to engage with law enforcement and the criminal legal system.
Amendment 1456 #
Proposal for a directive Article 36 – paragraph 2 2. Primary preventive measures shall be aimed at preventing violence from ever occurring and shall include awareness- raising campaigns
Amendment 1457 #
Proposal for a directive Article 36 – paragraph 2 2. Primary preventive measures shall include awareness-raising campaigns, research and
Amendment 1458 #
Proposal for a directive Article 36 – paragraph 2 2. Primary preventive measures shall include awareness-raising campaigns, social dialogue and collective bargaining, research and education programmes,
Amendment 1459 #
Proposal for a directive Article 36 – paragraph 2 2. Preventive measures shall include awareness-raising campaigns, research and education programmes, including age- appropriate and comprehensive sexuality education and socio-emotional competencies, empathy and healthy and respectful relationships, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.
Amendment 1460 #
Proposal for a directive Article 36 – paragraph 2 2. Preventive measures shall include awareness-raising campaigns, research and education programmes, including age- appropriate and comprehensive sexuality education and early intervention programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.
Amendment 1461 #
Proposal for a directive Article 36 – paragraph 2 2. Preventive measures shall include awareness-raising campaigns, which also include full information about the impact of such violence on children, research and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.
Amendment 1462 #
Proposal for a directive Article 36 – paragraph 2 2. Preventive measures shall include awareness-raising campaigns, research and education programmes as well as programmes to disrupt developmental pathways to violence, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.
Amendment 1463 #
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 other stakeholders, aimed at different audience categories.
Amendment 1464 #
Proposal for a directive Article 36 – paragraph 2 a (new) 2a. Secondary preventive measures shall be aimed at early detection of violence and prevention of its progression or escalation while tertiary prevention shall be focused on prevention of reoffending and revictimisation, as well as at proper management of consequences of the violence. These measures shall include, among others, promotion of bystander intervention, early intervention centres as well as intervention programmes as referred to in Article 38.
Amendment 1465 #
Proposal for a directive Article 36 – paragraph 2 a (new) 2a. As far as sex work is concerned, the best prevention measure to avoid violence is to provide a safe working environment and legal rights and protection, which is best attained through decriminalising sex work across all Member States;
Amendment 1466 #
Proposal for a directive Article 36 – paragraph 2 a (new) 2a. The prevention of violence must be supported by an effective judicial system. Tough and effective penalties must be applied to perpetrators of violence, particularly of sexual violence.
Amendment 1467 #
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, medical and support measures available to the general public
Amendment 1468 #
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
Amendment 1469 #
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 accessible to persons with disabilities, via various media, and in a language that the victim can understand.
Amendment 1470 #
Proposal for a directive Article 36 – paragraph 3 3. Member States shall
Amendment 1471 #
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 ensure that this information is updated periodically.
Amendment 1472 #
Proposal for a directive Article 36 – paragraph 3 a (new) 3a. The Commission and Member states shall make available appropriate resources to promote the establishment and continuation of safe spaces, both online and offline, in particular single gender safe spaces, where women and girls in all their intersectional diversity as well as other potential targets of the types of violence covered by this directive, may go in order to exchange information, and (re)build community networks and receive peer-support, especially to those with the goal of empowering and uplifting women and girls in all their intersectional diversity.
Amendment 1473 #
Proposal for a directive Article 36 – paragraph 4 4. Targeted action shall be addressed to groups at risk, including expecting and new parents, children, according to their age and maturity,
Amendment 1474 #
Proposal for a directive Article 36 – paragraph 4 4. Targeted action shall be addressed to groups at risk, including
Amendment 1475 #
Proposal for a directive Article 36 – paragraph 4 4. Targeted action shall be addressed to groups
Amendment 1476 #
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, undocumented migrant women, LBT women, asylum-seeking women 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 1477 #
Proposal for a directive Article 36 – paragraph 5 5. Preventive measures shall in particular aim at empowering women and girls, challenging harmful gender stereotypes,
Amendment 1478 #
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 awareness of the specific escalatory pattern of violence against women and domestic violence which can culminate in the killing of women.
Amendment 1479 #
Proposal for a directive Article 36 – paragraph 5 5. Preventive measures shall in particular aim at empowering women and girls, challenging harmful gender stereotypes, promoting equality between women and men, encouraging all, including men and boys, to act as positive
Amendment 1480 #
Proposal for a directive Article 36 – paragraph 5 5. Preventive measures shall in particular aim at
Amendment 1481 #
Proposal for a directive Article 36 – paragraph 5 5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, capacitating society with the knowledge to understand consent and identify and address instances of violence, 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 1482 #
Proposal for a directive Article 36 – paragraph 5 5.
Amendment 1483 #
Proposal for a directive Article 36 – paragraph 5 5. Preventive measures shall in particular aim at
Amendment 1484 #
Proposal for a directive Article 36 – paragraph 5 5. Preventive measures shall in particular aim at challenging harmful
Amendment 1485 #
Proposal for a directive Article 36 – paragraph 5 a (new) 5a. These measures shall also promote bystander intervention, solidarity with victims and holding offenders accountable. These preventive measures should include comprehensive sexuality education programmes that challenge gender stereotypes and hierarchical relationships; stress the structural nature of gender inequality and its presence in sexuality and relationships and shall work as means to ultimately reduce violence, inequality and discrimination. Such programmes shall be launched as early as possible and in an intersectionally sensitive manner.
Amendment 1486 #
Proposal for a directive Article 36 – paragraph 5 a (new) 5a. Member States shall take appropriate measures to ensure universal access to comprehensive, non- discriminatory, age-appropriate and evidence-based sexuality education and information for all primary and secondary school children, through mandatory courses in line with international standards. Targeted measures should be addressed to vulnerable people exposed to the risk of discrimination, stigmatization, social or economic exclusion.
Amendment 1487 #
Proposal for a directive Article 36 – paragraph 5 a (new) 5a. Member States shall promote and support research aimed at better understanding the root causes of gender based violence, including all forms of violence against women. This shall include qualitative and quantitative research with both experiences of victims and offenders as research subjects.
Amendment 1488 #
Proposal for a directive Article 36 – paragraph 5 a (new) 5a. Member States shall take appropriate measures, such as information, awareness-raising education and training, to discourage and reduce the demand that fosters all forms of sexual exploitation.
Amendment 1489 #
Proposal for a directive Article 36 – paragraph 6 6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female
Amendment 1490 #
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 1491 #
Proposal for a directive Article 36 – paragraph 6 6. Preventive measures shall develop and/or increase sensitivity about
Amendment 1492 #
Proposal for a directive Article 36 – paragraph 6 6. Preventive measures shall be develop
Amendment 1493 #
Proposal for a directive Article 36 – paragraph 6 6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female and intersex genital mutilation.
Amendment 1494 #
Proposal for a directive Article 36 – paragraph 6 6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital and sexual mutilation.
Amendment 1495 #
Proposal for a directive Article 36 – paragraph 7 7. Member States shall foster multidisciplinary and stakeholder cooperation, including intermediary services and competent authorities to develop and implement measures to tackle cyber violence, which should be in full compliance with fundamental rights. Preventive measures shall also specifically address cyber violence and in particular measures to protect young people. In particular, Member States shall ensure that education measures include the development of digital literacy skills, including critical thinking and 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 a requirement for intermediary services and competent authorities to develop and implement measures to tackle cyber violence.
Amendment 1496 #
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 the development of digital literacy skills, including critical engagement with the digital world and critical thinking, to enable users to identify and address cases of cyber violence as well as to recognise its different forms, 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 1497 #
Proposal for a directive Article 36 – paragraph 8 8. Member States shall
Amendment 1498 #
Proposal for a directive Article 36 – paragraph 8 a (new) 8a. Member States shall ensure that offender programmes are provided and open to those who are referred or who refer themselves outside of the criminal justice system. Member States shall ensure that such programmes are accessible and implemented by qualified prevention workers.
Amendment 1499 #
Proposal for a directive Article 36 – paragraph 8 b (new) 8b. Member states shall develop policy to challenge the gender gap and structural inequality that leads to the perpetuation of gender based violence including work towards closing the education, income and political participation gender gaps as well as mobilising structural funds in order to improve access to social security systems
Amendment 1500 #
Proposal for a directive Article 36 – paragraph 8 c (new) 8c. Member States should develop a harmonised, user-friendly, accessible and regularly updated directory of support services, helplines and reporting mechanisms to be made available in cases of cyber violence, which should contain information on the support available for other forms of gender-based violence;
Amendment 1501 #
Proposal for a directive Article 36 – paragraph 8 d (new) 8d. Member States shall address the gender gap across all digital technology domains, including new technologies such as AI, and particularly in sectors such as the ICT and STEM. Member States shall facilitate the access of women and girls in all their diversity, as well as other marginalised communities to education and academia in these sectors.
Amendment 1502 #
8e. Member States shall promote comprehensive research on cyber violence, including root causes, prevalence and consequences, as well as to address algorithmic bias. The Commission shall support Member States in developing measures to address algorithmic bias.
Amendment 1503 #
Proposal for a directive Article 36 a (new) Article 36a National Action Plans for the elimination of gender based violence 1. Member States shall undertake a comprehensive assessment of the existing legal framework on gender equality and prevention of gender based violence to inform and facilitate the development of national action plans towards the elimination of gender based violence no later than 2 years following the entry in to force of this directive, together with civil society, feminist women’s specialist support services and other relevant stakeholders. 2. Member states should dedicate sufficient resources to ensure that action plans are developed through an intersectional lens and outline a comprehensive framework, centered around women and girls in all their diversity, comprised of concrete actions and practical goals, aimed at implementing holistic, societally focused policies to tackle structural inequality taking into special consideration inequalities in access to employment, education, healthcare, housing and engagement in the public sphere. 3. The Commission should ensure the full and correct implementation of these action plans and work together with, civil society, EIGE and other relevant stakeholders to develop specific indicators and benchmarks, in line with and in addition to those outlined in Article 44 of this directive, in order to monitor progress.
Amendment 1504 #
Proposal for a directive Article 36 a (new) Article 36a Safety By Design 1. Member States shall ensure providers and operators of digital products or services likely to be accessed by children take measures to prevent, mitigate or minimise any risks their product or service may pose to gender equality and the safety of women and children; 2. Member States shall ensure providers of digital products or services likely to be accessed by children ensure a high level of safety, privacy and security by design and default for child users.
Amendment 1505 #
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, pr
Amendment 1506 #
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, pr
Amendment 1507 #
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, as quickly as possible, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender-, language-, disability- and child- sensitive manner. This initial and ongoing training should include, among other subjects, information on the short- and long-term impact of such violence on children, their rights, the existing protection measures and clear guidance on the procedures to be taken, prioritising the well-being of the child.
Amendment 1508 #
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
Amendment 1509 #
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, forensic medical personnel, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, social services, professionals working with women in institutions, such as residential care homes, asylum centres and prisons, labour inspectors, 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- and child-
Amendment 1510 #
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, prevention workers, providers of victim support
Amendment 1511 #
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 in order to advance the victims' access to justice and to treat victims in a trauma-, gender- and child-
Amendment 1512 #
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,
Amendment 1513 #
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
Amendment 1514 #
Proposal for a directive Article 37 – paragraph 1 a (new) 1a. To prevent violence in health care settings, particularly in gynaecology and obstetrics, health care workers shall receive training on patients’ informed consent and on treating patients in a respectful, dignified, non-discriminatory, gender-sensitive manner, including those who experience discrimination based on a combination of gender or sex and other grounds of discrimination.
Amendment 1515 #
Proposal for a directive Article 37 – paragraph 1 a (new) 1a. 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 1516 #
Proposal for a directive Article 37 – paragraph 1 a (new) 1a. 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.
Amendment 1517 #
Proposal for a directive Article 37 – paragraph 1 b (new) 1b. Member States shall ensure that competent authorities in charge of carrying out individual assessment of victim´s protection needs, as referred to in Article 18, receive specialised training both on physical and non-physical forms of violence, such as psychological violence or controlling or coercive behaviour, as well as on harmful gender stereotypes, in order to enable swift and appropriate follow-up actions.
Amendment 1518 #
Proposal for a directive Article 37 – paragraph 2 2. Relevant health professionals, including paediatricians
Amendment 1519 #
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
Amendment 1520 #
Proposal for a directive Article 37 – paragraph 2 2. Relevant health professionals, including paediatricians, general practitioners, school nurses, gynaecologists and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of
Amendment 1521 #
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 genital mutilation, intersex genital mutilation and other harmful practices.
Amendment 1522 #
Proposal for a directive Article 37 – paragraph 2 2. Relevant health professionals, including paediatricians
Amendment 1523 #
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 genital and sexual mutilation.
Amendment 1524 #
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.
Amendment 1525 #
Proposal for a directive Article 37 – paragraph 2 a (new) 2a. Healthcare professionals shall receive training on patients’ informed consent and on treating patients in a respectful, dignified, non-discriminatory, gender-sensitive manner, including those who experience discrimination based on a combination of sex and other grounds of discrimination, to prevent instances of violence in healthcare settings, particularly in gynaecology and obstetrics.
Amendment 1526 #
Proposal for a directive Article 37 – paragraph 2 a (new) 2a. Healthcare professionals shall also receive regular trainings aimed at preventing occurrence of violence in healthcare settings, including training on patient´s informed consent and on treating patients in a non-discriminatory, respectful and dignified manner.
Amendment 1527 #
Proposal for a directive Article 37 – paragraph 3 3. Persons with supervisory functions in the workplace, including in the uniformed services and in the goods and services sector, trade union representatives and workplace health and safety representatives , in both the public and private sectors, shall receive training on how to recognise, prevent, respond and address sexual harassment
Amendment 1528 #
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 violence against women, including sexual harassment at work and domestic violence, 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 violence and on how to support victims of gender- based violence, including domestic violence, at the workplace .
Amendment 1529 #
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 violence against women, including sexual harassment at work and domestic violence, 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 violence.
Amendment 1530 #
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 adequate 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, training and guidance about the effects of violence against women and domestic violence on workers and the risk of third party violence.
Amendment 1531 #
Proposal for a directive Article 37 – paragraph 3 3.
Amendment 1532 #
Proposal for a directive Article 37 – paragraph 4 4. The training activities referred to in paragraphs 1 and 2 shall include training on co
Amendment 1533 #
Proposal for a directive Article 37 – paragraph 4 4. The training activities referred to in paragraphs 1
Amendment 1534 #
Proposal for a directive Article 37 – paragraph 4 4. The training activities referred to in paragraphs 1 and 2 shall include feminist training on co-ordinated multi-agency co- operation to allow for a comprehensive and appropriate handling of referrals in cases of violence against women or domestic violence.
Amendment 1535 #
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
Amendment 1536 #
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 all forms of violence against women or
Amendment 1537 #
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
Amendment 1538 #
Proposal for a directive Article 37 – paragraph 6 Amendment 1539 #
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, including abstention from victim- blaming attitudes and behaviours, timely victim referral to specialised services including women’s specialised services and data treatment, to facilitate and assist in the reporting of such crimes and to take into account the needs of victims.
Amendment 1540 #
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 necessary adaptions of the process of reporting crimes in cases where the victim has one or multiple disabilities and/or is living in an institution.
Amendment 1541 #
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 mandatorily and appropriately trained to facilitate and assist in the reporting of such crimes.
Amendment 1542 #
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 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 gender, sex and other grounds as outlined in Article 2 of this directive and shall encompass at least a module on the rights of victims of gender-based violence and a module aimed at developing soft skills, such as prevention of secondary victimisation, communication skills, active listening and empathy.
Amendment 1543 #
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 awareness of the specific escalatory pattern 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 specific escalatory pattern of violence against women and domestic violence.
Amendment 1544 #
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 include training on how to
Amendment 1545 #
Proposal for a directive Article 37 – paragraph 7 7. Training activities referred to in paragraphs 1
Amendment 1546 #
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 include training on how to identify and address the specific protection, medical 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, including establishing solid referral pathways to women's support services, abstention from victim-blaming attitudes and behaviours and confidential data processing.
Amendment 1547 #
Proposal for a directive Article 37 – paragraph 7 a (new) 7a. Training materials and activities shall be elaborated and reviewed and, where necessary updated, on a regular basis, in light of their practical application, in consultation and cooperation with victims, women´s specialist services, victim protection centres, healthcare professionals and other relevant actors, based on evidence, their expertise and best practices, and taking into account the need for multi- disciplinary and multi-agency cooperation and coordination. Particular importance shall be given to establishing solid referral pathways to specialist support services, as well as to safe and confidential processing of victim´s personal data.
Amendment 1548 #
Proposal for a directive Article 37 – paragraph 7 a (new) 7a. Member States shall ensure that trainings referred in this article are developed in conjunction with specialist support services. including victims organisations and civil society organisations, including feminist NGOs, in order to address and to explain the structural and endemic nature of gender- based violence, how it affects women and girls disproportionately, and on the intersecting forms of discrimination, as well as to ensure that victims’ needs are addressed and that the structural and endemic nature of gender-based violence is explained.
Amendment 1549 #
Proposal for a directive Article 37 – paragraph 7 a (new) 7a. Member States shall periodically adapt these general or specialised training courses to the development of new technologies, to enable the aforementioned specialists to keep abreast of new methods developed by criminals in the area of cyber violence.
Amendment 1550 #
Proposal for a directive Article 37 – paragraph 7 a (new) 7a. Procedures ensuring periodic and independent monitoring and evaluation of training outcomes and relevant follow up shall be put in place.
Amendment 1551 #
Proposal for a directive Article 37 a (new) Article 37a Prevention of denial of abortion care Member States must ensure that no woman or girl is denied access to abortion care, neither in law nor in practice. The denial or delay of safe abortion care, forced pregnancy and forced continuation of pregnancy are violations of human rights and forms of gender-based violence, that may amount to torture or cruel, inhuman or degrading treatment, depending on the circumstances, particularly where the life and health of the pregnant woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant woman or girl substantial pain or suffering, most notably where the pregnancy is the result of rape or incest or is not viable.
Amendment 1552 #
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
Amendment 1553 #
1. Member States shall take the necessary measures to ensure that targeted and effective intervention programmes are established
Amendment 1554 #
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, in coordination with women's specialist support services, to prevent and minimise the risk of committing offences of violence against women or domestic violence, or reoffending. The programs should seek to hold perpetrators accountable and change attitudes and behaviours.
Amendment 1555 #
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 or domestic violence, or reoffending. Particular attention shall be paid to a victim's safety during such programmes, where interaction is required or there is proximity.
Amendment 1556 #
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, in coordination with specialised support services, to prevent and minimise the risk of committing offences of
Amendment 1557 #
1a. To combat reoffending, Member States shall ensure that the penalties imposed are effective.
Amendment 1558 #
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 or domestic violence. Special intervention programmes for potential offenders of child sexual abuse and exploitation should be arranged;
Amendment 1559 #
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
Amendment 1560 #
Proposal for a directive Article 38 – paragraph 2 2. The intervention programmes shall be
Amendment 1561 #
Proposal for a directive Article 38 – paragraph 2 a (new) 2a. Member States shall ensure that the perpetrator programmes comply with minimum standards and are in accordance with best practices, including at least the following conditions: - they shall be provided by trained staff; - they shall have a gender-based and feminist approach; - they shall be victim-orientated and include a full risk assessment of the perpetrator; - they shall hold perpetrators fully accountable; - they shall be part of and willing to cooperate within multiagency networks; - they shall strive to establish a strong collaboration with specialised support services, including women’s support services; - they shall be adequately funded; - they shall provide guidelines for evaluation of the outcome.
Amendment 1562 #
Proposal for a directive Article 38 a (new) Amendment 1563 #
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 in all their diversity and domestic violence.
Amendment 1564 #
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
Amendment 1565 #
Proposal for a directive Article 39 – paragraph 2 2. Member States shall designate or establish an official body responsible for coordinating, implementing, monitoring and evaluating policies and measures to prevent and combat all forms of violence covered under this Directive. This shall be done in coordination with the central, regional and local levels.
Amendment 1566 #
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 and machine-readable format determined-based on a guidance published by the Commission, and analyse and disseminate its results.
Amendment 1567 #
Proposal for a directive Article 39 – paragraph 3 3. That body shall coordinate the collection of data referred to in Article 44,
Amendment 1568 #
Proposal for a directive Article 39 – paragraph 4 Amendment 1569 #
Proposal for a directive Article 39 – paragraph 4 4. It shall be responsible for coordinating policies at the central, regional and local levels, and for ensuring the adequate funding and central participation of women’s specialist support services.
Amendment 1570 #
Proposal for a directive Article 39 – paragraph 4 4. It shall be responsible for coordinating policies at the central, regional and local levels and liaising with relevant European agencies and bodies.
Amendment 1571 #
Proposal for a directive Article 39 – paragraph 4 a (new) 4a. It shall analyse and monitor complaints and suggestions on the institutional response and to propose recommendations.
Amendment 1572 #
Proposal for a directive Article 40 – title Multi-agency and multi-disciplinary coordination and cooperation
Amendment 1573 #
Proposal for a directive Article 40 – paragraph 1 1. Member States shall put in place appropriate mechanisms to ensure effective, structured and regular coordination and cooperation, at the national, regional and local 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 non-
Amendment 1574 #
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 non- governmental organisations, particularly feminist women's 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 1575 #
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 non- governmental organisations, in particular women´s specialist services, 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 1576 #
Proposal for a directive Article 40 – paragraph 2 2. Such mechanisms shall pertain to all stages, areas and aspects of violence against women and domestic violence, and in particular
Amendment 1577 #
Proposal for a directive Article 41 – paragraph 1 Member States shall
Amendment 1578 #
Proposal for a directive Article 41 – paragraph 1 Member States shall closely cooperate with and consult in a consistent and structured manner with relevant civil society organisations,
Amendment 1579 #
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
Amendment 1580 #
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, 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. Such bodies must be credible and politically and ideologically neutral.
Amendment 1581 #
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 and organisations representing specific groups or communities, 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 1582 #
Proposal for a directive Article 41 – paragraph 1 Member States shall, in the framework of permanent structures, cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, and social partners, 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 1583 #
Proposal for a directive Article 41 – paragraph 1 Member States shall c
Amendment 1584 #
Proposal for a directive Article 41 – paragraph 1 Member States shall cooperate with and consult relevant and efficient civil society organisations, including non-governmental organisations working with victims of
Amendment 1585 #
Proposal for a directive Article 41 – paragraph 1 a (new) Member States shall develop a common gender budgeting framework to ensure the implementation of this directive. This common gender budgeting framework shall identify the concrete mechanisms through which the coordination among relevant national, regional and local stakeholders will be carried out in order to implement this Directive, including promising practices for improved cooperation between national authorities and civil society organizations such as specialist services, including women’s specialist services.
Amendment 1586 #
Proposal for a directive Article 41 – paragraph 1 a (new) This initial and ongoing training should include, among other subjects, information on the short- and long-term impact of such violence on children, their rights, the existing protection measures and clear guidance on the procedures to be taken, prioritising the well-being of the child.
Amendment 1587 #
Proposal for a directive Article 42 – paragraph 1 Member States shall
Amendment 1588 #
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
Amendment 1589 #
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 the online material referred to in Article 25(1) and to improve the training of their employees concerned on preventing, protecting, assisting and supporting the victims of the offences referred to therein.
Amendment 1590 #
Proposal for a directive Article 43 – paragraph 1 – introductory part Member States shall take appropriate action to facilitate cooperation between each other as well as with the EU institutions, agencies and bodies to improve the implementation of this Directive. Such cooperation shall aim at least at:
Amendment 1591 #
Proposal for a directive Article 43 – paragraph 1 – point a (a) exchanging best practices in a regular and organised manner, at national and EU level, and consulting each other in individual cases, including through Eurojust and the European Judicial Network in criminal matters;
Amendment 1592 #
Proposal for a directive Article 43 – paragraph 1 – point a (a) exchanging best practices and
Amendment 1593 #
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 1594 #
Proposal for a directive Article 43 – paragraph 1 – point b (b) exchanging information and best practices with relevant Union agencies and cooperating with them on the establishment of common standards and guidelines;
Amendment 1595 #
Proposal for a directive Article 43 – paragraph 1 – point b (b) exchanging information and best practices with relevant Union agencies, in particular EIGE;
Amendment 1596 #
Proposal for a directive Article 43 – paragraph 1 – point c (c) providing assistance
Amendment 1597 #
Proposal for a directive Article 43 – paragraph 1 – point c (c) providing assistance to Union networks working on matters directly relevant to
Amendment 1598 #
Proposal for a directive Article 43 – paragraph 1 – point c a (new) (ca) providing consular protection to European citizens who are victims of the offences referred to in this Directive in the territory of a third state.
Amendment 1599 #
Proposal for a directive Article 43 – paragraph 1 a (new) In order to contribute to a coordinated and consolidated Union strategy to address violence against women, Member States shall facilitate the tasks of a coordinator on violence against women (CVAW). In particular, Member States shall transmit to the CVAW the information referred to in Article 44, on the basis of which the CVAW shall contribute to reporting carried out by the Commission every two years on the progress made in the fight against violence against women.
Amendment 1600 #
Proposal for a directive Article 43 a (new) Article 43a EU Coordinator on combatting gender- based violence 1. Member States shall support the establishing of an EU Coordinator on combatting gender-based violence. 2. The EU Coordinator shall be responsible for improving coordination and coherence, among EU institutions and agencies as well as Member States and international actors, and the developing and monitoring of the implementation and transposition of EU policies to address gender-based violence.
Amendment 1601 #
Proposal for a directive Article 44 – paragraph 1 1. Member States shall have a system in place for the collection,
Amendment 1602 #
Proposal for a directive Article 44 – paragraph 1 1. Member States shall have a system in place for
Amendment 1603 #
Proposal for a directive Article 44 – paragraph 1 1. Member States shall have an harmonised system in place for the collection, development, production and dissemination of statistics on
Amendment 1604 #
Proposal for a directive Article 44 – paragraph 1 a (new) 1a. Non-governmental organizations working on preventing and tackling violence against women and domestic violence and general and specialist support services shall be consulted.
Amendment 1605 #
Proposal for a directive Article 44 – paragraph 2 – introductory part 2. The statistics shall include the following data collected at the level of law enforcement intervention and disaggregated by sex or gender, age of the victim and of the offender, relationship between the victim and the offender, the existence of a sexual violence dimension, whether the violence had a gendered motivation, other socio-demographic characteristics relevant for an intersectional analysis, and type of offence:
Amendment 1606 #
Proposal for a directive Article 44 – paragraph 2 – introductory part 2. The statistics shall be published at least annually and shall include the following data disaggregated by sex, age of the victim and of the offender, disability, relationship
Amendment 1607 #
Proposal for a directive Article 44 – paragraph 2 – introductory part 2. The statistics shall include the following comparable data disaggregated by gender, sex, age of the victim and of the offender,
Amendment 1608 #
Proposal for a directive Article 44 – paragraph 2 – introductory part 2. The statistics shall include the following data disaggregated by sex, age of the victim and of the offender, relationship between the victim and the offender and type of offence as well as in relation to intersecting forms of discrimination and other relevant sociodemographic characteristics:
Amendment 1609 #
Proposal for a directive Article 44 – paragraph 2 – introductory part 2. The statistics shall include the following data disaggregated by sex, age and nationality of the victim and of the offender, relationship between the victim and the offender and type of offence:
Amendment 1610 #
Proposal for a directive Article 44 – paragraph 2 – introductory part 2. The statistics shall include the following data disaggregated by
Amendment 1611 #
Proposal for a directive Article 44 – paragraph 2 – point -a (new) (-a) the availability of victim support services and the number of victims accessing them during the last 12 months;
Amendment 1612 #
Proposal for a directive Article 44 – paragraph 2 – point a (a) the number of victims who experienced violence against women or domestic violence during the last 12 months, last five years and lifetime, with an indication of whether those women belonged to one of the at-risk groups identified in Article 35(1) of this Directive;
Amendment 1613 #
Proposal for a directive Article 44 – paragraph 2 – point a (a) the number of victims who experienced violence against women
Amendment 1614 #
(a) the number of victims who experienced
Amendment 1615 #
Proposal for a directive Article 44 – paragraph 2 – point a a (new) (aa) the type of violence experienced;
Amendment 1616 #
Proposal for a directive Article 44 – paragraph 2 – point a b (new) (ab) the number of women who have lodged a complaint following acts of violence or domestic violence during the last 12 months;
Amendment 1617 #
Proposal for a directive Article 44 – paragraph 2 – point a c (new) (ac) the outcome of the complaint;
Amendment 1618 #
Proposal for a directive Article 44 – paragraph 2 – point a d (new) (ad) the number of women who have died because of their sex or gender;
Amendment 1619 #
Proposal for a directive Article 44 – paragraph 2 – point b (b) the annual number of such victims, of reported offences, of orders issued and measures granted, of persons prosecuted for
Amendment 1620 #
Proposal for a directive Article 44 – paragraph 2 – point b (b) the annual number of such victims, of issues barring or restraining orders, of reported offences, of persons prosecuted for and convicted of such forms of violence, obtained from national administrative sources, of the type of penalties, sentences or other measures applied, of termination of criminal proceedings and their reason for termination, of acquittals of the offender and their reasons.
Amendment 1621 #
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, obtained from national administrative sources, of the type of penalties and/or measures applied; of termination of criminal proceedings and its reason; of acquittals of the offender and its reasons.
Amendment 1622 #
Proposal for a directive Article 44 – paragraph 2 – point b (b) the annual number of such victims
Amendment 1623 #
Proposal for a directive Article 44 – paragraph 2 – point b a (new) (ba) c) annual and monthly number of fatal victims and orphan children; d) information on the existence of an official claim filed by the fatal victim; e) the number of cases reported to the law enforcement authorities; offences, f) the number of cases reported to specialist support services as referred to in Articles 27 to 32; g) the numbers of emergency barring, restraining and protection orders issued; h) the numbers of cases investigated, prosecuted and adjudicated; i) the number of convictions for the offences; j) the types and levels of sanctions imposed on offenders for violence against women and domestic violence, including per categories of offences as referred to in Articles 5 to 10; k) the average length of investigations and of criminal proceedings; l) number of calls to national helplines.
Amendment 1624 #
Proposal for a directive Article 44 – paragraph 2 – subparagraph 1 (new) In addition to those data, it is necessary to have general data on the number of complaints, the number and types of protection orders issued, the rates of dismissal and withdrawal of complaints, prosecution and conviction rates, the time taken for the disposal of cases, information on the sentences imposed on perpetrators and on reparations, including compensation, provided to victims, incidents reported to helplines or health and social services dealing with cases of violence against women.
Amendment 1625 #
Proposal for a directive Article 44 – paragraph 2 – point b a (new) (ba) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offence as contained in Article 2 of this directive.
Amendment 1626 #
Proposal for a directive Article 44 – paragraph 2 – point b a (new) (ba) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offense.
Amendment 1627 #
Proposal for a directive Article 44 – paragraph 2 – point b a (new) (ba) femicides and attempted femicides as well as murders and attempted murders of their children or other dependants.
Amendment 1628 #
Proposal for a directive Article 44 – paragraph 2 – point b b (new) (bb) the annual number of women on the overall waiting list for the support services (shelters and counselling).
Amendment 1629 #
Proposal for a directive Article 44 – paragraph 2 – point b c (new) (bc) the number of refused women from the support services (shelters and counselling) (annual reporting).
Amendment 1630 #
Proposal for a directive Article 44 – paragraph 2 – point b d (new) (bd) the number of shelter and family places per Member State (annual reporting).
Amendment 1631 #
Proposal for a directive Article 44 – paragraph 2 – point b e (new) (be) the costs per shelter place for each Member State (annual reporting).
Amendment 1632 #
Proposal for a directive Article 44 – paragraph 3 – subparagraph -1 (new) -1 Within the same system, Member States shall collect data for statistical purposes to assess the progress and outcome(s) of criminal proceedings, such as the type of sanction(s) applied to the offender(s) and the length, and where applicable, the number of instances of criminal proceedings.
Amendment 1633 #
Proposal for a directive Article 44 – paragraph 4 4. In order to ensure administrative data comparability across the Union, Member States shall collect
Amendment 1634 #
Proposal for a directive Article 44 – paragraph 4 4. In order to ensure administrative data comparability across the Union, Member States shall collect administrative data on the basis of common disaggregations developed in cooperation with and according to the methodology developed by Eurostat and in line with the guidance referred to in Article 39(3) and the European Institute for Gender Equality in accordance with paragraph 5. They shall transmit this data to Eurostat and the European Institute for Gender Equality on a yearly basis. The transmitted data shall not contain personal data.
Amendment 1635 #
Proposal for a directive Article 44 – paragraph 4 4. In order to ensure administrative
Amendment 1636 #
Proposal for a directive Article 44 – paragraph 5 5. The European Institute for Gender Equality shall support Member States in the data gathering referred to in paragraph 2, point (b), including by establishing common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences. Non-governmental organisations working on preventing and tackling violence against women or domestic violence, including women's organisations, women's specialist support services and other specialist support services shall be involved (or consulted) in the development of the methodologies for surveys and administrative data collection regulated in this Article.
Amendment 1637 #
Proposal for a directive Article 44 – paragraph 5 5.
Amendment 1638 #
Proposal for a directive Article 44 – paragraph 5 5. The European Institute for Gender Equality shall support Member States in the data gathering referred to in paragraph 2,
Amendment 1639 #
Proposal for a directive Article 44 – paragraph 5 5. The European Institute for Gender Equality shall support Member States in the data gathering referred to in paragraph 2, point (b), including by recommending establish
Amendment 1640 #
Proposal for a directive Article 44 – paragraph 5 5. The European Institute for Gender Equality shall support Member States in the data gathering referred to in paragraph 2, point (b), including by establishing common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences.
Amendment 1641 #
Proposal for a directive Article 44 – paragraph 6 6. The Member States shall make the collected statistics available to the public. The statistics shall not contain personal data. Data collection for statistical purposes should be ongoing to monitor trends and to identify good practices and areas for improvement. Eurostat and the European Institute for Gender Equality shall prepare a report every two years on the statistics linked to the implementation of this directive and shall transmit it to the European Parliament and the Council. The Commission shall ensure that sufficient funding is allocated to carry out such reporting.
Amendment 1642 #
Proposal for a directive Article 44 – paragraph 6 6. The Member States shall make the collected statistics available to the public in easily accessible and understandable manner. The statistics shall not contain personal data.
Amendment 1643 #
Proposal for a directive Article 44 – paragraph 7 7. The Member States shall support research
Amendment 1644 #
Proposal for a directive Article 44 – paragraph 7 7. The Member States shall support research on root causes, effects, incidences and conviction rates
Amendment 1645 #
Proposal for a directive Article 44 – paragraph 7 7. The Member States shall support research on root causes, effects, incidences and conviction rates of the forms of violence covered by this Directive, in close cooperation with relevant competent authorities and specialist support services.
Amendment 1646 #
Proposal for a directive Article 44 – paragraph 7 a (new) 7a. The collection of data under paragraph 1 shall be implemented independently from other data collection obligations under international and Union law.
Amendment 1647 #
Proposal for a directive Article 44 a (new) Article 44a Resources 1. Member States shall ensure that national authorities that detect, investigate, prosecute and adjudicate offences within the scope of this Directive have a sufficient number of adequately trained specialised staff, including through the establishment of dedicated specialised units or chambers, and ensure that these national authorities have sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. 2. Member States shall ensure that all specialised support service providers, including non-governmental women´s specialist services, as well as other relevant actors are provided with sufficient, predictable, and sustainable funding and human, technical and technological resources necessary to ensure effective performance of their functions related to the implementation of this Directive. 3. Member States shall ensure sufficient, predictable and sustainable funding for all types of measures laid out in this Directive, including prevention, protection, access to justice, victim support as well as coordination and cooperation measures.
Amendment 1648 #
Proposal for a directive Article 44 a (new) Amendment 1649 #
Proposal for a directive Article 44 b (new) Article 44b 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 1650 #
Proposal for a directive Article 44 c (new) Article 44c Member States shall ensure that sufficient public funding is provided for the measures adopted in order for them to be effectively implemented.
Amendment 1651 #
Proposal for a directive Article 45 – paragraph 1 Directive 2011/93/EU Article 3 – paragraph 7 7. Member States shall ensure that the following intentional conduct shall be punishable by a maximum term of imprisonment of at least 1
Amendment 1652 #
Proposal for a directive Article 45 – paragraph 1 Directive 2011/93/EU Article 3 – paragraph 8 8. Where the child is above the age of sexual consent and does not consent to the act, Member States shall ensure that the conduct set out in paragraph 7 is punishable by a maximum term of imprisonment of at least 1
Amendment 1653 #
Proposal for a directive Article 45 – paragraph 1 Directive 2011/93/EU Article 3 – paragraph 9 For the purpose of paragraph 8, Member States shall ensure that a non-consensual act is understood as an act which is performed without the child’s explicit consent given voluntarily, or where the child is unable to form and express a free will due to the presence of circumstances referred to in paragraph 5, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, sleep, illness or bodily injury.
Amendment 1654 #
Proposal for a directive Article 45 – paragraph 1 Directive 2011/93/EU Article 3 – Paragraph 9 Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct or existing or past relationship with the offender, including marital status. Consent shall be given for each separate act.
Amendment 1655 #
Proposal for a directive Article 45 – paragraph 1 a (new) EU Coordinator on ending violence against women Member States should facilitate the tasks of an EU coordinator, which may improve coordination and coherent approach in the implementation of the different legislative tools on violence against women, avoiding duplication of effort, between Union institutions and agencies as well as between Member States and international actors and contributing to the development of existing or new Union policies and strategies relevant to ending the continuum of violence against women and girls or reporting to the Union or international institutions.
Amendment 1656 #
Proposal for a directive Article 45 a (new) Article 45a EU Coordinator on ending violence against women and all forms of gender- based violence Member States should facilitate the tasks of an EU coordinator, which should include improving coordination and ensuring coherent, evidence-based approaches in the implementation of the different legislative tools on violence against women and all forms of gender- based violence, between Union institutions, EU agencies, Member States, the Council of Europe and international actors, contributing to the development of existing or new Union policies and strategies relevant to ending the continuum of violence against women and girls and all forms of gender-based violence or reporting to the Union or international institutions. The coordinator will have a structured engagement with civil society organisations and women’s support services.
Amendment 1657 #
Proposal for a directive Article 46 – paragraph 1 This Directive establishes minimum rules. Member States may, at their discretion, introduce or maintain provisions with
Amendment 1658 #
Proposal for a directive Article 47 – paragraph 1 1. By
Amendment 1659 #
Proposal for a directive Article 47 – paragraph 2 2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall regularly and in line with the reporting obligations of Member States submit to the European Parliament and the Council a report in which it reviews the application of this Directive.
Amendment 1660 #
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 binding international instruments for Member States and 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 of this Directive.
Amendment 181 #
Draft legislative resolution Citation 4 a (new) — having regard to Article 5 of the Treaty on European Union,
Amendment 182 #
Proposal for a directive Title 1 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating
Amendment 183 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(2), Article 83(1) and Article 83
Amendment 184 #
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 185 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to provide a comprehensive framework to effectively combat violence against women 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 at national and EU-level by ensuring a multi-agency and multi- disciplinary approach and enhanced data collection on violence against women and domestic violence.
Amendment 186 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to provide a comprehensive framework to effectively combat violence against women 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 on sexual exploitation of women and cyberviolence against women, the protection of victims and their access to justice, victim support, prevention, coordination and cooperation.
Amendment 187 #
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. 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 and reparation, prevention, coordination and cooperation.
Amendment 188 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to provide a comprehensive framework to effectively combat all forms of violence against women 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 189 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to provide a comprehensive framework to effectively combat
Amendment 190 #
Proposal for a directive Recital 1 a (new) (1a) We reject this proposal for a Directive because there is no sufficient legal basis for certain provisions of this legislative draft and because it trespasses on Member States’ competences, thus infringing the principles of conferral, subsidiarity and proportionality set out in Article 5 of the Treaty on European Union. Thus, this proposal for a Directive is based on gender theories and seeks to legitimise itself and to legitimise the Istanbul Convention affirming the interpretative need for a gender perspective, which invalidates it as an international legislative reference point. This ideological overlapping in the development of certain offences is to the detriment of human dignity and favours misconceived and unjust laws. Such a perspective violates offence-based criminal law in favour of offender-based criminal law. Democratic criminal law is an offence-based criminal law and not an offender-based criminal law, since criminal law must confine itself to imposing sanctions on conduct that violates the provisions of criminal law and is detrimental to a legal interest, of all and for all. In the definition provided by criminal jurisprudence of offence-based criminal law, individuals are responsible for their conscious and free actions, namely, for the commission of conduct known and intentionally carried out by them, which under the express and pre- existing provisions of the law is contrary to the fundamental interests of society and its members and thus merits the imposition of a sanction on offenders. There can thus be no justification for sanctioning, as this Directive, because of its express and underlying ideology, attempts to do, certain persons (males) on the grounds that they are considered potentially dangerous or assumed to be aggressors. Such an approach also involves straying into the criminal law of will or intent, and thus abandoning the principles of fact, culpability and legality. Thus, it is not for a legislative text to take an approach that includes subjective evaluations and ideological prejudices that discriminate against males purely on the grounds of their sex.
Amendment 191 #
Proposal for a directive Recital 1 a (new) (1a) This proposal for a Directive is fundamentally flawed through the attempt to apply gender theories as an interpretative element of the proposal. In addition, it is flawed because including such theories leads to a misconfiguration of offences through the addition of the element of subjectivity. As a result, concepts are included that implicitly involve value judgements that are damaging to men and infringe principles such as equality, the presumption of innocence and good faith. Such principles must not be viewed as subordinate to the issue of whether the individual concerned is a man or a woman.
Amendment 192 #
Proposal for a directive Recital 1 a (new) (1a) The Directive must be based on equality, the presumption of innocence and good faith, and these must not be viewed as subordinate to a person’s sex.
Amendment 193 #
Proposal for a directive Recital 1 b (new) (1b) If this proposal for a Directive were to be changed to remove its ideological approach and interference in matters which fall within the competence of Member States, it would provide a comprehensive framework to effectively combat any type of violence, whether against men or women, if we include the family as the environment best placed to provide protection for women and any family member since it is the best environment in which affection, virtues and values may develop that make up the rest of people.
Amendment 194 #
Proposal for a directive Recital 1 b (new) (1b) Rape is a form of aggression that is already defined in Member States’ criminal codes. When any type of force, abuse and/or exploitation of a victim’s vulnerability is present, as may be the case where the victim is a woman or a minor, this must be considered to be an aggravating factor.
Amendment 195 #
Proposal for a directive Recital 1 b (new) (1b) This Directive must respect the principles enshrined in the Treaty on European Union regarding conferral, subsidiarity and proportionality, giving precedence to respect for Member States’ sovereignty.
Amendment 196 #
Proposal for a directive Recital 1 b (new) (1b) The Directive must be based on equality, the presumption of innocence and good faith, and these must not be viewed as subordinate to a person’s sex.
Amendment 197 #
Proposal for a directive Recital 1 b (new) (1b) The inclusion of interpretative elements in the evaluation of the facts of offences distorts the objectivity of the provisions.
Amendment 198 #
Proposal for a directive Recital 1 c (new) (1c) Rape is a form of aggression that is already defined in Member States’ criminal codes. When any type of force, abuse and/or exploitation of a victim’s vulnerability is present, as may be the case where the victim is a woman or a minor, this must be considered to be an aggravating factor.
Amendment 199 #
Proposal for a directive Recital 1 c (new) (1c) The Directive must be confined to areas which are within the competence of the European Union. Therefore, only violence of a cross-border nature may be addressed and the details may not conflict with regulations already in existence within the framework of national sovereignty.
Amendment 200 #
Proposal for a directive Recital 1 c (new) (1c) The Directive must be confined to areas which are within the competence of the EU. Therefore, only violence of a cross-border nature may be addressed and the details may not conflict with regulations already in existence within the framework of national sovereignty.
Amendment 201 #
Proposal for a directive Recital 1 c (new) (1c) The Directive must be based on equality, the presumption of innocence and good faith, and these must not be viewed as subordinate to a person’s sex.
Amendment 202 #
Proposal for a directive Recital 1 c (new) (1c) The inclusion of interpretative elements in the evaluation of the facts of offences distorts the objectivity of the provisions.
Amendment 203 #
Proposal for a directive Recital 1 d (new) (1d) The family is the natural environment of protection and stability, where affection is developed between family members and individuals show their trust in each other. Any transgression of such stability must be considered as aggravating the offence.
Amendment 204 #
Proposal for a directive Recital 1 d (new) (1d) The family is the natural environment of protection and stability, where affection is developed between family members and individuals show their trust in each other. Any transgression of such stability must be considered as aggravating the offence.
Amendment 205 #
Proposal for a directive Recital 1 d (new) (1d) The inclusion of interpretative elements in the evaluation of the facts of offences distorts the objectivity of the provisions.
Amendment 206 #
Proposal for a directive Recital 1 e (new) Amendment 207 #
Proposal for a directive Recital 1 f (new) (1f) The family is the natural environment of protection and stability, where affection is developed between family members and individuals show their trust in each other. Any transgression of such stability must be considered as aggravating the offence.
Amendment 208 #
Proposal for a directive Recital 1 g (new) (1g) Rape is a form of aggression that is already defined in Member States’ criminal codes. Any form of force, abuse and/or exploitation of the victim’s vulnerability must be considered to be an aggravating factor.
Amendment 209 #
(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. At the same time, the realisation of de jure and de facto equality between women and men is a key element in the prevention of violence against women.
Amendment 210 #
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 and preventing the full advancement of women, girls and our societies as a whole.
Amendment 211 #
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’).
Amendment 212 #
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’).
Amendment 213 #
Proposal for a directive Recital 2 a (new) (2 a) Gender-based violence is a serious obstacle to the participation of women and girls and other victims in in all spheres of private and public life and make them unable to fully enjoy their rights and fundamental freedoms.
Amendment 214 #
Proposal for a directive Recital 3 (3) Violence against women 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 215 #
Proposal for a directive Recital 3 (3) Violence against women 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,
Amendment 216 #
Proposal for a directive Recital 3 (3)
Amendment 217 #
Proposal for a directive Recital 3 a (new) (3a) The possibility to have a common EU framework gender-based violence and protecting its victims is currently limited due to the available legal basis. In order to finally have a comprehensive EU framework for fighting against all forms of gender-based violence and properly protecting victims, it is imperative to urgently extend the areas of crime in accordance with Article 83(1) of the Treaty on the Functioning of the EU to include gender-based violence.
Amendment 218 #
Proposal for a directive Recital 3 b (new) (3b) The Council of Europe Convention on preventing and combating violence against women (‘Istanbul Convention’) is the first legally binding international instrument on preventing and combating violence against women and girls at international level. Although six Member States - Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia - have not ratified the Convention, the European Court of Justice clarified in its Opinion of 6 October 2021 that the Council may not make finding a 'common accord' a prerequisite for the decision on accession to the Convention by the EU, which should be made based on a qualified majority. The Council should therefore abide by the ruling of the Court and ratify the Istanbul Convention as soon as possible by qualified majority.
Amendment 219 #
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, negligent rape, female genital mutilation, forced sterilisation, sexual exploitation through the prostitution of others, the purchase of sexual acts, reproductive exploitation of women through surrogacy, forced pregnancy, forced marriage, forced abortion and ban on abortion the non-
Amendment 220 #
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
Amendment 221 #
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, sexual assault, female genital mutilation, sexual exploitation, forced sterilisation, forced marriage, sexual harassment and the non-
Amendment 222 #
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
Amendment 223 #
Proposal for a directive Recital 4 (4) This Directive should apply to criminal conduct which amounts to
Amendment 224 #
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 has been reaching significant levels in the last few years in all EU countries, and 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
Amendment 225 #
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, exploitation through surrogacy, 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, sexual violence including rape, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of
Amendment 226 #
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
Amendment 227 #
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, intersex genital mutilation, the non-
Amendment 228 #
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
Amendment 229 #
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
Amendment 230 #
Proposal for a directive Recital 4 a (new) (4a) Sexual and reproductive health and rights (SRHR), including safe and legal abortion care, constitute a fundamental right. Criminalising, delaying and denying access to SRHR constitutes a form of violence against women and girls. These restrictions and bans do not reduce the number of abortions, but only force people to travel long distances or to resort to unsafe abortions and affect the people who are most lacking in resources and information. Despite general progress in SRHR protection, backsliding on the right to access safe and legal abortion is currently a grave concern, including in some Member States, such as Poland, Slovakia, Hungary. Therefore, to protect fundamental rights, the right to safe and legal abortion should be included in the Charter of Fundamental Rights of the EU, as already called for by the European Parliament.1a _________________ 1a European Parliament’s resolution of 7th July 2022 on the US Supreme Court decision to overturn abortion rights in the United States and the need to safeguard abortion rights and women’s health in the EU
Amendment 231 #
Proposal for a directive Recital 4 a (new) (4a) Certain forms of institutional violence may be also specifically recognised under national law including in particular forms of violence such as obstetric violence, denial of sexual and reproductive health and rights including forced pregnancy, and forced contact or forced visitation when they allow revictimisation, continuation of domestic violence, sexual violence and/or vicarious violence over the children of the victim.
Amendment 232 #
Proposal for a directive Recital 4 a (new) (4a) This Directive contains definitions or neologisms such as ‘femicide’, and this infringes the principle of equality between men and women and the presumption of innocence, by attempting to classify men as presumed aggressors and victimising women.
Amendment 233 #
Proposal for a directive Recital 4 a (new) Amendment 234 #
Proposal for a directive Recital 4 b (new) (4b) To comply with the law, definitions of offences should not contain neologisms such as the concept of ‘femicide’, which prejudges men as presumed aggressors and victimises women, infringing the principle of equality.
Amendment 235 #
Proposal for a directive Recital 4 c (new) (4c) To comply with the law, definitions of offences should not contain neologisms such as the concept of ‘femicide’, which prejudges men as presumed aggressors and victimises women, infringing the principle of equality.
Amendment 236 #
(4d) The presumption of innocence is a principle that must always and in all cases be abided by when assessing or judging whether or not an intention or act constitutes an offence.
Amendment 237 #
Proposal for a directive Recital 4 e (new) (4e) Changing offences in such a way that actors and victims are judged on the basis of a person’s characteristics or nature infringes the principle of equality which, together with good faith, constitutes the foundation of natural trust in human relations.
Amendment 238 #
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
Amendment 239 #
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 240 #
(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, whether direct or indirect, 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 241 #
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 gender-based violence covered under this Directive
Amendment 242 #
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
Amendment 243 #
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
Amendment 244 #
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
Amendment 245 #
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
Amendment 246 #
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
Amendment 247 #
Proposal for a directive Recital 6 (6) Due to their vulnerability, children who witness violence against women or domestic violence suffer a direct emotional, the so called “witness violence”, and psychological harm, which impacts their development. Therefore, such children should always be considered victims and benefit from targeted protection measures.
Amendment 248 #
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
Amendment 249 #
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
Amendment 250 #
Proposal for a directive Recital 6 (6) Due to their vulnerability, children who witness
Amendment 251 #
Proposal for a directive Recital 6 a (new) (6a) Special attention should also be paid to children orphans due to violence against women and domestic violence, as they are faced by a situation of special vulnerability, with the psychological and emotional impact that this entails. These children must have targeted protection measures and support, particularly during relevant criminal and civil proceedings.
Amendment 252 #
Proposal for a directive Recital 7 Amendment 253 #
Proposal for a directive Recital 7 Amendment 254 #
Proposal for a directive Recital 7 (7) Violence against women i
Amendment 255 #
Proposal for a directive Recital 7 (7) Violence against women is a
Amendment 256 #
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.
Amendment 257 #
Proposal for a directive Recital 7 (7)
Amendment 258 #
Proposal for a directive Recital 7 (7) Violence against women is a
Amendment 259 #
Proposal for a directive Recital 7 (7) Violence against women is understood to be a violation of human right and 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
Amendment 260 #
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 one of the crucial social mechanisms by which women are forced into a subordinate position compared to men perpetuating inequality between women and men.
Amendment 261 #
Proposal for a directive Recital 7 (7) Violence against women is a violation of human rights, a major public health problem and is a persisting manifestation of structural discrimination against women, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.
Amendment 262 #
Proposal for a directive Recital 7 (7) Violence against women is a violation of human rights and 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
Amendment 263 #
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 264 #
Proposal for a directive Recital 7 (7) Violence against women is a persisting manifestation of structural discrimination against women, resulting
Amendment 265 #
Proposal for a directive Recital 7 a (new) (7a) Legislation and offences must not be distorted by ideological views that assume structural discrimination that is not objective in all cultural and social situations and contexts.
Amendment 266 #
Proposal for a directive Recital 7 b (new) (7b) The law must be based on facts, not on mere interpretations or assumptions.
Amendment 267 #
Proposal for a directive Recital 8 (8) Domestic violence is a serious social problem which often remains hidden, in the absence of reporting by victims and adequate information about reporting to the relevant authorities. 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. Domestic violence may occur whether or not the offender shares or has shared a household with the victim. Victims usually hesitate to complain about such acts of violence because they do not have any way of leaving home, especially where there are children involved.
Amendment 268 #
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 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
Amendment 269 #
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, emotional, and economic and can occur within a range of relationships. Victims of domestic violence include not only partners, but also children or other relatives. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.
Amendment 270 #
Proposal for a directive Recital 8 (8) Domestic violence is a serious social problem which often remains hidden, because it usually occurs in a private context. It can lead to serious psychological and physical trauma
Amendment 271 #
Proposal for a directive Recital 8 (8) Domestic violence and intimate partner 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. Domestic violence and intimate partner violence may occur whether or not the offender shares or has shared a household with the victim.
Amendment 272 #
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, which affects women and children disproportionately, 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 273 #
Proposal for a directive Recital 8 a (new) (8a) Gender equality and women’s empowerment, and investing in the construction of a gender-equal society where women are autonomous, financially and socially are the best prevention strategies against the various forms of violence against women and domestic violence. Member States shall ensure that women have the means and possibilities necessary to leave an abusive relationship by providing housing and social assistance. Prevention of gender based violence demands that Member States ensure that their fiscal policies, housing policies and economic policies give all women access to financial autonomy, decent, affordable housing, affordable high-quality child care, free education, legal abortion, and free high- quality health care, including sexual and reproductive healthcare.
Amendment 274 #
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. The persisting gravity of the problem of violence against women and domestic violence in the Union, clearly shown by the fact that the existing provisions have proven to be insufficient and exacerbated by the lack of mechanisms with which the full implementation of current provisions would be advanced in combination with the specificities of those crimes, justifies treating victims of violence against women and domestic violence differently in comparison to victims of other crimes in the Union and justifies the specific measures introduced by this Directive. _________________ 38 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
Amendment 275 #
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 gender-sensitive 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.
Amendment 276 #
Proposal for a directive Recital 9 (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, considering that these types of crimes disproportionately affect women. 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
Amendment 277 #
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 order to remove them from the conflict zone and protect them. 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
Amendment 278 #
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 minimum rules, which addresses the persisting problem of
Amendment 279 #
Proposal for a directive Recital 9 a (new) (9a) National legislation contains the elements of assessment and the legal tools required to respond to any situations that may occur with regard to violence without the need for supranational regulatory frameworks that lead to a homogeneous vision that is not in line with national constitutions or provisions.
Amendment 280 #
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
Amendment 281 #
Proposal for a directive Recital 10 (10) This Directive supports the international commitments the Member States have undertaken to combat and prevent
Amendment 282 #
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
Amendment 283 #
Proposal for a directive Recital 10 a (new) (10a) This Directive is based on the Istanbul Convention, which has the aim of including a gender perspective in the implementation and evaluation of the impact of its provisions.
Amendment 284 #
Proposal for a directive Recital 11 Amendment 285 #
Proposal for a directive Recital 11 Amendment 286 #
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.
Amendment 287 #
Proposal for a directive Recital 11 (11) Violence against women and
Amendment 288 #
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
Amendment 289 #
Proposal for a directive Recital 11 (11)
Amendment 290 #
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 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, in a way that they are inseparable and produce specific types of discrimination. 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 291 #
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, older women, female children up to the age of 18, women in the uniformed services and women with a minority racial or ethnic background are at a heightened risk of experiencing gender-
Amendment 292 #
Proposal for a directive Recital 11 (11) Violence against women and
Amendment 293 #
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
Amendment 294 #
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, migrant women and women with a minority racial or ethnic background are at a heightened risk of experiencing gender-
Amendment 295 #
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,
Amendment 296 #
Proposal for a directive Recital 11 (11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on
Amendment 297 #
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
Amendment 298 #
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
Amendment 299 #
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,
Amendment 300 #
Proposal for a directive Recital 11 a (new) (11a) The principle of intersectionality creates a systematic presumption of conflict between opposing scenarios, adopting novel theories that are without any scientific or anthropological basis and that do not correspond to the reality of relationships, at the same time denying the equality and harmony between persons that is required.
Amendment 301 #
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. Member States should closely monitor and individually address cases whereby, as a result of systemic exploitation and misuse of the term parental alienation syndrome, children are forced to maintain contacts with a violent or sexually abusive parent even after divorce or separation of their parents and women attempting to prevent such contacts are ordered to pay substantial financial fines.
Amendment 302 #
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.
Amendment 303 #
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, and murder. Particular attention should thus be paid to these risks and to the need to protect the dignity and physical integrity of such victims, as well as their lives and children, where necessary.
Amendment 304 #
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, before, during and after the conduct of legal proceedings.
Amendment 305 #
Proposal for a directive Recital 12 (12) Victims of
Amendment 306 #
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 and their children.
Amendment 307 #
Proposal for a directive Recital 12 a (new) (12 a) Forced pregnancy or ban on abortion are also forms of violence against women. Being forced to continue a pregnancy resulting from rape is a violation of human rights, a form of gender-based violence and a violation of the right to freedom from torture or cruel, inhuman and degrading treatment or punishment.
Amendment 308 #
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 309 #
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 victim for her sexual orientation, gender expression and/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 310 #
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. 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, which is often difficult to prove in court. 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 311 #
Proposal for a directive Recital 13 (13)
Amendment 312 #
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 is a form of sexual exploitation as 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. .
Amendment 313 #
Proposal for a directive Recital 13 (13) Rape is one of the most serious offences breaching a person’s dignity and 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. 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 314 #
Proposal for a directive Recital 13 a (new) (13a) It should be borne in mind that in order for an offence to be deemed to exist it is not sufficient for certain circumstances to be present or even the existence of consent. Disorderly conduct may compromise thinking and even willpower, and this shall not under any circumstances justify consent that does not procure the personal good and the common good. It is necessary to appeal to natural law and the moral order to ensure that no conduct is ever justified unless it seeks to achieve good and prevent evil.
Amendment 315 #
Proposal for a directive Recital 13 a (new) (13a) Given its extreme gravity, rape must be condemned in the strongest terms and Member States are asked to be vigilant about possible reductions in penalties for offenders, to avoid fostering a sense of impunity on the part of offenders – which is a factor in reoffending – or a deep feeling of injustice on the part of victims.
Amendment 316 #
Proposal for a directive Recital 13 a (new) (13a) Consent to the sexual act must be a genuine human act; in other words, it must be conscious, free and voluntary and must not be susceptible to misinterpretation.
Amendment 317 #
Proposal for a directive Recital 13 b (new) (13b) Any act of aggression upon a person may not be justified on the grounds of alleged consent.
Amendment 318 #
Proposal for a directive Recital 13 c (new) (13c) There are acts that by their very nature inherently involve aggression, and such acts cannot therefore be justified on the grounds of consent, but must be judged as aggressive acts.
Amendment 319 #
Proposal for a directive Recital 14 (14) Rape should explicitly include all types of sexual penetration, with any
Amendment 320 #
Proposal for a directive Recital 14 (14) Rape should explicitly include all types of sexual penetration, with any bodily part or object. In addition, any other non-consensual act of a sexual nature that, in view of the gravity of the act and/or its consequences to the victim, is comparable to penetration should be equated with rape because the harm caused to the victim is comparable. The lack of consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape even where committed against a spouse or intimate
Amendment 321 #
Proposal for a directive Recital 14 (14) Rape should explicitly include all types of sexual penetration, with any bodily part or object, including when performed online by the victims themselves as a result of coercion such as cases of sextortion. The lack of consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape even where committed against a spouse or intimate partner.
Amendment 322 #
Proposal for a directive Recital 14 (14) Rape should explicitly include all types of sexual penetration, with any bodily part or object. The lack of explicit consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved
Amendment 323 #
Proposal for a directive Recital 14 (14) Rape should explicitly include all types of sexual penetration, with any bodily part or object. The lack of consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, should be sustainable and acceptable in court and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape even where committed against a spouse or intimate partner.
Amendment 324 #
Proposal for a directive Recital 14 (14) Rape should explicitly include all types of sexual penetration, with any bodily part or object. The lack of explicit consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial explicit consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape
Amendment 325 #
Proposal for a directive Recital 14 (14) Rape should explicitly include all types of sexual penetration, with any bodily part or object. The lack of consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should
Amendment 326 #
Proposal for a directive Recital 14 a (new) (14a) Consent should always be given freely and voluntarily in a situation of mutuality and autonomy. Initial consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. There are a number of situations in which a victim is unable to form or express a free will and offences committed under those circumstances should therefore be deemed to be non-consensual acts. While making an assessment of a particular situation, personal and external circumstances should be taken into account. In that context, fear is not limited to the threat of a criminal act. The lack of consent due to intoxication should also cover incapacitation caused by drugs, alcohol or other intoxicating substances. Particularly vulnerable situations refer to situations in which victims have clearly limited opportunities to defend their sexual and/or physical integrity and avoid an assault. A particularly vulnerable situation could also include situations of particularly serious power imbalance, including the existence of coercive control over the victim or of serious economic dependence, or the disability condition, in particular those with intellectual or psychosocial disabilities or living in institutions. Non-consensual sexual penetration or any other non-consensual act of a sexual nature that, in view of the gravity of the act, is comparable to penetration should constitute rape also when committed against a spouse or intimate partner. Consent cannot be bought in exchange of economic compensation.
Amendment 327 #
Proposal for a directive Recital 14 a (new) (14a) Consent should always be given freely and voluntarily. Initial consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. There are a number of situations in which a victim is unable to form a free will and offences committed under those circumstances should therefore be deemed to be non-consensual acts. While making an assessment of a particular situation, personal and external circumstances should be taken into account. In that context, fear is not limited to the threat of a criminal act. The lack of consent due to intoxication should also cover incapacitation caused by drugs, alcohol or other intoxicating substances. Particularly vulnerable situations refer to situations in which victims have clearly limited opportunities to defend their sexual integrity and avoid an assault. A particularly vulnerable situation could also include situations of particularly serious power imbalance or of serious economic dependence. Non-consensual sexual penetration or any other non- consensual act of a sexual nature that, in view of the gravity of the act, is comparable to penetration should constitute rape also when committed against a spouse or intimate partner. Every girl and woman has the right to express themselves and their sexuality freely and in a secure way that is not interpreted as consent or sexual interaction.
Amendment 328 #
Proposal for a directive Recital 14 a (new) (14a) Consent must always be assessed in relation to the time when the event took place. Consent must be given freely and voluntarily, namely without external constraints or threats. In certain cases women are unable to give free and voluntary consent, such as when they are not capable of forming a free will due to their physical or mental condition, such as when they are frightened, intimidated, unconscious, intoxicated, asleep, ill, physically injured or disabled.
Amendment 329 #
Proposal for a directive Recital 14 a (new) (14a) Non-consensual sexual acts that are committed without penetration should also be included as a criminal offence in Member States due to the gravity and lasting consequences on the victim's dignity and wellbeing, including a severe physical, emotional, psychological, and sexual impact.
Amendment 330 #
Proposal for a directive Recital 15 (15)
Amendment 331 #
Proposal for a directive Recital 15 (15) With regard to offences amounting to rape, first-offenders and offenders who have been previously convicted of offences of the same nature should be obliged to participate in intervention programmes to mitigate the risk of recidivism
Amendment 332 #
Proposal for a directive Recital 15 (15) With regard to offences amounting to rape and to other non-consensual acts of a sexual nature, offenders who have been previously convicted of offences of the same nature should be obliged to participate in intervention programmes to mitigate the risk of recidivism.
Amendment 333 #
Proposal for a directive Recital 15 (15) With regard to offences amounting to rape, offenders who have been previously convicted of offences of the same nature should be obliged to wear an electronic tag and participate in intervention programmes to mitigate the risk of recidivism.
Amendment 334 #
Proposal for a directive Recital 15 (15) With regard to offences amounting to rape, first-offenders and offenders who have been previously convicted of offences of the same nature should be obliged to participate in intervention programmes to mitigate the risk of recidivism.
Amendment 335 #
Proposal for a directive Recital 15 (15) With regard to offences amounting to rape, offenders who have been previously convicted of offences of the same nature should be obliged to participate in evidence-based intervention programmes to mitigate the risk of recidivism.
Amendment 336 #
Proposal for a directive Recital 15 a (new) Amendment 337 #
Proposal for a directive Recital 15 a (new) (15a) Forced marriage must be considered to be a form of exploitation that primarily affects women. Poverty, unemployment, customs or conflicts are all factors that promote the use of forced marriage. Often, forms of physical and psychological exploitation and violence, such as sexual exploitation, forced labour and begging under coercion, accompany forced marriage. It is therefore necessary for forced marriage to be criminalised in all Member States, with appropriate penalties, and for it to be possible for such marriages to be annulled or dissolved without any excessive administrative or financial burden for victims.
Amendment 338 #
Proposal for a directive Recital 15 a (new) (15a) Sexual assault typically takes place in a similar context to that of rape, namely a power imbalance between the offender and the victim. Like with rape, sexual assault violates the dignity and physical integrity of the victim. Member States' legislation on this matter varies widely. In order to ensure an equal minimum level of protection for women throughout the Union, it is necessary to provide the constitutive elements of the crime of sexual assault of women.
Amendment 339 #
Proposal for a directive Recital 15 a (new) (15a) Sexual assault is also a type of sexual violence that disproportionately affects women and that seriously breaches a person's sexual integrity. It should include any act that undermines the sexual freedom of a woman without her consent as well as intentionally and secretly ceasing to use any method of prophylaxis or reproductive control during a sexual act without the consent of the victim.
Amendment 340 #
Proposal for a directive Recital 16 (16) In order to address the irreparable and lifelong damage female genital mutilation has on victims, this offence should be specifically and adequately addressed in the criminal laws. Female genital mutilation is an exploitative practice that pertains to the sexual organs of a girl or a woman and that is performed for the purpose of preserving and asserting domination over women and girls and exerting social control over girls and women’s sexuality. It is sometimes performed in the context of child forced marriage or domestic violence. Female genital mutilation may occur as a traditional practice with an origin outside Europe which some communities perform on their female members. It should cover practices undertaken for non-medical reasons. It may, however, be performed in Europe, or when European nationals return to their family’s country of origin, for example for holidays. The term “excising” should refer to the partial or total removal of the clitoris and the labia majora. “Infibulating” should cover the closure of the labia majora by partially sewing together the outer lips of the vulva in order to narrow the vaginal opening. The term “performing any other mutilation” should refer to all other physical alterations of the female genitals.
Amendment 341 #
Proposal for a directive Recital 16 (16) In order to address the irreparable and lifelong damage female genital mutilation has on victims, this offence
Amendment 342 #
Proposal for a directive Recital 16 (16) In order to address the
Amendment 343 #
Proposal for a directive Recital 16 (16) In order to address the irreparable and lifelong damage female genital mutilation has on victims, this offence should be specifically and adequately addressed in the criminal laws. Female genital mutilation is an exploitative practice that pertains to the sexual organs of a girl or a woman and that is performed for the purpose of preserving and asserting domination over women and girls and exerting social control over girls and women’s sexuality. It is sometimes performed in the context of child forced marriage or domestic violence. Female genital mutilation may occur as a traditional practice which some communities perform on their female
Amendment 344 #
Proposal for a directive Recital 16 a (new) (16a) Forced sterilisation is another form of violence against women and a gross violation of human and fundamental rights, such as the rights to dignity, physical integrity, privacy and free and informed consent. It 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. Roma women and girls, women and girls with disabilities and transgender people are particularly at risk of such violence, especially those with intellectual and psychosocial disabilities, and living in institutions. To combat this long-lasting practice, which perpetuates discrimination, stereotypes, violence and control over the person’s body, forced sterilisation should be specifically addressed by criminal law. Currently, only 9 EU Member States explicitly criminalise forced sterilisation as a distinct offence in their criminal code and at least 13 EU Member States still allow some forms of forced sterilisation in their legislation.1a This points out the divergences and gaps in national legislation and therefore justifies the introduction of the offence of forced sterilisation in this Directive. Specific emphasis should be given to the prior and informed consent of the woman or girl to undergo such procedure, which should not be substituted by the consent of a legal guardian. _________________ 1a https://www.edf- feph.org/content/uploads/2022/09/EDF_F S_0909-accessible.pdf
Amendment 345 #
Proposal for a directive Recital 16 a (new) (16a) In order to address the severe and long-lasting physical and psychological impairments of intersex genital mutilation performed on persons with variations of sex characteristics, also known as intersex persons, this offence should be specifically and adequately addressed in the criminal laws. Non-vital, non- consensual procedures and treatments performed on intersex children assigned female, such as labiaplasties, vaginoplasties, gonadectomies, clitoral “recession” and other forms of clitoral cutting or removal, are specifically based on sexist and misogynistic beliefs aimed at exerting control over intersex girls’ and women’s physical appearance and sexuality. The term "capacity to provide consent" shall be interpreted as the ability to understand the facts, assess the risks and benefits and balance the short- and long-term consequences of the possible choices and make a decision. Member States shall ensure that a minor is deemed capable of providing consent only if all the elements above are assessed to be in place. The term "hormonal treatments" shall be understood as any non- consensual treatments aimed at altering the sex characteristics of the person; it excludes consensual gender affirming hormonal treatments or access to hormone blockers.
Amendment 346 #
Proposal for a directive Recital 16 a (new) (16a) Sexual harassment and harassment related to sex are generally prohibited at the national level in the framework of the implementation of the EU directives on gender equality. However, EU legislation has not proven sufficiently effective to combat these phenomena in practice, in particular with regards to sanctions. If these conducts are not sanctioned under the criminal law, victims will not benefit from the targeted protection that this directive offers. Article 83(2) TFEU allows for the establishment of minimum rules with regard to the definition of criminal offences. If the approximation of criminal laws of the member states proves essential to ensure effective implementation of a Union policy subject to harmonisation measures. The Equality Directives - Directive 2006/54/EC, Directive 2004/113/EC and Directive 2010/41/EU - have harmonized EU law concerning sexual harassment at work and in the provision of and access to goods and services. Considering that it has been found by the Legal Network that the existing provisions requiring Member States to prohibit such harassment and impose sanctions have not ensured an effective implementation of the Union’s policy against sexual harassment, such minimum rules are therefore needed in this area.
Amendment 347 #
Proposal for a directive Recital 16 a (new) (16a) Forced sterilisation is a harmful and exploitative practice that deprives victims of the ability to reproduce sexually and is used as a means of social control. It was originally based on eugenicist assumptions about the value of the lives of those affected and stereotypes about their ability to be parents, especially mothers. Racialised women, notably Romani women and girls with disabilities are particularly vulnerable to such violations, in particular those with intellectual and psychosocial disabilities, as well as those living in institutions. To combat this long- standing practice, which perpetuates discrimination, stereotypes, violence and control over women’s bodies, forced sterilisation should be specifically addressed by criminal law. The provision on forced sterilisation set out in this Directive does not cover medical interventions or surgical procedures which are carried out, for example, with the purpose of assisting a woman by saving her life.
Amendment 348 #
Proposal for a directive Recital 16 a (new) (16a) Sexual exploitation through the prostitution of others is a form of sexual exploitation which has already been recognised as an offence in legal acts of the Union, namely Directives 2011/36/EU and 2011/93/EU. Sexual exploitation through the prostitution of others is a gross violation of a person's right to bodily integrity and implies that both a person and their consent to sexual activity can be purchased for a given sum. Considering the prevalence of prostitution in our societies, fuelled by the trafficking trade, and the difference in law between the Member States, the offence of sexual exploitation through the prostitution of others has a clear cross border dimension, resulting in a need to combat that widespread violence against women on a common basis, which will ensure equal protection throughout the Union.
Amendment 349 #
Proposal for a directive Recital 16 a (new) (16a) Forced marriage is a form of violence against women and girls that entails serious violations of fundamental rights, and in particular of women’s and girls’ rights to physical integrity, physical and mental health, sexual and reproductive health, education, private life, freedom and autonomy. The defining characteristic of forced marriage is the lack of consent of at least one of the two parties. It is a marriage in which (at least) one of the parties is not free to put an end to the marriage or to leave his or her spouse is also a forced marriage. It often involves sexual exploitation.
Amendment 350 #
Proposal for a directive Recital 16 a (new) (16a) Marital captivity refers to a situation in which a person, often a woman, is kept in a marriage, on a religious basis or otherwise, against their will because they are unable to obtain a dissolution of marriage. The consequences for women such as exclusion, stigmatization and prosecution heavily impact their autonomy, self- determination, livelihood and lives. Recognizing marital captivity as a form of gender-based violence will allow for more specialized help and protection as marital captivity often intersects with other forms of gender-based violence, such as violence and rape.
Amendment 351 #
Proposal for a directive Recital 16 a (new) (16a) Deliberately performing surgery which has the purpose or effect of terminating a woman’s ability to naturally reproduce or terminating her pregnancy without her prior and informed free consent must be deemed by Member States to be a criminal offence. Member States should ensure that the prior and informed free consent of a woman to such surgery may not be replaced by the consent of a parent, a legal guardian or a court ruling.
Amendment 352 #
Proposal for a directive Recital 16 a (new) (16a) Neither international law nor European law call for a specific legislative model criminalising any part of sex work. The exploitation of the prostitution of others is already well covered in the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime and in Directive on preventing and combating trafficking in human beings and protecting its victims.
Amendment 353 #
Proposal for a directive Recital 16 a (new) (16a) In order to address the irreparable and lifelong damage forced sterilization has on victims, this offence should be specifically and adequately addressed in Member States' criminal laws.
Amendment 354 #
Proposal for a directive Recital 16 a (new) (16a) Mutilation always and in all cases involves unjustified aggression to the physical integrity and dignity of a person, even when practised in a health context.
Amendment 355 #
Proposal for a directive Recital 16 b (new) (16b) In order to address the severe and long-lasting physical and psychological impairments of intersex genital mutilation performed on persons with variations of sex characteristics, also known as intersex persons, this offence should be specifically and adequately addressed in the criminal laws. Non-vital, non- consensual procedures and treatments performed on intersex children assigned female, such as labiaplasties, vaginoplasties, gonadectomies, clitoral “recession” and other forms of clitoral cutting or removal, are specifically based on sexist and misogynistic beliefs aimed at exerting control over intersex girls’ and women’s physical appearance and sexuality. The term "capacity to provide consent" shall be interpreted as the ability to understand the facts, assess the risks and benefits and balance the short- and long-term consequences of the possible choices and make a decision. Member States shall ensure that a minor is deemed capable of providing consent only if all the elements above are assessed to be in place. The term "hormonal treatments" shall be understood as any non- consensual treatments aimed at altering the sex characteristics of the person; it excludes consensual gender affirming hormonal treatments or access to hormone blockers.
Amendment 356 #
Proposal for a directive Recital 16 b (new) (16b) Forced abortion is a form of violence against women and girls that consists of the intentional termination of pregnancy without the prior and informed consent of the victim. It is a form of harmful practice usually performed on adolescent girls and women who are in a situation of pronounced vulnerability or marginalisation. These girls and women may encounter significant barriers to realising their rights to decide freely on matters affecting their lives, including the right to establish relationships and to decide whether, when, and with whom to have a family.
Amendment 357 #
Proposal for a directive Recital 16 b (new) (16b) Surrogacy is defined as the practice of recruiting a woman, whether for remuneration or not, to bear one or more children, whether or not conceived with her own oocytes, for the purpose of handing them over to a person or persons who wish to be assigned as parents of those children. Reproductive violence, rooted in inequality between women and men and a manifestation of structural discrimination against women, fall within the definition of violence against women of the Istanbul Convention and, as such, should be covered by this draft directive.
Amendment 358 #
Proposal for a directive Recital 16 b (new) (16b) While the right to abortion is a matter for each Member State, a ban on abortion may be a public health issue. When a Member State bans abortion, women, particularly victims of rape or those whose health or life is in danger, are often forced to practise clandestine abortions. Member States must ensure that the right to abortion remains available for such women.
Amendment 359 #
Proposal for a directive Recital 16 c (new) (16c) Sexual harassment is any form of unwanted 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. Victims are predominantly women and perpetrators are predominantly men. Acts of sexual harassment are, typically, carried out in the context of abuse of power, promise of reward or threat of reprisal. Sexual harassment is an extreme form of sexism and has been shown to result in fear, anxiety, shame, anger, reduced productivity, high absenteeism, reduced performance and high staff turnover.
Amendment 360 #
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. 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 361 #
Proposal for a directive Recital 17 (17) It is necessary to provide for harmonised definitions of offences and penalties regarding
Amendment 362 #
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, a
Amendment 363 #
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.
Amendment 364 #
Proposal for a directive Recital 17 (17)
Amendment 365 #
Proposal for a directive Recital 17 (17) It is necessary to provide for harmonised definitions at European and international level of offences and penalties regarding
Amendment 366 #
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
Amendment 367 #
Proposal for a directive Recital 17 a (new) (17a) "Cyber violence” means any act of violence against women, domestic violence, and/or any act of violence covered by this Directive that is committed, assisted or aggravated in part or fully by the use of information and communication technologies; online violence against women is understood as any act of gender-based cyber violence against women.
Amendment 368 #
Proposal for a directive Recital 17 a (new) (17a) Offences and penalties must not be defined solely by certain groups under the pretext of fashionable cultural constructs that are asserted to be true, or the influence of pressure groups.
Amendment 369 #
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. 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
Amendment 370 #
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. 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
Amendment 371 #
(18) The use of information and communication technologies, which is growing rapidly at European and global level, 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. 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 372 #
Proposal for a directive Recital 18 (18) The use of information and communication technologies bears the risk of easy, fast and wide-spread
Amendment 373 #
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
Amendment 374 #
Proposal for a directive Recital 19 (19) Especially due to its tendency for
Amendment 375 #
Proposal for a directive Recital 19 (19)
Amendment 376 #
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 sharing and 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 sharing and 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 imitates intimate images or 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
Amendment 377 #
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 producing and/or making accessible of intimate images or videos and material that depict sexual activities, to
Amendment 378 #
Proposal for a directive Recital 19 a (new) (19a) The increase in the volume of pornographic content online and the increased accessibility of such content has highlighted violence against women in the pornography industry. Any non- consensual act that takes place during filming and is committed against an actress is reprehensible. The selling of sexual services cannot justify abuse during filming. Member States are urged to legislate to ensure that consent to certain sexual practices must have been expressed in advance of the filming and may be withdrawn at any time up until the end of filming. The pornography industry should put procedures in place to ensure that the actresses have given their consent, such as by facilitating evidence gathering at filming locations.
Amendment 379 #
Proposal for a directive Recital 19 a (new) (19a) The pornography industry and online commercial exploitation of the explicit representation of non-simulated sexual practices should be banned or discouraged in all Member States in view of the effects that the industry of pornography has on trivialising and perpetuating sexual violence against women and girls, the commodification of women’s bodies, the and harmful gender- stereotypes.
Amendment 380 #
Proposal for a directive Recital 19 b (new) (19b) The accessibility and proliferation of sexual or pornographic content have a significant impact on children. Confronted with traumatic images on the internet, particularly on social media or messaging apps, children often develop psychological problems or are traumatised. In addition, overexposure to content of this kind, which is often young people’s only reference point for sexual relations, leads to a twisted and violent picture of sexuality. It is therefore vital to put measures in place to check the age of online users and to effectively block access by minors to platforms disseminating pornographic content.
Amendment 381 #
Proposal for a directive Recital 20 (20) Cyber stalking is a modern form of violence which is often perpetrated against family members or persons living in the same household, but also perpetrated by ex-partners or acquaintances. Typically, technology is misused by the offender to proceed to intensify coercive and controlling behaviour, manipulation and surveillance, thereby increasing the victim’s fear, anxiety and gradual isolation from friends and family. Therefore, minimum rules on cyber stalking should be established. The offence of cyber stalking should cover the continuous surveillance of the victim without their consent or legal authorisation by means of information and communication technologies. This might be enabled by processing the victim’s personal data, such as through identity theft or the spying out of such data on their various social media or messaging platforms, their emails and phone, stealing passwords or hacking their devices to access their private spaces, via the installation of geo-localisation apps, including stalkerware, or via stealing their devices. Furthermore, stalking should cover the monitoring of victims, without that person’s consent or authorisation, via technology devices connected through the Internet of Things, such as smart home appliances. Cyber harassment should include all types of explicit sexualised attacks, such as rape threats or description of sexual acts, that come with the intention to humiliate, intimidate and silence the victims.
Amendment 382 #
Proposal for a directive Recital 20 (20) Cyber stalking is a modern form of violence which is often perpetrated against family members or persons living in the same household, but also perpetrated by ex-partners or acquaintances, and it is becoming increasingly common amid the rapid development of new technologies and applications. Typically, technology is misused by the offender to proceed to intensify coercive and controlling behaviour, manipulation and surveillance, thereby increasing the victim’s fear, anxiety and gradual isolation from friends and family. Therefore, minimum rules on cyber stalking
Amendment 383 #
Proposal for a directive Recital 20 (20) Cyber stalking is a modern form of violence which is often perpetrated against family members or persons living in the same household, but also perpetrated by ex-partners or acquaintances. Typically, technology is misused by the offender to proceed to intensify coercive and controlling behaviour, manipulation and surveillance, thereby increasing the victim’s fear, anxiety and gradual isolation from friends and family. Therefore, minimum rules on cyber stalking should be established. The offence of cyber stalking should cover the continuous surveillance of the victim without their consent or legal authorisation by means of information and communication technologies. This might be enabled by processing the victim’s personal data, such as through identity theft or the spying out of such data on their various social media or messaging platforms, their emails and phone, stealing passwords
Amendment 384 #
Proposal for a directive Recital 20 (20) Cyber stalking is a modern form of violence which is often perpetrated against family members or persons living in the same household, but also perpetrated by
Amendment 385 #
Proposal for a directive Recital 20 (20) Cyber stalking is a modern form of violence which is often perpetrated against family members or persons living in the same household, but also perpetrated by ex-partners or acquaintances. Typically, technology is misused by the offender to
Amendment 386 #
Proposal for a directive Recital 21 (21) Minimum rules concerning the offence of cyber harassment should be laid down to counter initiating an attack
Amendment 387 #
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 end-users. Such broad attacks, including coordinated online mob attacks, may morph into offline
Amendment 388 #
Proposal for a directive Recital 21 (21) Minimum rules concerning the offence of cyber harassment should be laid down to counter initiating an attack conducted publicly or with third parties, or participating in such an attack, directed at another person, by making threatening or insulting material accessible to
Amendment 389 #
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
Amendment 390 #
Proposal for a directive Recital 22 (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.
Amendment 391 #
Proposal for a directive Recital 22 (22) The
Amendment 392 #
Proposal for a directive Recital 22 (22) The increase in internet and social
Amendment 393 #
Proposal for a directive Recital 22 (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
Amendment 394 #
Proposal for a directive Recital 22 (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
Amendment 395 #
Proposal for a directive Recital 23 (23) The offence of cyber incitement to violence or hatred presupposes that the
Amendment 396 #
Proposal for a directive Recital 23 (23) The offence of cyber incitement to violence or hatred presupposes that the incitement is not expressed in a purely private context, but publicly through the use of information and communication technologies. Therefore, it should require dissemination to the public, which should be understood as entailing the making accessible, through information and communications technologies, of a given item of material inciting to violence or hatred to a potentially unlimited number of persons, namely making the material easily accessible to users in general, without requiring further action by the person who provided the material, irrespective of whether those persons actually access the information in question. Accordingly, where access to the material requires registration or admittance to a group of users, that information should be considered to be disseminated to the public only where users seeking to access the material are automatically registered or admitted without a human decision or selection of whom to grant access. In assessing whether material qualifies as amounting to incitement to hatred or violence, the competent authorities should take into account the fundamental rights to freedom of expression as enshrined in Article 11 of the Charter as well as the criteria of the UN Rabat Plan for Action, especially, the social and political context of the message, status of the speaker, content and form of the speech act, intent, the likelihood of harm, including imminence. The assessment should be carried out on a case-by-case basis.
Amendment 397 #
Proposal for a directive Recital 23 a (new) (23a) A gender-sensitive perspective must be adopted for the implementation and evaluation of this Directive. A gender sensitive perspective means the structural understanding of the roots of violence against women and domestic violence, as a systemic phenomenon, and a result of pervasive inequality and discrimination against women which provides a breeding ground for tolerance towards violence against women. Any measures taken to prevent and combat violence against women need to promote equality between women and men as only substantive equality will prevent such violence in the future. Gender-sensitive policies, including gender-sensitive prevention programmes and protection services must take into account the root causes of this type of violence and also the specific context in which it takes place: the perpetrator-victim relationship, the role of (concealed) power, coercion and control throughout the process of violence, and the distinct consequences and impact of violence on women. This perspective should be incorporated in all protocols, guidelines and procedures system-wide for all frontline services. Specialist services referred hereafter are those that adopt and have expertise in applying this structural perspective. Gender-neutral approaches to preventing and combating violence against women and domestic violence shall be avoided.
Amendment 398 #
Proposal for a directive Recital 23 a (new) (23a) Young people and children are increasingly connected at earlier age, and women and girls are at greater risk of encountering, being subjected to or targeted by cyber violence, involving new technologies. Gender-based violence can be perpetuated with greater ease and at greater scale online, using a range of online communications channels and tools, including social media, web content, discussion sites, dating websites, comment sections, and gaming chat rooms. The root causes of gender-based violence must be addressed. Common digital design features, either alone or in combination, can contribute to the replication of existing discriminatory practices and stereotypes, to the normalisation of gender-based violence, with a particular impact on norm creation in childhood.
Amendment 399 #
Proposal for a directive Recital 23 a (new) (23a) Member States shall include a gender-sensitive perspective in the implementation and evaluation of this Directive. A gender sensitive perspective means the structural understanding of the roots of violence against women and domestic violence, as a systemic phenomenon, and a result of pervasive inequality and discrimination against women which provides a breeding ground for tolerance towards violence against women. Gender neutral approaches to violence against women and domestic violence put at risk the safety of women and children victims.
Amendment 400 #
Proposal for a directive Recital 24 (24) According to an EU-wide FRA survey in 2014, 67% of women did not report partner violence to the police or any other organisation. Victims should be able to report crimes of violence against women or domestic violence easily without being subject to secondary or repeat victimisation, especially those with disabilities and living in institutions, including through the use of Braille and sign language. To this end, Member States should provide the possibility to submit complaints online or through other accessible and secure 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. Victims should have access to legal aid and assistance, free of charge and in a language they can understand, when reporting criminal offences and during judicial proceedings.
Amendment 401 #
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 also provide the possibility to submit complaints online or through other information and communication technologies for the reporting of such crimes
Amendment 402 #
Proposal for a directive Recital 24 (24) Victims should be able to report crimes of
Amendment 403 #
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 in addition to in-person reporting 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 404 #
Proposal for a directive Recital 24 (24) Victims should be able to report
Amendment 405 #
Proposal for a directive Recital 25 (25) In the case of domestic violence and
Amendment 406 #
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
Amendment 407 #
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
Amendment 408 #
Proposal for a directive Recital 25 (25) In the case of domestic violence
Amendment 409 #
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 also when they are witness of violence, given the long-lasting detrimental consequences it has on children, 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 410 #
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, including child witnesses of violence in this Directive, 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 411 #
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
Amendment 412 #
Proposal for a directive Recital 25 a (new) (25a) It is important that Member States recognise the reality of forced marriages, marital captivity and even child marriages, which are particularly prevalent in certain communities. Such marriages are often first and foremost religious marriages. These marriages are often, but not always, legally recognised by their country of residence. Women and girls who find themselves trapped in such situations are particularly vulnerable to rape, sexual assault and other forms of violence against women. When these women and girls try to escape their situation, they are extremely vulnerable to domestic violence and other forms of violence, including so called "honour killings". It is important that sexual violence taking place in such situations is adequately recognised as rape or sexual assault, that the context is recognised as aggravating circumstance and that appropriate protection is offered to the victims.
Amendment 413 #
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 specialised competent authorities in
Amendment 414 #
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, paying special attention to child’s vulnerability.
Amendment 415 #
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,
Amendment 416 #
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. To that end, specialist courts are better placed to achieve this and to protect victims and child witnesses of violence against women.
Amendment 417 #
Proposal for a directive Recital 27 (27) Delays in processing complaints of violence against women and domestic
Amendment 418 #
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. The fact that the victim has complained and/or intends to leave the relationship can mean increased danger for the victim. Therefore, the competent authorities should have the sufficient expertise and effective investigative tools to investigate and prosecute such crimes.
Amendment 419 #
Proposal for a directive Recital 27 (27) Delays in processing complaints of
Amendment 420 #
Proposal for a directive Recital 28 (28) Victims of domestic violence and
Amendment 421 #
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 or sexual violence, where the rate of recidivism tends to be high. Therefore, an individual assessment to identify the victim’s protection
Amendment 422 #
Proposal for a directive Recital 28 (28) Victims of domestic violence and
Amendment 423 #
Proposal for a directive Recital 28 (28) Victims of domestic violence and violence against women are typically in need of immediate protection
Amendment 424 #
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 rights, safety and needs providing tailored protection and support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include any substance abuse by the victim or the offender, the victim’s disabilities, the victim’s pregnancy
Amendment 425 #
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 rights, safety and needs, and providing tailored protection and support, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring special attention could include any substance abuse by the victim or the perpetrator, the victim’s disabilities, the victim’s
Amendment 426 #
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 as well as the safety of other potential victims, such as children and other dependants, 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 dependence on or relationship to the offender, victim´s disability or disability of their dependants.
Amendment 427 #
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 and vulnerability of the victim. Such circumstances requiring special attention could include the victim’s pregnancy, her material circumstances, her physical and mental health, or the victim’s dependence on or relationship to the offender.
Amendment 428 #
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 dependence on or relationship to the offender, or children who are at risk of becoming victims of the violence.
Amendment 429 #
Proposal for a directive Recital 29 (29) When assessing the victim’s protection, medical and support needs, the primary concern should lie in safeguarding the victim’s rights, safety and providing tailored protection and support, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring special attention could include the victim’s parenthood, pregnancy or the victim’s dependence on or relationship to the offender.
Amendment 430 #
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 431 #
Proposal for a directive Recital 30 (30) In order to ensure comprehensive and appropriate support and protection to victims, a standardised approach to risk assessment that promotes a shared understanding of risk across the system, and a common language to communicate risk, must be adopted. All competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, such as specialised courts or sections for domestic violence cases, should be involved in assessing the risks for victims and appropriate support and protection measures on the basis of gender-sensitive and culturally competent risk assessment protocols and clear guidelines issued by the Member States. Such guidelines should include factors to be taken into consideration when assessing the risk emanating from the specificities of the forms of violence covered in this Directive, including coercive control mechanisms and from the offender or suspect, including the consideration that suspects charged with minor offences are as likely to be dangerous as those charged with more severe offences, especially in cases of domestic violence, harassment and stalking. Specialized training for frontline professionals on the use of risk assessment tools should be mandatory. The assessment should be revised at important junctures in the process, such as the commencement of a court case, the handing down of a judgment or discussions as to the revision of custody arrangements.
Amendment 432 #
Proposal for a directive Recital 30 (30) In order to ensure comprehensive support and protection to victims, a standarised approach to risk assessment that promotes a shared understanding of risk across the system should be adopted. All competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, should be involved in assessing the risks for victims and appropriate support measures on the basis of
Amendment 433 #
Proposal for a directive Recital 30 (30) In order to ensure comprehensive, appropriate and tailored support and protection to victims, a standardised approach to risk assessment that promotes shared understanding of risk across the system, and a common language to communicate risk, should be adopted. All
Amendment 434 #
Proposal for a directive Recital 30 (30) In order to ensure comprehensive and appropriate support and protection to victims, a standardised approach to risk assessment that promotes a shared understanding of risk across the system, and a common language to communicate risk, must be adopted. All competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, should be involved in assessing the risks for victims and appropriate support measures on the basis of
Amendment 435 #
Proposal for a directive Recital 30 (30) In order to ensure comprehensive support and protection to victims, all competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, should be involved in assessing the risks for victims and appropriate support
Amendment 436 #
Proposal for a directive Recital 30 (30) In order to ensure comprehensive support and protection to victims, all competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, should be involved in assessing the risks for victims and appropriate support measures on the basis of clear guidelines issued by the Member States. Such guidelines should include factors to be taken into consideration when assessing the risk emanating from the offender or suspect, including the consideration that suspects charged with minor offences are as likely to be dangerous as those charged with more severe offences, especially in cases of domestic violence and stalking. Guidelines should promote common standardised approach to risk assessment and common language to communicate about the risks across different bodies.
Amendment 437 #
Proposal for a directive Recital 30 (30) In order to ensure comprehensive support and protection to victims, all
Amendment 438 #
Proposal for a directive Recital 30 a (new) (30a) The individual assessment should be updated 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
Amendment 439 #
Proposal for a directive Recital 31 (31) Due to their vulnerability to secondary and repeat victimisation, to intimidation and to retaliation, and the fact that they suffer emotional harm that prejudices their development, the victim’s children should receive the same protection measures as those accorded to the victim. Other persons dependant on the victim, such as adults with disabilities or older dependant adults for whom the victim provides care, may experience similar emotional harm and should thus be accorded the same protection measures. Cases of so-called parental alienation syndrome and similar concepts and terms, which are generally based on gender stereotypes, are a form of secondary victimisation by blaming mothers for their children’s ‘alienation’ from their father, calling into question victims’ parental skills, disregarding the children’s testimony and the risks of violence to which their children are exposed, and jeopardising the rights and safety of the mother and children;
Amendment 440 #
Proposal for a directive Recital 31 (31) Due to their vulnerability to secondary and repeat victimisation, to intimidation and to retaliation, and the fact that they suffer emotional harm that prejudices their development, the victim’s children should receive the same protection measures as those accorded to the victim. Other persons dependant on the victim, such as adults with disabilities or older dependant adults for whom the victim
Amendment 441 #
Proposal for a directive Recital 31 (31) Due to their vulnerability to secondary and repeat victimisation, to intimidation and to retaliation, and the fact that they suffer emotional harm that prejudices their development, the victim’s children should receive the same protection measures as those accorded to the victim. The incidents of violence should be taken into account and the safety of the child prioritized over parental responsibilities and Member States should ensure that the competent authorities are trained to identify vicarious violence. Other persons dependant on the victim, such as adults with disabilities or older dependant adults for whom the victim provides care, may experience similar emotional harm and should thus be accorded the same protection measures.
Amendment 442 #
Proposal for a directive Recital 31 (31) Due to their vulnerability to secondary and repeat victimisation, to intimidation and to retaliation, and the fact that they suffer emotional harm that prejudices their development, the victim’s children should receive the same protection measures as those accorded to the victim. Other persons dependant on the victim, such as adults with disabilities or older dependant adults for whom the victim provides care, may experience similar emotional harm and should thus be accorded the same protection measures, either those granted by public authorities or with the support of non-governmental organisations working in the field.
Amendment 443 #
Proposal for a directive Recital 32 (32) Victims of violence against women and domestic violence are often in need of specific support and medical care, including sexual and reproductive health care. To ensure they effectively receive offers of support, the competent authorities should immediately refer victims to appropriate support and medical care services. This should in particular be the case where an individual assessment has found particular support or medical needs of the victim. In that case, support services should be able to reach out to the victim even without the victim’s consent but with due regard to the victim's safety. However, due caution should be exercised in that regard because a victim could be put in danger if support services reach out to the victim without the victim's consent, for instance if the victim lives with a controlling offender. That also risks further isolating victims from support due to fear. For the processing of related personal data by competent authorities,
Amendment 444 #
Proposal for a directive Recital 32 (32) Victims of
Amendment 445 #
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 support services. This should in particular be the case where an individual assessment has found particular support needs of the victim. In that case, support services should be able to reach out to the victim even without the victim’s consent, taking into consideration victim’s needs and preventing any further or secondary victimisation. The first agency the victim contact shall inform them about further support agencies, which could provide support tailored to their need. For the processing of related personal data by competent authorities, Member States should ensure that it is based on law, in accordance with Article 6(1)(c) read in conjunction with Article (6)(2) and (3) of Regulation (EU) 2016/679 of the European Parliament and of the Council41 . Such laws should include appropriate personal data safeguards that respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the individuals. Where competent authorities transfer victims’ personal data to support services for victims’ referral, they should ensure that the data transferred is limited to what is necessary to inform the services of the circumstances of the case, so that victims receive appropriate support and protection.
Amendment 446 #
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 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
Amendment 447 #
Proposal for a directive Recital 32 (32) Victims of violence against women and domestic violence are often in need of specific support and medical care, including sexual and reproductive health care. To ensure they effectively receive offers of support, the competent authorities should refer victims to appropriate support services. This should in particular be the case where an individual assessment has found particular support needs of the victim. In that case, support services should be able to reach out to the victim even without the victim’s consent. 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
Amendment 448 #
Proposal for a directive Recital 32 (32) Victims of violence against women and domestic violence are often in need of specific
Amendment 449 #
Proposal for a directive Recital 32 a (new) (32a) Taking into account the existing link and the concurrence between animal abuse and interpersonal violence including domestic and gender-based violence and child abuse, protective measures should extend to companion animals; and address violence against companion animals exercised as a form of violence or psychological abuse. Further considering the emotional support provided by these animals to the victims of violence, and the high risk of coercion and control arising from situations in which the animal would stay with the abuser, appropriate accommodation arrangements should be provided to both companion animals and the victims of violence.
Amendment 450 #
Proposal for a directive Recital 32 a (new) (32a) Relevant authorities and specialised services should ensure the provision of coordinated protection and support measures.
Amendment 451 #
Proposal for a directive Recital 32 b (new) (32b) Ensuring the presence of specialised staff within Member States’ law enforcement authorities, prosecutors and judicial authorities is of great importance. The establishment of specialist courts or chambers and the designation of specialised prosecutors on violence against women and domestic violence should be encouraged as another option for Member States to ensure a holistic approach to combat these offences.
Amendment 452 #
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, including the introduction of an obligation to wear an electronic ankle tag in the event of reoffending.
Amendment 453 #
Proposal for a directive Recital 33 (33) Member States should take the
Amendment 454 #
Proposal for a directive Recital 33 (33) Member States should take the necessary measures to ensure the swift availability of emergency barring, restraining and protection orders to ensure effective and rapid protection of victims and their dependants.
Amendment 455 #
Proposal for a directive Recital 33 (33) Member States should
Amendment 456 #
Proposal for a directive Recital 33 a (new) (33a) Any barring order must be based on a formal complaint duly accompanied by evidence of the alleged criminal act. Victim protection measures must always be taken, in all cases.
Amendment 457 #
Proposal for a directive Recital 34 (34) Member States should ensure that emergency barring orders may be issued in situations of immediate danger, such as where harm is imminent or has already materialised and is likely to be inflicted again on the victims or their dependants.
Amendment 458 #
Proposal for a directive Recital 35 (35) Protection orders may include prohibiting the offender or suspect to access certain localities
Amendment 459 #
Proposal for a directive Recital 35 (35) Protection orders may include prohibiting the offender or suspect to access certain localities, places or defined areas where the protected person resides or visits; to approach the victim or dependant, including companion animals, closer than a prescribed distance or to contact them, including through the use of online interfaces and to possess firearms or deadly weapons
Amendment 460 #
Proposal for a directive Recital 35 (35)
Amendment 461 #
Proposal for a directive Recital 35 a (new) (35a) Restraining and protection orders should be adopted whenever the situation of risk to the victim makes it advisable, regardless of whether the victim has filed a complaint. Member States should encourage the use of electronic monitoring to ensure the enforcement of restraining and protection orders.
Amendment 462 #
Proposal for a directive Recital 35 a (new) (35a) Member States should mobilise adequate resources, in terms of both material items (electronic tracking ankle bracelets, emergency telephones, etc.) and staff, to ensure that such protection orders are effective.
Amendment 463 #
Proposal for a directive Recital 36 (36) In order to safeguard the effectiveness of emergency barring, restraining and protection orders, breaches of such orders should be subject to penalties. Those penalties can be of a criminal law or other legal nature and may include prison sentences, fines or any other legal penalty that is effective, proportionate and dissuasive. Member States should ensure that in situations in which barring, restraining, and protection orders are issued, offenders shall be informed and encouraged to voluntarily enrol in specialised programmes addressing offenders’ violent behaviour.
Amendment 464 #
Proposal for a directive Recital 36 (36) In order to safeguard the effectiveness of emergency barring, restraining and protection orders, breaches of such orders should be subject to penalties. Those penalties can be of a criminal law or other legal nature and may include prison sentences, fines or any other legal penalty that is effective, proportionate and dissuasive. It is essential that victims are informed of any breach of protection orders. As this can increase risks and the need of further protection to be put in place, a renewed assessment shall immediately be made after a documented breach.
Amendment 465 #
Proposal for a directive Recital 36 (36) In order to safeguard the effectiveness of emergency barring, restraining and protection orders, breaches of such orders should be subject to effective, proportionate and dissuasive penalties. Those penalties can be of a criminal law or other legal nature
Amendment 466 #
Proposal for a directive Recital 36 a (new) Amendment 467 #
Proposal for a directive Recital 37 (37)
Amendment 468 #
Proposal for a directive Recital 37 (37) Presenting evidence of past sexual
Amendment 469 #
Proposal for a directive Recital 37 (37) Presenting evidence of past sexual history or behaviour to challenge the credibility and lack of consent of victims in sexual violence cases, especially rape cases, may reinforce the perpetuation of damaging stereotypes of victims and lead to repeat or secondary victimisation. Therefore, without prejudice to the rights of defence, questions, enquiries and evidence concerning past sexual hisotry or conduct of the victim should not be permitted in criminal investigations and court proceedings.
Amendment 470 #
Proposal for a directive Recital 37 a (new) (37a) Any form of evidence, whether past, present or future, that might clarify the nature of the criminal acts should be permitted, without prejudice to the requisite discretion requiring the privacy and dignity of the person concerned to be maintained.
Amendment 471 #
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, 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
Amendment 472 #
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 specialised national bodies. Given their expertise in matters of discrimination on grounds of sex, national
Amendment 473 #
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, 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,
Amendment 474 #
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 trained specialist services and designated bodies. Given their expertise in matters of discrimination on grounds of sex, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43 and 2010/41/EU44 of the European Parliament and of the Council, are well placed to fulfil these tasks. Such bodies should in addition have legal standing to act on behalf or in support of victims of all forms of violence against women or domestic violence in judicial proceedings, including for the application for compensation and removal of online illegal content and securing of evidence, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodies to effectively carry out their tasks, Member States should ensure that they are provided with sufficient human and financial resources.
Amendment 475 #
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, 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
Amendment 476 #
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, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43 and 2010/41/EU44 of the European Parliament and of the Council, are well placed to fulfil these tasks. Such bodies should in addition have legal standing to act on behalf or in support of victims of all forms of violence against women or domestic violence in judicial proceedings, including for the application for compensation and removal of online illegal content and securing of evidence, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodies to effectively carry out their tasks, Member States should ensure that they are provided with sufficient human and financial resources. _________________ 42 Council Directive 2004/113/EC of 13
Amendment 477 #
Proposal for a directive Recital 38 (38) Given the complexities and gravity of offences of
Amendment 478 #
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 and gender, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43
Amendment 479 #
(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
Amendment 480 #
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
Amendment 481 #
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
Amendment 482 #
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
Amendment 483 #
Proposal for a directive Recital 40 (40) Those measures should include, in particular, empowering national judicial authorities to issue orders to providers of
Amendment 484 #
Proposal for a directive Recital 40 (40) Those measures should include, in particular, empowering national judicial authorities to issue orders to providers of intermediary services to remove, or also to disable access to, one or more specific items of the material in question. Those orders should be issued upon a sufficiently reasoned and substantiated request of the victim. Considering the speed with which such material can spread online and the time it can take to complete criminal proceedings against the persons suspected of having committed the relevant offences, it is necessary for the effective protection of the victims’ rights to provide for the possibility of issuing, subject to certain
Amendment 485 #
Proposal for a directive Recital 41 (41) Any such measures to remove or disable access, including in particular such orders, are liable to affect the right and interests of other parties than the victims, such as the persons providing the material, the
Amendment 486 #
Proposal for a directive Recital 41 a (new) (41a) Providers of online platforms, including very large online platforms, in particular those primarily used for the dissemination to the public of pornographic content, should diligently meet all their obligations under EU law taking into account an intersectional approach, in respect of illegal content constituting cyber violence under this Directive, especially with regard to ensuring that victims can effectively exercise their rights in relation to content representing non-consensual sharing of intimate or manipulated material through the rapid processing of notices and removal of such content without undue delay.
Amendment 487 #
Proposal for a directive Recital 42 (42) The provisions of this Directive on
Amendment 488 #
Proposal for a directive Recital 43 (43) Considering the potential importance of material that may be the object of the orders or other measures taken under this Directive to remove or disable access thereto for investigating or prosecuting the relevant offences under criminal law, the necessary measures should be taken to allow the competent authorities to obtain or secure such material, for the purpose of providing evidence, where necessary. Those measures could consist, for example, of requiring relevant
Amendment 489 #
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 costs for healthcare services, including sexual and reproductive and psychological health services, rehabilitation, therapy costs, impact on the victim’s employment situation, loss of earnings, psychological damages, and moral prejudice due to the violation of dignity.
Amendment 490 #
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 change of employment or finding new schools for children or even creating a new identity. 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 491 #
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, medical 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, in particular of domestic violence and cyber violence, 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 of victims.
Amendment 492 #
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
Amendment 493 #
Proposal for a directive Recital 44 a (new) (44a) Any procedural provision must comply with and not infringe the legal principles enshrined in the legislation of Member States.
Amendment 494 #
Proposal for a directive Recital 45 (45) Assistance and support to victims of violence against women and domestic violence should be made available and provided before, during and for an appropriate period after the
Amendment 495 #
Proposal for a directive Recital 45 (45) Assistance and support to victims of violence against women and domestic violence should be provided regardless of the victim's will to file a complaint, as well as 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 496 #
Proposal for a directive Recital 45 (45) Assistance and support to victims of violence against women and domestic violence should be provided
Amendment 497 #
Proposal for a directive Recital 45 (45) Assistance and support to victims of violence against women and domestic violence should be provided before, during and
Amendment 498 #
Proposal for a directive Recital 45 (45)
Amendment 499 #
Proposal for a directive Recital 45 (45)
Amendment 500 #
(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, sexual harassment and of various forms of cyber violence. Such specialised support services shall be distributed in an adequate manner in sufficient volume in each Member State. They shall be organised in the form of one-stop shops, in which it is possible, in a single location, to carry out in particular the urgent placing of a victim in a shelter, putting a care pathway in place, pre-drafting a protection order, allocating protection tools, carrying out a change of legal address, opening a bank account, contacting social services or assisting a victim in obtaining employment. If these are not in a single location, the specialised support services shall be coordinated through a central contact point or single online access to these services. The data and measures taken shall be stored on the platform set up by each Member State pursuant to Article 35a of this Directive.
Amendment 501 #
Proposal for a directive Recital 46 (46) Specialised support services should provide support, advice and information on any relevant legal and practical matters as well as referrals to medical forensic examinations and comprehensive healthcare services to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence. All services and assistance should be organised and geographically distributed in such a way as to ensure reasonable distances and capacity for victims, with particular attention to rural and remote areas.
Amendment 502 #
Proposal for a directive Recital 46 (46) Specialised support services should provide support and ensure medical care to victims of all forms of violence against women and domestic violence, including sexual exploitation, sexual violence, female and intersex genital mutilation and other harmful practices, forced marriage, surrogacy, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
Amendment 503 #
(46)
Amendment 504 #
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, intersex genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
Amendment 505 #
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, marital captivity, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
Amendment 506 #
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, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
Amendment 507 #
Proposal for a directive Recital 47 (47) Specialist support should offer victims support, including medical care, tailored to their specific needs, and irrespective of any official complaint. Such services
Amendment 508 #
Proposal for a directive Recital 47 (47) Specialist support should offer victims support tailored to their specific
Amendment 509 #
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
Amendment 510 #
Proposal for a directive Recital 47 (47) Specialist support should offer victims support tailored to their specific needs, free of charge, available round the clock (24/7), and irrespective of any official complaint. Such services could be provided in addition to
Amendment 511 #
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
Amendment 512 #
Proposal for a directive Recital 47 a (new) (47a) The EU budget should provide complementary funding to ensure a high level of protection for victims of violence, including through sufficient resources in dedicated funding programs and through the promotion of innovative solutions to improve the quality and accessibility of the needed services; the relevant program(s) under next the 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.
Amendment 513 #
Proposal for a directive Recital 47 a (new) (47a) Special attention, funding and support should be given to gender-specific services established to protect and empower women survivors of intimate partner violence and sexual violence and their children and are tailored to their specific immediate and longer-term needs.
Amendment 514 #
Proposal for a directive Recital 47 b (new) (47b) Evidence suggests that the establishment of safe spaces, in particular single gender safe spaces, both online and offline, helps to reduce risks and prevent further harm during acute emergency responses. These spaces provide people with a safe entry point for life-saving services and a place to access information. Safe gathering points also offer them an opportunity to engage with each other, build important connections, solidarity and support with others, especially those in similar situations, exchange information, and rebuild community networks and support. Safe spaces can be a key way of building social assets of marginalised groups including women and girls, racialised communities, people with disabilities and LGBTIQ people, amongst others. Member states should endeavour to provide appropriate resources to promote the continuation and establishment of such safe spaces, especially those with the goal of empowering and uplifting women and girls in all their intersectional diversity.
Amendment 515 #
Proposal for a directive Recital 48 (48) Victims of domestic violence and violence against women typically have multiple protection and support needs. In order to address these effectively, Member States sh
Amendment 516 #
Proposal for a directive Recital 48 (48) Victims of
Amendment 517 #
Proposal for a directive Recital 48 (48) Victims of domestic violence and violence against women typically have multiple protection, medical 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. Member States should take the necessary measures to avoid any discrimination in the access to those services, particularly regarding technological and geographical barriers.
Amendment 518 #
Proposal for a directive Recital 48 (48) Victims of domestic violence and violence against women typically have multiple protection and support needs. In order to address these effectively, Member States should provide such services at the same premises, or, alternatively, have such services
Amendment 519 #
Proposal for a directive Recital 48 (48) Victims of domestic violence and violence against women 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, such as those set out in annex I of Directive (EU) 2019/882 on the accessibility requirements for products and services.
Amendment 520 #
Proposal for a directive Recital 48 (48) Victims of domestic violence and violence against women 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 and ensure greater protection of victims’ personal data.
Amendment 521 #
Proposal for a directive Recital 48 a (new) (48a) It should be possible, through the website and app, to access all relevant information and available support and protection services (one-stop online access). The website and app should be regularly updated, and should comply with requirements regarding accessibility, particularly for people with disabilities, and should be available in all EU official languages.
Amendment 522 #
Proposal for a directive Recital 48 b (new) (48b) Member States should ensure that national helplines are operated under the EU-harmonised number [116016]. The EU harmonised telephone number shall be introduced in parallel with any other existing national number. Member States must use all the means available to them to widely advertise this number as a public number, free of charge and available round-the-clock. The helpline must be available to victims, their friends and family and also perpetrators of violence. The support provided should include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police. Perpetrators of violence should be referred to a specialist service.
Amendment 523 #
Proposal for a directive Recital 48 c (new) (48c) Member States should set up a national platform for individual monitoring and assessment of the risks faced by victims. The specialist support services and professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, providers of victim support services, healthcare professionals and social services, shall ensure that the data entered on the platform is of high quality. They shall create or update the file regularly and rapidly with all the elements relevant to the situation of the victim, the perpetrator of violence, any measure taken in compliance with Chapters 3 or 4 of this Directive and any information required that is of interest for the victim’s individual file. The platform shall make it possible to address the victim’s needs in a comprehensive and tailored manner and to establish the degree of risk faced, taking into account the data entered, along the lines of the VioGén system developed in Spain. Access by professionals to the file shall be confined to what is strictly necessary, in order to protect the victim’s privacy.
Amendment 524 #
Proposal for a directive Recital 49 (49)
Amendment 525 #
Proposal for a directive Recital 49 (49) Specialist support services, including shelters
Amendment 526 #
Proposal for a directive Recital 49 (49) Specialist support services, including shelters, homes for mothers and small children and for pregnant women, 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 tend to surge. Member States and local authorities should ensure that there is an appropriate number per capita of these crisis intervention centres, providing 24-hour support for victims of violence.
Amendment 527 #
Proposal for a directive Recital 49 (49) Specialist support services for victims, 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 tend to surge. These services should be appropriate and fully accessible for girls and women with disabilities. Specialised court accompaniment and legal assistance must be available and offered to all victims during criminal and civil proceedings.
Amendment 528 #
Proposal for a directive Recital 49 (49) Specialist support services, including shelters and rape crisis centres,
Amendment 529 #
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 tend to surge, and they should be fully accessible for girls and women with disabilities.
Amendment 530 #
Proposal for a directive Recital 49 a (new) (49a) Whereas urgent support needs for victims of sexual violence include essential medical care, including sexual and reproductive health care such as emergency contraception, screening and post-exposure prophylaxis for STIs and HIV, and safe and legal abortion. EU Member States must guarantee access to essential sexual and reproductive health care to all victims in order to limit further harm and to ensure victims receive reparations and rehabilitation. Whereas being forced to continue a pregnancy resulting from rape is a violation of human rights, including a form of gender-based violence and a violation of the right to freedom from torture or cruel, inhuman and degrading treatment or punishment.
Amendment 531 #
Proposal for a directive Recital 49 a (new) (49a) EU Member States must guarantee access to essential sexual and reproductive health care to all victims in order to limit further harm and to ensure victims receive reparations and rehabilitation. These essential services shall meet the urgent support needs for victims of sexual violence including essential medical care, sexual and reproductive health care such as emergency contraception, screening and post-exposure prophylaxis for STIs and HIV, and safe and legal abortion care.
Amendment 532 #
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
Amendment 533 #
Proposal for a directive Recital 50 (50) The traumatic nature of sexual violence, including rape, requires a
Amendment 534 #
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
Amendment 535 #
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 on a 24-hour basis in sufficient numbers and adequately spread over the territory of each Member State, and should be ready to provide short-term, medium-term and long-term assistance. 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 536 #
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
Amendment 537 #
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, and 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 538 #
Proposal for a directive Recital 50 a (new) (50a) In implementing this Directive, Member States should take into consideration that by ensuring a worker`s entitlement to paid leave from work, they entitle the victim an opportunity to take care of various issues related to the abuse and allow them to enforce their rights, whilst protecting them from labour market expulsion at the same time. In implementing this Directive, the Member States should use an opportunity to promote and encourage the abovementioned policies, aligned with the aims of the adopted Work-life Balance Directive. Member States are encouraged to grant the paid carers’ leave to all workers, being a family or a household member, who is closely supporting the victim of domestic violence.
Amendment 539 #
Proposal for a directive Recital 50 a (new) (50a) Similarly, victims of female genital mutilation, who are often girls, as well as victims of forced sterilisation typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims and that those specialist support services are carried out with the highest standards of privacy, intimacy and confidentiality.
Amendment 540 #
Proposal for a directive Recital 50 b (new) (50b) Specialist support services for victims of cyberviolence should be appropriately equipped and easily accessible to offer psychological support, legal counselling and assistance for obtaining judicial orders for removal or disabling access to certain online material, assisting in the communication with relevant online intermediary service providers, including using notice and action mechanisms, and where relevant, assisting in the preservation and documentation of evidence. Cyber- violence is believe to be a more significant problem than what data currently suggest due to underreporting and its normalisation, therefore, it is of the highest importance for Member States to be equipped to be able to offer adequate support services to victims and counter this trend.
Amendment 541 #
(51) Harassment and sexual harassment, including at work, is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Given that harassment and sexual harassment at work, as well as cyber violence, ha
Amendment 542 #
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 is a form a discrimination that 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 and providing the possibility of early conciliation, if the victim so wishes, should be provided by external
Amendment 543 #
Proposal for a directive Recital 51 a (new) (51a) The social partners 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, play a particularly important role in offering assistance to victims of sexual harassment, cyber violence and domestic violence.
Amendment 544 #
Proposal for a directive Recital 51 b (new) (51b) 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 545 #
Proposal for a directive Recital 51 c (new) (51c) 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. Member States shall take measures to promote collective bargaining on workplace practices on presenting 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 546 #
Proposal for a directive Recital 52 Amendment 547 #
Proposal for a directive Recital 52 (52) Member States should ensure that national helplines are
Amendment 548 #
Proposal for a directive Recital 52 (52) Member States should ensure that national
Amendment 549 #
Proposal for a directive Recital 52 (52) Member States should ensure that national helplines are operated under the EU-harmonised number [116016] or any other already existing number, and this number is widely advertised as a public number, free of charge and available round-the-clock. The support provided should include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police. This specialist support helpline should be operated separately from other helpline(s) for victims of crime. Victims of violence against women and domestic violence, if calling a general victims helpline should be redirected to the specialist helpline operated under the EU-harmonised number for targeted counselling.
Amendment 550 #
Proposal for a directive Recital 52 (52) Member States should ensure
Amendment 551 #
Proposal for a directive Recital 52 (52) Member States should ensure that national and local helplines are fully funded, and accessible to victims with different abilities, languages, and literacy skills. National helplines may be 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 include crisis counselling and should be able to refer to
Amendment 552 #
Proposal for a directive Recital 52 (52) Member States should ensure that national helplines are operated under the EU-harmonised number [116016] and this number is widely advertised as a public number, free of charge and available round-the-clock. The helplines should be accessible to victims with disabilities and provide easy to understand information, including in different languages. The support provided should include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police.
Amendment 553 #
Proposal for a directive Recital 52 (52) Member States sh
Amendment 554 #
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. Domestic violence often affects the victim´s performance at work due to stress and fear, and the perpetrators often prevent their partners or ex-partners from accessing their work place. In addition, victims will frequently need additional time away from work to attend medical appointments, legal proceedings or to make social arrangements such as searching for new accommodation. Measures shall therefore be implemented at national level to ensure that employers are prevented from discriminating or in any way disadvantaging victim workers in the immediate aftermath of the violence and due to the impact of factors that relate to the violence. For victims who seek safe haven in shelters to stay safe, the workplace can be a dangerous place, since perpetrators know where to find them. Victims shall therefore have the right to paid leave for appropriate duration.
Amendment 555 #
Proposal for a directive Recital 53 (53) Shelters and other appropriate interim accommodations play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay,
Amendment 556 #
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
Amendment 557 #
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,
Amendment 558 #
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 ensure the availability of sufficient dedicated domestic violence shelters, with an adequate geographical distribution. A variety of different models should be made available, including single-gender shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim.
Amendment 559 #
(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 ensure the availability of sufficient dedicated domestic violence shelters, with an adequate geographical distribution. A variety of different models should be made available, including single-sex shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim.
Amendment 560 #
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,
Amendment 561 #
Proposal for a directive Recital 53 (53) Shelters, including homes for mothers and small children and for pregnant women, 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. The number of such institutions should be appropriate given the population of the relevant area.
Amendment 562 #
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,
Amendment 563 #
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 and uninterrupted access to school, ultimately preparing victims for an autonomous life.
Amendment 564 #
Proposal for a directive Recital 53 a (new) (53a) Women who are victims of domestic and sexual violence are at a heightened risk of femicide and retaliation. It is therefore necessary for shelters and interim accommodations to be places that are solely for such female victims and for their location to remain confidential, to ensure the women’s safety.
Amendment 565 #
Proposal for a directive Recital 54 (54) To effectively address negative consequences for child victims
Amendment 566 #
Proposal for a directive Recital 54 (54) 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 without requiring the prior consent of the holders of parental responsibility who are offenders or suspect. 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.
Amendment 567 #
Proposal for a directive Recital 54 (54) 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, also providing support without the consent of the potential abusive partner. 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.
Amendment 568 #
Proposal for a directive Recital 54 (54) To effectively address negative consequences for child victims, support measures to children should include age- appropriate psychological counselling, together with paediatric care and economic support 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 and orphans. 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.
Amendment 569 #
Proposal for a directive Recital 54 a (new) (54a) Member States should ensure that in the legal process determining custody and rights of access, the relevant competent authorities take into account all incidents of violence against women or domestic violence, including when the child is a witness, as well as any restraining or protection orders issued. Criminal proceedings arising from a complaint about violence against women or domestic violence should be dealt in coordination with separation and custody proceedings to avoid situations where shared custody of the children is ordered and/or visitation rights imposed, endangering the rights and safety of both victims and their children. Risk assessments should also be carried out in the process of determining custody and rights of access of children, including for avoiding cases of vicarious violence.
Amendment 570 #
Proposal for a directive Recital 54 b (new) (54b) During legal proceedings in relation to custody or access rights of children of victims of violence against women and domestic violence, courts and professionals should not use the ‘parental alienation syndrome’ or other similar concepts to deny child custody to the mother and grant it to a father accused of domestic violence, disregarding the possible risks for the child. GREVIO has noted that, for example, non-specialist courts have less understanding of the traumatic consequences for children of witnessing violence, often wrongfully attributing the children’s trauma response to ‘parental alienation syndrome’1a. _________________ 1a https://rm.coe.int/prems-055022-gbr- 2574-rapportmultiannuelgrevio-texte- web-16x24/1680a6e183
Amendment 571 #
Proposal for a directive Recital 55 (55)
Amendment 572 #
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 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
Amendment 573 #
Proposal for a directive Recital 55 (55) Member states shall take measures to ensure that, in determination of custody and contact or visitation rights of children, judicial authorities take into account incidents of violence against women and domestic violence and the results of the risk assessments concerning the non-abusive parent and the child victim, including child witnesses and orphans. Member States shall put in place measures to ensure that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children 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 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 574 #
Proposal for a directive Recital 55 (55) Cases of domestic violence must be systematically taken into account, and the best interests of the child must take precedence, when deciding on custody rights and visiting rights in respect of children, in order not to compromise the rights or safety of victims and in order to avoid secondary and repeat victimisation. 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 sufficient numbers of supervised neutral places that are adequately secure and separate from the home, 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 575 #
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
Amendment 576 #
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.
Amendment 577 #
Proposal for a directive Recital 55 a (new) (55a) The use, assertion and acceptance of non-scientific theories and concepts in custody cases which punish mothers who attempt to report cases of child abuse or gender-based violence by preventing them from obtaining custody or by restricting their parental rights should be prevented. Parental alienation and similar concepts and terms should be rejected, as they lack the necessary scientific justification, and are often used in the context of intimate partner violence, as a strategy against victims of violence, putting into question victims’ parental skills, dismissing their word and disregarding the violence to which children are exposed. Member States should not recognize the parental alienation syndrome in their judicial practice and law and should prohibit its use in court proceedings, during the investigations to determine the existence of violence;
Amendment 578 #
Proposal for a directive Recital 55 a (new) (55a) When assessing the parental responsibilities and the possible contact between the offender or suspect who is a holder of parental responsibility and the child, the incidents of violence covered under this Directive should be taken into account. For many victims and their children, the contact with the offender can be seen as a continuation of the violence and can also present a serious safety risk because it entails meeting with the perpetrator face-to-face. Imposing contact, for example through mandatory shared custody, in violent situations or applying the concept of parental alienation and other related concepts with no scientific basis puts children at an increased risk and minimises and conceals violence against women.
Amendment 579 #
Proposal for a directive Recital 55 a (new) (55a) To adequately address long term negative consequences for child victims, Member States should adopt legislation aiming at simplifying procedures to change their family name. Any victim upon reaching the age of majority should be able to change his or her name once in their lifetime, to add to or substitute the name of the parent that was not passed down to them at birth, through a simplified administrative procedure. Where a family court withdraws parental authority from one of the parents, it may rule on the change of the child's name if it is requested by the other parent, with the consent of the child where demanded.
Amendment 580 #
Proposal for a directive Recital 55 a (new) (55a) To ensure the best interests of the child, men must not be stigmatised in relation to women.
Amendment 581 #
Proposal for a directive Recital 55 b (new) (55b) Member States should ensure that cases of violence against women, including domestic violence are under no circumstances referred to any alternative dispute resolution procedure, such as mediation either before or during the judicial proceedings, in order to avoid further harm to the victims.
Amendment 582 #
Proposal for a directive Recital 55 b (new) (55b) Child custody decisions must ensure the child’s safety and must be based on a well-founded complaint with evidence.
Amendment 583 #
Proposal for a directive Recital 55 c (new) (55c) Member States shall take measures to prevent the bias in the determination/interpretation of “the best interest of the child” principle, namely, to maintain contact with both parents or their relatives at all costs, regardless of the violence children have witnessed, with detrimental and dangerous effects for both the child and the other parent. The right of every child to maintain contact with both parents should be restricted if necessary, in the best interests of the child;
Amendment 584 #
Proposal for a directive Recital 55 c (new) (55c) A court decision on child custody that takes an excessively long time may cause irreparable damage to those concerned.
Amendment 585 #
Proposal for a directive Recital 55 d (new) (55d) Member states should take measures to ensure that in determination of custody and contact or visitation rights, judicial authorities take into account the child’s right to breastfeeding, so that mother and child will not be separated for lengthy periods or overnight and the breastfeeding relationship is protected in the best interest of the child.
Amendment 586 #
Proposal for a directive Recital 56 (56) Victims with specific needs and groups at risk of violence against women or domestic violence experiencing intersecting forms of discrimination, 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
Amendment 587 #
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
Amendment 588 #
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 in precarious socio-economic situations including from low and middle income countries and regions, women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, should receive specific protection and support.
Amendment 589 #
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
Amendment 590 #
Proposal for a directive Recital 56 (56) Victims with specific needs and groups at risk of
Amendment 591 #
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 in the uniformed services, women sex workers, detainees, or older women, should receive specific protection and support.
Amendment 592 #
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, women suffering from addiction or older women, should receive specific protection and support.
Amendment 593 #
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,
Amendment 594 #
Proposal for a directive Recital 56 a (new) (56a) Deeply rooted gender stereotypes related to women’s sexuality and morality, result in the stigmatisation and discriminatory treatment of sex workers, including by law enforcement officers, based on their transgression of gendered social and sexual norms and/or for not conforming to gender roles specifically because they are sex workers. A presumption of criminality and discriminatory treatment has the effect of preventing sex workers from seeking justice when they encounter physical or sexual violence or extortion for fear that they will instead become the focus of a criminal investigation. As a result, aggressors can direct violence at people selling sex with relative impunity. Sex workers are among the most precarious of informal workers, in part due to the criminalisation of various aspects of their work, such as on clients and brothels, which often results in their being unjustly criminalised. They are also exposed to very high rates of workplace violence. Significantly, the majority of sex workers are (undocumented) migrants, LGBTIQ, racialised, women and poor.
Amendment 595 #
Proposal for a directive Recital 56 b (new) (56b) Given the heightened vulnerability of sex workers to gender based violence, Member States should establish concrete frameworks for the rights and protection of sex workers during and after a crisis; further insists on the importance of including measures and strategies that tackle the discrimination faced by sex workers in access to funding, housing, healthcare, education and other services in order to reduce their vulnerability to violence and other forms of discrimination.
Amendment 596 #
Proposal for a directive Recital 57 (57) Women with disabilit
Amendment 597 #
Proposal for a directive Recital 57 (57) Women with disabilit
Amendment 598 #
Proposal for a directive Recital 57 a (new) (57a) Under the full recognition of the fundamental rights set out in the Charter, the effects of gender-based violence vary among individuals due to intersections with other identities such as age, race, ethnicity, gender identity, sexual orientation, disability, migration status, and socioeconomic class, which can exacerbate inequalities and leave them even more vulnerable to the consequences of gender-based violence. Member States should adopt a holistic gender-responsive approach to effectively protect all women and girls in all their diversity whose lived experiences exist in those intersections, to facilitate their full access to rights and support when they are experiencing gender-based violence. Recognising that women and girls are the overwhelming majority of victims of this type of violence, concrete action from the Member States is needed to tackle the harmful socially constructed gender roles and stereotypes that make this type of violence possible.
Amendment 599 #
Proposal for a directive Recital 58 (58) Member States should ensure that preventive measures, such as long-term awareness-
Amendment 600 #
Proposal for a directive Recital 58 (58) Member States should ensure that preventive measures
Amendment 601 #
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 education and socio-emotional competencies, empathy and developing healthy and respectful relationships. Universal access to comprehensive, non-discriminatory, age- appropriate and evidence-based sexuality education and information for all primary and secondary school children should be ensured and mandatory courses should be implemented in the EU Member States in line with international standards. Targeted measures should be addressed to vulnerable people exposed to the risk of discrimination, stigmatization, social or economic exclusion.
Amendment 602 #
Proposal for a directive Recital 58 (58) Member States should ensure that preventive measures, such as long-term awareness-
Amendment 603 #
Proposal for a directive Recital 58 (58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter
Amendment 604 #
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 education and socio-emotional competencies, empathy and developing healthy and respectful relationships. Prevention of domestic and sexual violence should be a part of a dedicated life-long learning programme focused on all and tailored according to their needs and shall promote human rights-centered approach.
Amendment 605 #
Proposal for a directive Recital 58 (58) Member States should ensure that preventive measures, such as awareness- raising campaigns targeted at different segments of the public, are taken to counter violence against women and domestic violence. Prevention should also take place in formal education from an early age, in particular, through strengthening sexuality education and socio-emotional competencies, empathy and developing healthy and respectful relationships.
Amendment 606 #
Proposal for a directive Recital 58 (58) Member States should ensure that preventive measures, such as long-term awareness-
Amendment 607 #
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 comprehensive and age- appropriate sexuality education and socio- emotional competencies, empathy and developing healthy and respectful relationships.
Amendment 608 #
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 and relationships education and socio-emotional competencies, empathy and developing healthy and respectful relationships.
Amendment 609 #
Proposal for a directive Recital 58 a (new) (58a) Member states should ensure that preventive measures are grounded in human rights and gender equality and based on the empirical evidence of their effectiveness. Programmes that scientific evaluation has identified as effective or promising in preventing violence against women and domestic violence include school-based programmes to prevent child sexual abuse or dating violence; feminist self-defence for women and girls; bystander intervention programmes; and community-based programmes to transform gender norms. Prevention is a three-pronged approach of primary, secondary and tertiary action. These three levels complement each other and only together, they can combat GBV against women and girls and protect victims effectively. Primary prevention focuses on reducing vulnerability before violence occurs so that it does not occur; secondary prevention focuses on identifying violence and intervening to disrupt it as early as possible; tertiary prevention focuses on long-term intervention to reduce the negative impact of violence and prevent reoffending.
Amendment 610 #
Proposal for a directive Recital 58 a (new) (58a) Sex education must always include the emotional dimension, avoiding a utilitarian view of relationships that does not respect people’s dignity; such a view may, moreover, be detrimental to all the different dimensions of a person.
Amendment 611 #
Proposal for a directive Recital 58 b (new) (58b) In all interpersonal relationships there must be respect and love, ensuring harmony and the healthy coexistence of the relationships.
Amendment 612 #
Proposal for a directive Recital 58 c (new) (58c) Promoting policies to strengthen family harmony and stability makes it possible to develop optimal environments for growth and learning in which to experience security and trust, which protect people in their dealings with society.
Amendment 613 #
Proposal for a directive Recital 59 Amendment 614 #
Proposal for a directive Recital 59 (59) Member States should
Amendment 615 #
Proposal for a directive Recital 59 (59) Member States should take measures to prevent the cultivation of
Amendment 616 #
Proposal for a directive Recital 59 (59) Member States should take measures to prevent the cultivation of harmful
Amendment 617 #
Proposal for a directive Recital 59 a (new) Amendment 618 #
Proposal for a directive Recital 59 a (new) (59a) In view of the effects that the industry of pornography has on trivialising and perpetuating sexual violence against women and girls, the commodification of women’s bodies, and harmful gender-stereotypes; preventative measures shall include banning and discouraging the commercial exploitation of the explicit representation of non- simulated sexual practices.
Amendment 619 #
Proposal for a directive Recital 59 a (new) (59a) Using education to promote a specific ideological view amounts to brainwashing children.
Amendment 620 #
Proposal for a directive Recital 60 (60) In order to ensure victims of
Amendment 621 #
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 adequate and tailored 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. Specific attention should be given to specialised training of competent authorities entering in contact with the victims, especially with the aim of facilitating the reporting of such offences and enabling swift and appropriate follow-up actions. Trainings should also cover elements on gender equality and discrimination, including intersectional discrimination, as well as 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, persons with supervisory functions should also receive training. These trainings should also cover assessments
Amendment 622 #
Proposal for a directive Recital 60 (60) In order to ensure victims of
Amendment 623 #
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
Amendment 624 #
Proposal for a directive Recital 60 (60) In order to ensure victims of violence against women and domestic violence are identified, are able to lodge complaints and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive training and targeted information. Trainings should cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory 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
Amendment 625 #
Proposal for a directive Recital 60 a (new) (60a) Member states should ensure the full implementation of the rights of the child in the digital environment, including their rights to a high level of safety, privacy and security by design and default, and ensure that providers and operators of digital products or services likely to be accessed by children take the necessary measures to prevent, mitigate or minimise risks of violence against women and girls and domestic violence.
Amendment 626 #
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 627 #
Proposal for a directive Recital 61 (61) In order to counteract underreporting and prevent secondary victimisation, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims and should involve specialist services and civil society organisations in law enforcement training, especially to target harmful stereotypes and misconceptions about sexual and domestic violence.
Amendment 628 #
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 629 #
Proposal for a directive Recital 61 (61) In order to counteract underreporting, Member States should also liaise with law enforcement and judicial 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. Specific guidelines for law enforcement and judicial authorities concerning the proceedings in cases of violence against women and domestic violence should also be developed by Member States.
Amendment 630 #
Proposal for a directive Recital 61 (61) In order to counteract underreporting
Amendment 631 #
Proposal for a directive Recital 61 (61) In order to prevent secondary victimisation and counteract underreporting, Member States should also liaise with
Amendment 632 #
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.
Amendment 633 #
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
Amendment 634 #
Proposal for a directive Recital 61 (61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in
Amendment 635 #
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
Amendment 636 #
Proposal for a directive Recital 61 a (new) (61a) 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 violence against women and domestic violence. In addition, other relevant stakeholders should be consulted on relevant issues, such as social partners in relation to sexual harassment at the workplace.
Amendment 637 #
Proposal for a directive Recital 61 a (new) (61a) In order to counteract underreporting, Member States should also combat the feeling of injustice that is spreading as a result of reductions in penalties which Europeans, particularly women, consider to be too lenient.
Amendment 638 #
Proposal for a directive Recital 61 a (new) Amendment 639 #
Proposal for a directive Recital 62 (62) Intervention programmes should be set up to prevent and minimise the risk of (repeated) offences of
Amendment 640 #
Proposal for a directive Recital 62 (62) Intervention programmes should be set up, with trained and skilled professionals, in close cooperation with specialist support services for victims, 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 641 #
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 and should incorporate digital manifestations of violence against women. The
Amendment 642 #
Proposal for a directive Recital 62 a (new) (62a) The commitment of Member States in preventing and combatting violence against women and domestic violence should be shown by the development of national strategies in this regard. All Member States should have national strategies on preventing and combatting violence against women and domestic violence. These strategies should lay down their priorities, roles and coordination between competent authorities, specialist support services and civil society, coordination between criminal and civil proceedings in this area, among other topics. National strategies should be reviewed and updated regularly.
Amendment 643 #
Proposal for a directive Recital 62 b (new) (62b) All measures included in this Directive need to be accompanied by sufficient, predictable and sustainable funding. This is especially important to ensure that national authorities and specialised support service providers, including non-governmental women´s specialist services, have sufficient funding and human, technical and technological resources for the effective and comprehensive implementation of this Directive.
Amendment 644 #
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 Regulation 2022/2065. 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,
Amendment 645 #
Proposal for a directive Recital 63 a (new) (63a) Member States should also encourage the cooperation between providers of intermediary services as well as between providers of intermediary services, authorities and civil society organisations to ensure that victims of cyber violence are adequately assisted and supported. As cyber violence encompasses not only threats of violence but also the use of intrusions into a device to obtain, steal, reveal or manipulate intimate data, to broadcast personal data (“doxing”), or to stalk an individual. Assistance and support should therefore include training, technical assistance and resources to perform hardware checks to detect installed stalker software or apps, give advice to victims on how to use technology in a safe manner and provide guidance to technology companies to define the types of application behaviours that qualifies apps to be flagged as stalkerware.
Amendment 646 #
Proposal for a directive Recital 63 a (new) (63a) With a view to developing a consolidated Union strategy to address violence against women aimed at further strengthening the commitment of, and efforts made, by the Union and the Member States to prevent and combat it, Member States should facilitate the tasks of a coordinator on violence against women , which may include improving coordination and coherence, avoiding duplication of efforts between Union institutions and agencies as well as between Member States and international actors, contributing to the development of existing or new Union policies and strategies relevant to the fight against violence against women or reporting to the Union institutions.
Amendment 647 #
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
Amendment 648 #
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). The analysis of the data should enable the identification of failures in protection and serve to improve and further develop preventive measures.
Amendment 649 #
Proposal for a directive Recital 64 (64) Policies to adequately tackle
Amendment 650 #
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
Amendment 651 #
Proposal for a directive Recital 64 a (new) (64a) 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
Amendment 652 #
Proposal for a directive Recital 64 a (new) (64a) Any methodology for the drafting of reports must always respect objective data, rather than attempt to impose an ideology on them.
Amendment 653 #
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 654 #
Proposal for a directive Recital 65 (65) Member States should ensure that the data is collected
Amendment 655 #
Proposal for a directive Recital 65 (65) Member States should ensure that the data collected are limited to what is strictly necessary
Amendment 656 #
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. Member States shall provide relevant data and information to the relevant institutions such as European Institute of Gender Equality and Eurofound in order to allow for the comparability, assessment and analysis of that data at Union level. When sharing the data collected, no personal data should be included.
Amendment 657 #
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. When sharing the data collected, no personal data should be included, in a way to protect anonymity and confidentiality, and respect the key principles of data protection and fundamental rights.
Amendment 658 #
Proposal for a directive Recital 68 (68) Since the objective of this Directive, namely to prevent and combat
Amendment 659 #
Proposal for a directive Recital 68 a (new) (68a) Member States should develop a common gender budgeting framework to ensure the implementation of this directive. This common gender budgeting framework should identify the concrete mechanisms through which the coordination among relevant national, regional and local stakeholders will be dealt with in order to implement this Directive, including best practices for improved cooperation between national authorities and civil society organizations such as specialist services, including women’s specialist services.
Amendment 660 #
Proposal for a directive Recital 68 a (new) (68a) Alleged consent by a minor to a sexual act can under no circumstances be accepted as a way of justifying or decriminalising an intrinsically reprehensible criminal act.
Amendment 661 #
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
Amendment 662 #
Proposal for a directive Article 1 – paragraph 1 – introductory part This Directive lays down rules to prevent and combat gender-based violence against women
Amendment 663 #
Proposal for a directive Article 1 – paragraph 1 – introductory part This Directive lays down rules to prevent and combat all forms of violence against women and domestic violence. It establishes minimum rules concerning:
Amendment 664 #
Proposal for a directive Article 1 – paragraph 1 – introductory part This Directive lays down rules to prevent and combat
Amendment 665 #
Proposal for a directive Article 1 – paragraph 1 – point a (a) the definition of criminal offences and penalties in the areas of sexual
Amendment 666 #
Proposal for a directive Article 1 – paragraph 1 – point b (b) the rights of victims of all forms of
Amendment 667 #
Proposal for a directive Article premier – paragraph 1 – point b (b) the rights of victims of all forms of violence against women or domestic violence
Amendment 668 #
Proposal for a directive Article 1 – paragraph 1 – point b (b) the rights of victims of all forms of violence against women
Amendment 669 #
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 or after
Amendment 670 #
Proposal for a directive Article 1 – paragraph 1 – point b (b) the rights of victims of all forms of
Amendment 671 #
Proposal for a directive Article 1 – paragraph 1 – point c (c)
Amendment 672 #
Proposal for a directive Article premier – paragraph 1 – point c (c) victims’ protection and victims’ support, irrespective of their sex or gender.
Amendment 673 #
Proposal for a directive Article 1 – paragraph 1 – point c (c) victims’ protection
Amendment 674 #
Proposal for a directive Article 1 – paragraph 1 – point c a (new) (ca) the establishment and development of minimum rules on prevention measures.
Amendment 675 #
Proposal for a directive Article 1 – paragraph 1 – point c a (new) (ca) prevention of violence against women and domestic or intimate violence
Amendment 676 #
Proposal for a directive Article 1 – paragraph 1 – point c a (new) (ca) prevention of violence against women and domestic violence.
Amendment 677 #
Proposal for a directive Article 1 – paragraph 1 – point c a (new) (ca) prevention of violence against women and domestic violence;
Amendment 678 #
Proposal for a directive Article 1 – paragraph 1 – point c a (new) (ca) prevention of violence against women and domestic violence
Amendment 679 #
(ca) statistical data collection.
Amendment 680 #
Proposal for a directive Article 1 – paragraph 1 – point c b (new) (cb) coordination and cooperation at national and EU level.
Amendment 681 #
Proposal for a directive Article 2 – title 2 Victims at an increased risk of gender based violence and specific risks, including intersectional discrimination
Amendment 682 #
Proposal for a directive Article 2 – paragraph 1 1. When implementing the measures
Amendment 683 #
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
Amendment 684 #
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 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). In line with the principle of non-discrimination, in terms of protection of victims and access to justice, victim support, and prevention shall apply to all persons.
Amendment 685 #
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, as well as to 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 686 #
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 and other grounds, such as those referred to in Article 35(1), 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 687 #
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 intersectional discrimination based on a combination of sex and other grounds 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 688 #
Proposal for a directive Article 2 – paragraph 2 2. Member States shall ensure that, in the application and implementation of this Directive, particular attention is
Amendment 689 #
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
Amendment 690 #
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 physical integrity of victims and their children.
Amendment 691 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) acts of
Amendment 692 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) any other acts of
Amendment 693 #
Proposal for a directive Article 4 – paragraph 1 – point a (a) “violence against women”
Amendment 694 #
Proposal for a directive Article 4 – paragraph 1 – point a (a) “violence against women”
Amendment 695 #
Proposal for a directive Article 4 – paragraph 1 – point a (a) “violence against women” is understood as a violation of human rights and a form of discrimination against women and shall means all acts of 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 696 #
Proposal for a directive Article 4 – paragraph 1 – point a (a) “gender-based violence against women”
Amendment 697 #
Proposal for a directive Article 4 – paragraph 1 – point a (a) “violence against women”
Amendment 698 #
Proposal for a directive Article 4 – paragraph 1 – point a (a) “violence against women” is understood as a violation of human rights and a form of discrimination against women and 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 699 #
Proposal for a directive Article 4 – paragraph 1 – point a (a) “violence against women” means all acts of 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
Amendment 700 #
Proposal for a directive Article 4 – paragraph 1 – point a (a) “violence against women” means
Amendment 701 #
Proposal for a directive Article 4 – paragraph 1 – point a (a) “violence against women” means
Amendment 702 #
Proposal for a directive Article 4 – paragraph 1 – point a a (new) (aa) “violence” is intentional use of physical or psychological force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation of rights;
Amendment 703 #
Proposal for a directive Article 4 – paragraph 1 – point a a (new) (aa) “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 704 #
Proposal for a directive Article 4 – paragraph 1 – point a b (new) (ab) “physical violence” is any act which causes physical harm as a result of unlawful physical force and can take the form of, among others, serious and minor assault, deprivation of liberty and manslaughter;
Amendment 705 #
Proposal for a directive Article 4 – paragraph 1 – point a c (new) (ac) “psychological and mental violence” is any act which causes psychological harm to an individual and can take the form of, for example, coercion, humiliation, defamation, isolation from others, verbal insult or aggression, threats, intimidation, control, stalking or harassment. It not only affects individuals’ mental health and their social networks, but also deprives them of opportunities for future personal, social and economic development;
Amendment 706 #
Proposal for a directive Article 4 – paragraph 1 – point a d (new) (ad) “sexual violence” is any sexual act performed on an individual without their consent;
Amendment 707 #
Proposal for a directive Article 4 – paragraph 1 – point a e (new) (ae) “economic violence” is any act or behaviour which causes economic harm to an individual and can take the form of, for example, property damage, restricting access to financial resources, education or the labour market, or not complying with economic responsibilities, such as alimony;
Amendment 708 #
Proposal for a directive Article 4 – paragraph 1 – point a f (new) (af) “structural violence” is a form of violence wherein social structure or social institution may harm people by preventing them from meeting their basic needs and rights;
Amendment 709 #
Proposal for a directive Article 4 – paragraph 1 – point b Amendment 710 #
Proposal for a directive Article 4 – paragraph 1 – point b (b) “domestic violence” means all acts of violence or threats of acts, of physical, sexual, psychological or economic 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;
Amendment 711 #
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, social or economic harm
Amendment 712 #
Proposal for a directive Article 4 – paragraph 1 – point b (b) “domestic violence” means all acts of violence which constitutes a criminal offence in national law 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;
Amendment 713 #
Proposal for a directive Article 4 – paragraph 1 – point b (b) “domestic violence”
Amendment 714 #
Proposal for a directive Article 4 – paragraph 1 – point b (b) “domestic violence” means all acts of
Amendment 715 #
(b) “domestic violence” means all acts of violence or coercive control that result in, or are likely to result in, physical, sexual, psychological, social or economic harm or suffering, that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the offender shares or has shared a residence with the victim;
Amendment 716 #
Proposal for a directive Article 4 – paragraph 1 – point b (b) “domestic violence” means all acts of violence, or threats of such acts, 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;
Amendment 717 #
Proposal for a directive Article 4 – paragraph 1 – point b a (new) (ba) “surrogacy” means recruiting a woman to gestate and give birth to one or several human beings in exchange for financial remuneration and/or through a contract, in order to hand it over to one or several other persons - called commissioners, contractors, intended parents, clients or buyers.
Amendment 718 #
Proposal for a directive Article 4 – paragraph 1 – point b a (new) (ba) "intimate partner violence" means all acts of violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering between former or current spouses or partners, whether or not the perpetrator shares or has shared a residence with the victim;
Amendment 719 #
Proposal for a directive Article 4 – paragraph 1 – point b a (new) Amendment 720 #
Proposal for a directive Article 4 – paragraph 1 – point b a (new) (ba) “femicide” means intentional murder of women because they are women;
Amendment 721 #
Proposal for a directive Article 4 – paragraph 1 – point b a (new) (ba) “femicide” means the gender- based murder of a woman or girl;
Amendment 722 #
Proposal for a directive Article 4 – paragraph 1 – point b b (new) Amendment 723 #
Proposal for a directive Article 4 – paragraph 1 – point b b (new) (bb) “gender” shall mean the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men;
Amendment 724 #
Proposal for a directive Article 4 – paragraph 1 – point b c (new) (bc) “gender-based violence against women” shall mean violence that is directed against a woman because she is a woman or that affects women disproportionately;
Amendment 725 #
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 726 #
Proposal for a directive Article 4 – paragraph 1 – point c (c) “victim” means any person,
Amendment 727 #
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 one- off or repeated acts of violence covered under this Directive, including child witnesses of such violence;
Amendment 728 #
Proposal for a directive Article 4 – paragraph 1 – point c (c) “victim” means any person, regardless of sex
Amendment 729 #
Proposal for a directive Article 4 – paragraph 1 – point c (c) “victim” means any person, regardless of sex
Amendment 730 #
Proposal for a directive Article 4 – paragraph 1 – point c (c) “victim” means any person, regardless of sex
Amendment 731 #
Proposal for a directive Article 4 – paragraph 1 – point c a (new) (ca) “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 732 #
Proposal for a directive Article 4 – paragraph 1 – point d (d) “cyber violence
Amendment 733 #
Proposal for a directive Article 4 – paragraph 1 – point d a (new) (da) “gender based cyber violence against women” is understood as any act of gender-based cyber violence that is directed against a woman because she is a woman or affects women disproportionately;
Amendment 734 #
Proposal for a directive Article 4 – paragraph 1 – point f (f) “providers of intermediary
Amendment 735 #
Proposal for a directive Article 4 – paragraph 1 – point f a (new) (fa) “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 or when a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for job-related decisions;
Amendment 736 #
Proposal for a directive Article 4 – paragraph 1 – point f b (new) (fb) “providers of hosting services” means providers of the services as defined in Article 3 point (g) (iii) of Regulation (EU) 2022/2065 of the European Parliament and of the Council on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act);
Amendment 737 #
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 undocumented women in the situations of employment, informal and undocumented work, such as domestic and care work, 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 738 #
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 such as domestic and care work, 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 739 #
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
Amendment 740 #
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 with the purpose or effect of violating the dignity of the victim, and in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;
Amendment 741 #
Proposal for a directive Article 4 – paragraph 1 – point g a (new) (ga) “cyber harassment” means unwanted conduct related to the gender or sex of a person, including of a sexual nature, by means of information and communication technologies with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment;
Amendment 742 #
(gb) “incitement” means statements about gender, race, colour, religion, descent or national or ethnic origin, which create an imminent risk of discrimination, hostility or violence against persons belonging to those groups.
Amendment 743 #
Proposal for a directive Article 4 – paragraph 1 – point h (h) “child” means any person below the age of 18 years; where the age of the victim is not certain but there are reasonable grounds to believe that the victim is under 18 years of age, the victim is presumed to be a child and benefits from special protection measures pending age verification;
Amendment 744 #
Proposal for a directive Article 4 – paragraph 1 – point h Amendment 745 #
Proposal for a directive Article 4 – paragraph 1 – point h a (new) (ha) “woman” means a person of female sex, including girls under 18 years old.
Amendment 746 #
Proposal for a directive Article 4 – paragraph 1 – point i (i) “age of sexual consent” means the age below which, in accordance with national law, it is prohibited to engage in sexual activities with
Amendment 747 #
Proposal for a directive Article 4 – paragraph 1 – point i a (new) (ia) “intimate material” means a visual recording or other material of a personal and private nature of a person made by any means, including a photograph, film, video recording or other images (a) in which the person is nude or is exposing their genital organs or anal region or breasts, or is engaged in explicit sexual activity; (b) which was recorded in circumstances that gave rise to a reasonable expectation of privacy; and/or (c) the person depicted retains a reasonable expectation of privacy at the time of the recording.
Amendment 748 #
Proposal for a directive Article 4 – paragraph 1 – point i b (new) (ib) “Prevention” means a multi- layered approach of primary, secondary and tertiary action. These three levels complement each other and only together, they can combat gender based violence and protect victims effectively. Primary prevention focuses on reducing vulnerability before violence occurs so as to avoid its occurrence; secondary prevention focuses on identifying violence and intervening to disrupt it as early as possible; tertiary prevention focuses on long-term intervention to reduce the negative impact of violence and prevent recidivism.
Amendment 749 #
Proposal for a directive Article 4 – paragraph 1 – point j a (new) (ja) "gender-sensitive policies" means all policies that take into account the specific needs and lived experiences of women and girls as well as the particularities pertaining to the lives of women and men, in all their diversity, while aiming to eliminate inequalities and promote gender equality, including an equal distribution of resources, thus taking into account the gender dimension.
Amendment 750 #
Proposal for a directive Article 4 – paragraph 1 – point j a (new) (ja) "secondary victimisation" occurs when the victim suffers further harm not as a direct result of the criminal act but due to the manner in which institutions and other individuals deal with the victim.
Amendment 751 #
(ja) “forced marriage” means forcing, coercing or luring an adult to enter into a marriage. Child marriages and “arranged marriages” constitute forced marriage.
Amendment 752 #
Proposal for a directive Article 4 a (new) Article 4a Gender sensitive policies Member States shall include a gender- sensitive perspective in the implementation and evaluation of this Directive. A gender sensitive perspective means the structural understanding of the roots of violence against women and domestic violence, as a systemic phenomenon, and a result of pervasive inequality and discrimination against women which provides a breeding ground for tolerance towards violence against women. Any measures taken to prevent and combat violence against women need to promote equality between women and men as only substantive equality will prevent such violence in the future. Gender-sensitive policies, including gender-sensitive prevention programmes and protection services must to take into account the root causes of this type of violence and also the specific context in which it takes place: the perpetrator victim relationship, the role of power, coercion and control throughout the process of violence, and the distinct consequences and impact of violence on women. This perspective should be incorporated in all protocols, guidelines, trainings and procedures system-wide for all frontline services. Specialist services referred hereafter are those that adopt and have expertise in applying this structural perspective.
Amendment 753 #
Proposal for a directive Article 4 a (new) Amendment 754 #
Proposal for a directive Chapter 2 – title CHAPTER 2 OFFENCES CONCERNING SEXUAL EXPLOITATION OF
Amendment 756 #
Proposal for a directive Article 5 – paragraph 1 – introductory part 1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence of rape:
Amendment 757 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) engaging with a woman in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object, or engaging in any other non-consensual act of a sexual nature that is, in view of the gravity of the act and/or its consequences to the victim, comparable to penetration. This includes intentionally and secretly ceasing to use any method of prophylaxis or reproductive control during a sexual act without the consent of the victim;
Amendment 758 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) engaging with a woman in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object; or engaging in any other non-consensual act of a sexual nature that is, in view of the gravity of the act, comparable to penetration. This includes intentionally and secretly ceasing to use any method of prophylaxis or reproductive control during a sexual act without the consent of the victim.
Amendment 759 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) engaging with a woman in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object
Amendment 760 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) engaging with a woman in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object, or engaging in any other non-consensual act of a sexual nature that is, in view of the gravity of the act, comparable to penetration;
Amendment 761 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) engaging with a woman or another person in any non-
Amendment 762 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) engaging with a
Amendment 763 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) causing a woman to engage with
Amendment 764 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) causing a woman to engage with another person, or with herself, in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.
Amendment 765 #
Proposal for a directive Article 5 – paragraph 1 – point b (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 766 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) causing a
Amendment 767 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. Member States shall ensure that the following intentional conduct is punishable as a criminal offence of sexual assault: (a) committing any act that undermines the sexual freedom of a woman without her consent; (b) intentionally and secretly ceasing to use any method of prophylaxis or reproductive control during a sexual act without the consent of the victim.
Amendment 768 #
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 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 economic coercion, or in an otherwise particularly vulnerable situation. Every girl and woman has the right to express themselves and their sexuality freely and in a secure way that is not interpreted as consent or sexual interaction.
Amendment 769 #
Proposal for a directive Article 5 – paragraph 2 2. Consent shall be given voluntarily as the result of free will and it shall be assessed in the context of the surrounding circumstances. Member States shall ensure that a non-consensual act is understood as an act which is performed without the
Amendment 770 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall ensure that
Amendment 771 #
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 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
Amendment 772 #
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 explicit consent given voluntarily or where the woman is unable to form and express a free will due to her physical or mental condition, thereby exploiting her incapacity to form and express a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability.
Amendment 773 #
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 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 fear, intimidation, unconsciousness, intoxication, sleep, illness, bodily injury or disability.
Amendment 774 #
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 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, minor age or disability.
Amendment 775 #
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
Amendment 776 #
Proposal for a directive Article 5 – paragraph 3 3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance or past sexual conduct, her attire, or existing or past relationship with the offender. Consent shall be assessed in the context of the surrounding circumstances. Consent can not be bought in exchange of economic compensation.
Amendment 777 #
Proposal for a directive Article 5 – paragraph 3 3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance or past sexual conduct, or existing or past relationship with the offender, including marital or any other partnership status. Consent shall be given for each separate act.
Amendment 778 #
Proposal for a directive Article 5 – paragraph 3 3. Consent can be withdrawn at any moment during the act.
Amendment 779 #
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
Amendment 780 #
Proposal for a directive Article 5 – paragraph 3 3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance or past sexual conduct.
Amendment 781 #
Proposal for a directive Article 5 – paragraph 3 3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance
Amendment 782 #
Proposal for a directive Article 5 – paragraph 3 3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance, her attire or past sexual conduct.
Amendment 783 #
Proposal for a directive Article 5 – paragraph 3 3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the
Amendment 784 #
Proposal for a directive Article 5 – paragraph 3 3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted
Amendment 785 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. A woman’s silence, verbal or physical non-resistance, past sexual conduct, or existing or past relationship with the offender shall not be sufficient to prove her consent.
Amendment 786 #
Proposal for a directive Article 5 a (new) Article 5 a Sexual Assault, excluding rape 1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) engaging with a woman in any non- consensual act of a sexual nature; (b) causing a woman to engage with another person in any non-consensual act of a sexual nature. 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 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. 3. Consent 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.
Amendment 787 #
Proposal for a directive Article 5 a (new) Article 5a Forced sterilisation 1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) performing a procedure that has the purpose or effect of terminating a woman or girl’s ability to naturally reproduce without her prior and informed consent or understanding of the procedure; (b) coercing a woman or girl to undergo any procedure referred to in point (a). 2. Urgent and necessary medical procedures to save a woman's life are not considered to be offences under points (a) and (b) of paragraph 1.
Amendment 788 #
Proposal for a directive Article 5 a (new) Article 5 a Sexual assault 1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence: a) touching any part of a woman's body in a sexual way that does not fulfil the criteria of Article 5 and which is non- consensual; b) causing a woman to engage with another person in a sexual way that does not fulfil the criteria of Article 5 and which is non-consensual; c) breaching the physical integrity of a woman in any other way, including through forced procedures such as hymenoplasty. 2. Article 5, paragraphs 2 and 3 shall apply mutatis mutandis.
Amendment 789 #
Proposal for a directive Article 5 b (new) Article 5b Forced abortion 1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) performing a procedure that has the purpose or effect of terminating a woman or girl’s pregnancy without her prior and informed consent or understanding of the procedure; (b) coercing a woman or girl to undergo any procedure referred to in point (a). 2. Urgent and necessary medical procedures to save a woman's life are not considered to be offences under points (a) and (b) of paragraph 1.
Amendment 790 #
Proposal for a directive Article 5 c (new) Amendment 791 #
Proposal for a directive Article 5 d (new) Article 5d Forced marriage Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) forcing an adult or child to enter into a marriage; (b) luring an adult or child to the territory of a state other than the one they reside in with the purpose of forcing them to enter into a marriage;
Amendment 793 #
Proposal for a directive Article 6 – paragraph 1 – point a (a) excising, infibulating or performing any other mutilation to the whole or any part of the labia majora, labia minora or clitoris
Amendment 794 #
Proposal for a directive Article 6 – paragraph 1 – point a a (new) (a a) Member States shall ensure that the conduct referred to in Article 5(1) is punishable as a criminal offence where the person responsible for the conduct was grossly negligent regarding the fact that the woman did not consent voluntarily or regarding the fact that the woman was unable to form free will.
Amendment 795 #
Proposal for a directive Article 6 – paragraph 1 – point a b (new) Amendment 796 #
Proposal for a directive Article 6 – paragraph 1 – point b (b) coercing, inciting or procuring a woman or a girl to undergo any of the acts referred to in point (a).
Amendment 797 #
Proposal for a directive Article 6 – paragraph 1 – point b (b) coercing or procuring a woman or a girl to undergo any of the acts referred to in
Amendment 798 #
Proposal for a directive Article 6 – paragraph 1 – point b a (new) (b a) Sexual exploitation through the prostitution of others Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) procuring, hiring, or enticing another person for the purposes of prostitution; (b) obtaining any profit from the prostitution of another person.
Amendment 799 #
Proposal for a directive Article 6 – paragraph 1 – point b b (new) (b b) Purchase of sexual acts Member States shall ensure that it is punishable as a criminal offence to intentionally solicit, accept or obtain a sexual act from a person, in exchange for remuneration, the promise of remuneration, the provision of a benefit in kind or the promise of such a benefit. 6d) performing an abortion or coercing a woman to endure a forced abortion which refers to the action of triggering an abortion without her prior and informed consent. 6e) procuring, hiring, recruiting or enticing a woman to gestate, give birth and give the child or children away- whether they are conceived with her own oocytes or not, in exchange for payment and/or through a contract, that entails renouncing to her parental rights to one or more people (called commissioners, clients or buyers).
Amendment 800 #
Proposal for a directive Article 6 a (new) Article 6 a Intersex Genital Mutilation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: 1) Performing any surgical or medical procedure or hormonal treatment on the sex characteristics of a person with variations of sex characteristics, with the purpose or effect of altering such characteristics so that they align with those considered typically female or male: a. In the case the person referred to in point 1) has the capacity to provide consent to the procedure or treatment, if the person does not provide informed consent; b. In the case the person referred to in point 1) does not have the capacity to provide consent to the procedure or treatment, unless an urgent procedure or treatment is undertaken on reasonable grounds to save the person’s life or prevent serious damage to the person’s physical health. 2) Coercing a person with variations of sex characteristics to undergo any of the procedures or treatments referred to in point 1), or coercing the person holding parental responsibility to authorise any of the procedures referred to in point 1).
Amendment 801 #
Proposal for a directive Article 6 a (new) Article 6 a Forced abortion and forced sterilisation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) performing an abortion on a woman without her prior and informed consent. (b) 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. (c) Member States shall ensure that the prior and informed consent of the woman to undergothe abortion or surgery referred to in points (a) and (b) of this article cannot be replaced by the consent of a parent, legal guardian or court’s decision.
Amendment 802 #
Proposal for a directive Article 6 a (new) Article 6 a Forced sterilisation 1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) performing surgery which has the purpose or effect of terminating a woman’s or girl´s capacity to naturally reproduce without her prior and informed consent or understanding of the procedure; (b) coercing or procuring a woman or a girl to undergo the acts referred to in point (a). 2. Member States shall ensure that the prior and informed consent of the woman to undergo the procedure referred to in point (a) cannot be substituted by the consent of a legal guardian.
Amendment 803 #
Proposal for a directive Article 6 a (new) Amendment 804 #
Proposal for a directive Article 6 a (new) Article 6 a Forced sterilisation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) performing surgery which has the purpose or effect of terminating a woman or girl’s ability to naturally reproduce without her prior and informed consent or understanding of the procedure; (b) coercing or procuring a woman or a girl to undergo the surgery referred to in point (a).
Amendment 805 #
Proposal for a directive Article 6 a (new) Article 6 a Forced sterilisation Member States shall ensure that the following conduct is punishable as a criminal offence: a) performing surgery which has the purpose or effect of terminating a woman or girls' ability to naturally reproduce without her prior and informed consent and understanding of the procedure; b) coercing or procuring a woman or a girl to undergo the surgery referred to in point (a).
Amendment 806 #
Proposal for a directive Article 6 a (new) Article 6 a Marital captivity Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) forcing a person to be captive in a marriage, religious or otherwise, by refusing the legal and religious dissolution of the marriage; (b) aiding and abetting captivity in marriage, through either psychological, economic and/or physical coercion;
Amendment 807 #
Proposal for a directive Article 6 a (new) Article 6 a Surrogacy Member States shall ensure that the following intentional conduct is punishable as a criminal offence: Procuring, hiring, recruiting or enticing a woman to gestate, give birth and give the child or children away, in exchange for payment and/or through a contract, that entails renouncing to her parental rights to one or more people
Amendment 808 #
Proposal for a directive Article 6 b (new) Article 6 b Intersex Genital Mutilation Intersex genital mutilation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: 1) Performing any surgical or medical procedure or hormonal treatment on the sex characteristics of a person with variations of sex characteristics, with the purpose or effect of altering such characteristics so that they align with those considered typically female or male: a. In the case the person referred to in paragraph 1 has the capacity to provide consent to the procedure or treatment, if the person does not provide informed consent; b. In the case the person referred to in paragraph 1 does not have the capacity to provide consent to the procedure or treatment, unless an urgent procedure or treatment is undertaken on reasonable grounds to save the person’s life or prevent serious damage to the person’s physical health. 2) Coercing a person with variations of sex characteristics to undergo any of the procedures or treatments referred to in paragraph 1 , or coercing the person holding parental responsibility to authorise any of the procedures referred to in paragraph 1.
Amendment 809 #
Proposal for a directive Article 6 b (new) Article 6 b Sexual exploitation through the prostitution of others Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) procuring, hiring, or enticing another person for the purposes of prostitution; (b) obtaining any profit from the prostitution of another person.
Amendment 810 #
Proposal for a directive Article 6 b (new) Article 6 b Sexual exploitation through the prostitution of others Member States shall ensure that the following conduct is punishable as a criminal offence: a) procuring, hiring, or enticing another person for the purposes of prostitution; b) obtaining any profit from the prostitution of another person.
Amendment 811 #
Proposal for a directive Article 6 b (new) Article 6 b Forced prostitution Member States shall ensure that the following conduct is punishable as a criminal offence: a) causing a woman to involuntarily offer and/ or provide sexual services against any form of remuneration for the profit of a third party.
Amendment 812 #
Proposal for a directive Article 6 c (new) Article 6 c Forced marriage Member States shall ensure that the following intentional forms of conduct are punishable as criminal offences: a) forcing an adult or a child to enter into marriage; b) intentional conduct of luring an adult or a child to the territory of a member State other than the one she or he resides in with the purpose of forcing this adult or child to enter into a marriage.
Amendment 813 #
Proposal for a directive Article 6 c (new) Article 6 c Denial of safe and legal abortion Member States shall ensure that the following conduct is punishable as a criminal offence: a) denial by health institutions to provide health services related to sexual and reproductive health of patients, including safe and legal abortion and/or post- abortion care, putting the patient´s physical integrity, reproductive health or life at risk.
Amendment 814 #
Proposal for a directive Article 6 d (new) Article 6 d Forced abortion Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) performing an abortion or coercing a woman to endure a forced abortion without her prior and informed consent.
Amendment 815 #
Proposal for a directive Article 6 e (new) Article 6 e Sexual Harassment Member States shall ensure that the following intentional forms of conduct are punishable as criminal offences: (a) any form of unwanted verbal, non-verbal or physical conduct of a sexual nature 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 816 #
Proposal for a directive Article 7 – title 7 Non-consensual sharing and producing of intimate or manipulated material
Amendment 817 #
Proposal for a directive Article 7 – title Amendment 818 #
Proposal for a directive Article 7 – paragraph 1 – introductory part Member States shall ensure that the following
Amendment 819 #
Proposal for a directive Article 7 – paragraph 1 – point a (a) making intimate images, or videos or other material depicting sexual activities, of another person, or nudity or intimate areas of another person, without that person’s consent accessible to a multitude of end-users by means of information and communication technologies;
Amendment 820 #
Proposal for a directive Article 7 – paragraph 1 – point a (a)
Amendment 821 #
Proposal for a directive Article 7 – paragraph 1 – point a (a) making intimate images, or videos or other material depicting sexual activities, nudity or intimate areas of another person without that person’s consent accessible to a multitude of end- users by means of information and communication technologies;
Amendment 822 #
Proposal for a directive Article 7 – paragraph 1 – point a (a) making intimate images, or videos or other material depicting
Amendment 823 #
Proposal for a directive Article 7 – paragraph 1 – point a (a) making intimate images,
Amendment 824 #
Proposal for a directive Article 7 – paragraph 1 – point a (a) making intimate
Amendment 825 #
Proposal for a directive Article 7 – paragraph 1 – point a (a) making intimate images, or videos or other material depicting sexual activities, of another person, without that person’s consent accessible to
Amendment 826 #
Proposal for a directive Article 7 – paragraph 1 – point a (a) making intimate images, or videos or other material depicting sexual activities, of another person without that person’s consent accessible to
Amendment 827 #
Proposal for a directive Article 7 – paragraph 1 – point a (a) making intimate images, or videos or other material depicting sexual activities, of another person without that person’s consent accessible to
Amendment 828 #
Proposal for a directive Article 7 – paragraph 1 – point a a (new) Amendment 829 #
Proposal for a directive Article 7 – paragraph 1 – point a a (new) (a a) production of intimate images without the consent of the depicted person;
Amendment 830 #
Proposal for a directive Article 7 – paragraph 1 – point b (b) producing or manipulating and subsequently making accessible to
Amendment 831 #
Proposal for a directive Article 7 – paragraph 1 – point b (b) producing or manipulating and subsequently making accessible to a multitude of end-users, by means of information and communication technologies, intimate images, videos or other material, depicting other person or making it appear as though another person is engaged in sexual activities, without that person’s consent;
Amendment 832 #
Proposal for a directive Article 7 – paragraph 1 – point b (b) producing or manipulating and subsequently
Amendment 833 #
Proposal for a directive Article 7 – paragraph 1 – point b (b) producing or manipulating and subsequently making accessible to
Amendment 834 #
Proposal for a directive Article 7 – paragraph 1 – point b (b) producing or manipulating and subsequently making accessible to
Amendment 835 #
Proposal for a directive Article 7 – paragraph 1 – point b (b) producing or manipulating and subsequently making accessible to
Amendment 836 #
Proposal for a directive Article 7 – paragraph 1 – point b (b) producing or manipulating and subsequently making accessible to
Amendment 837 #
Proposal for a directive Article 7 – paragraph 1 – point b a (new) (ba) sending to a woman or girl, by means of information and communication technologies, sexual or intimate images, videos or other material without the recipient's consent;
Amendment 838 #
Proposal for a directive Article 7 – paragraph 1 – point c (c) threatening to engage in the conduct referred to in points (a) and (b) in order to coerce another person to do, acquiesce or refrain from a certain act
Amendment 839 #
Proposal for a directive Article 7 – paragraph 1 – point c (c) threatening to engage in the conduct referred to in points (a) and (b)
Amendment 840 #
Proposal for a directive Article 7 – paragraph 1 – point c (c) threatening to engage in the conduct referred to in points (a) and (b)
Amendment 841 #
Proposal for a directive Article 7 – paragraph 1 – point c (c) threatening to engage in the conduct referred to in points (a) and (b)
Amendment 842 #
Proposal for a directive Article 7 – paragraph 1 – point c (c) threatening to engage in the conduct referred to in points (a) and (b) in order to coerce another person to do, acquiesce or refrain from a certain act or to cause direct harm or distress.
Amendment 843 #
Proposal for a directive Article 7 – paragraph 1 – point c (c) threatening to engage in the conduct referred to in points (a) and (b), including in order to coerce another person to do, acquiesce or refrain from a certain act.
Amendment 844 #
Proposal for a directive Article 7 – paragraph 1 – point c a (new) Amendment 845 #
Proposal for a directive Article 7 – paragraph 1 a (new) 2. Member States shall ensure that online platforms, including social media and pornographic platforms exercise effective verification methods to avoid the publication of material referred to in points (a) (b) and (c) and acquire necessary skills and training to fulfill this task.
Amendment 846 #
Proposal for a directive Article 7 a (new) Article 7 a Cyber voyeurism Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) Recording an intimate image of another person or observing another person, for the purposees of obtaining sexual gratification, without that person's consent by means of information and communication technologies; (b) Installing equipment of information and communication technologies in order to record intimate images of another person or observe another person, for the purposes of obtaining sexual gratification, without that person's consent;
Amendment 847 #
Proposal for a directive Article 8 – paragraph 1 – introductory part Member States shall ensure that the following
Amendment 848 #
Proposal for a directive Article 8 – paragraph 1 – introductory part Member States shall ensure that the following
Amendment 849 #
Proposal for a directive Article 8 – paragraph 1 – point a Amendment 850 #
Proposal for a directive Article 8 – paragraph 1 – point a (a) persistently engaging in threatening 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
Amendment 851 #
Proposal for a directive Article 8 – paragraph 1 – point b (b) placing another person under continuous surveillance, without that person’s consent or legal authorisation to do so, by means of information and communication technologies, to track or monitor that person’s movements and activities
Amendment 852 #
Proposal for a directive Article 8 – paragraph 1 – point b (b) placing another person under continuous surveillance, without that person’s explicit consent or legal authorisation to do so, by means of information and communication technologies, to track or monitor that person’s movements and activities;
Amendment 853 #
Proposal for a directive Article 8 – paragraph 1 – point b (b) placing another person under
Amendment 854 #
Proposal for a directive Article 8 – paragraph 1 – point c Amendment 855 #
Proposal for a directive Article 8 – paragraph 1 – point c (c) making material containing the personal data of another person, or false material representing another person in a derogatory manner, 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 significant psychological harm to the person.
Amendment 856 #
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 significant psychological harm to the person, with a view to intimidating and manipulating them.
Amendment 857 #
Proposal for a directive Article 8 – paragraph 1 – point c (c) doxxing: making material containing or revealing the personal data of another person, without that person’s consent, accessible to
Amendment 858 #
Proposal for a directive Article 8 – paragraph 1 – point c (c) making
Amendment 859 #
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
Amendment 860 #
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
Amendment 861 #
Proposal for a directive Article 8 – paragraph 1 – point c a (new) (c a) committing any other act by means of communication and information technologies that may cause psychological harm or financial damages to the victim.
Amendment 862 #
Proposal for a directive Article 8 a (new) Amendment 863 #
Proposal for a directive Article 9 – paragraph 1 – introductory part Member States shall ensure that the following
Amendment 864 #
Proposal for a directive Article 9 – paragraph 1 – introductory part Member States shall ensure that the following
Amendment 865 #
(-a) persistently engaging in threatening or intimidating conduct directed at another person, by means of information and communication technologies, which causes that person to fear for their own safety or the safety of dependants;
Amendment 866 #
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; this includes "cyber flashing": the sending of unsolicited sexual images via information or communication technologies and social media platforms;
Amendment 867 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) initiating an attack with third
Amendment 868 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) initiating an attack alone or with third parties directed at another person, by making threatening or insulting material accessible to
Amendment 869 #
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
Amendment 870 #
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 intimidating and manipulating the victim/s; and also causing significant psychological harm to the attacked person;
Amendment 871 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) initiating an attack
Amendment 872 #
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
Amendment 873 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) initiating
Amendment 874 #
Proposal for a directive Article 9 – paragraph 1 – point a a (new) (a a) cyber flashing: the sending of unsolicited sexual images via information or communication technologies and social media platforms;
Amendment 875 #
Proposal for a directive Article 9 – paragraph 1 – point b (b) participating alone or with third parties in attacks referred to in point (a).
Amendment 876 #
Proposal for a directive Article 9 – paragraph 1 – point b (b) participating
Amendment 877 #
Proposal for a directive Article 9 – paragraph 1 – point b a (new) (b a) repeatedly sending threatening or insulting material or messages to another person in private communications, with the effect of causing psychological harm to the attacked person;
Amendment 878 #
Proposal for a directive Article 9 – paragraph 1 – point b a (new) (b a) the sending of unsolicited pornographic and/or intimate material by means of information and communication technologies;
Amendment 879 #
Proposal for a directive Article 9 – paragraph 1 – point b a (new) (b a) sending images of nudity or of a sexual nature to another person without that persons' prior consent.
Amendment 880 #
Proposal for a directive Article 9 – paragraph 1 – point b a (new) (b a) (c) sending unsolicited pornographic material by means of information and communication technologies;
Amendment 881 #
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
Amendment 882 #
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, gender identity, gender expression, sexual orientation or sex characteristics, by disseminating to the public material containing such incitement by means of information and communication technologies is punishable as a criminal offence.
Amendment 883 #
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
Amendment 884 #
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
Amendment 885 #
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
Amendment 886 #
Proposal for a directive Article 10 – paragraph 1 Member States shall ensure that the
Amendment 887 #
Proposal for a directive Article 10 – paragraph 1 a (new) In order to ensure online material qualifies as amounting to incitement to hatred or violence Members States shall consider a threshold test that includes the publicity of the message, the context of the message, the position of the speaker, intent, content and form of the speech, the extent of the speech act, and likelihood, including imminence of succeeding of the violence or hatred.
Amendment 888 #
Proposal for a directive Article 10 – paragraph 1 a (new) In order to assess whether a conduct referred to in paragraph 1 qualifies as incitement to violence or hatred, Member States shall encourage the use of the following criteria: the social and political context of the message, status of the speaker, content and form of the speech act as well as the likelihood of harm, including imminence.
Amendment 889 #
Proposal for a directive Article 10 – paragraph 1 a (new) Member States shall ensure that the conduct of humiliating, disregarding or discrediting a group of persons or a member of such a group defined by reference to sex or gender, by disseminating to the public material containing such conduct by means of information and communication technologies is punishable as a criminal offence.
Amendment 890 #
Proposal for a directive Article 10 a (new) Amendment 891 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall ensure that inciting and aiding and abetting the commission of any of the criminal offences referred to in Articles 5 to 9 and 6a to 6e are punishable as criminal offences.
Amendment 892 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall ensure that inciting, a
Amendment 893 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall ensure that inciting and aiding and abetting the commission of any of the criminal offences referred to in Articles 5 to
Amendment 894 #
Proposal for a directive Article 11 – paragraph 2 Amendment 895 #
Proposal for a directive Article 11 – paragraph 2 2. Member States shall ensure that an attempt to commit any of the criminal offences referred to in
Amendment 896 #
Proposal for a directive Article 11 – paragraph 2 2. Member States shall ensure that an attempt to commit any of the criminal offences referred to in Articles 5 and 6, 6a and 6b is punishable as a criminal offence.
Amendment 897 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure that the criminal offences referred to in
Amendment 898 #
Proposal for a directive Article 12 – paragraph 2 Amendment 899 #
Proposal for a directive Article 12 – paragraph 2 2. Member States shall ensure that the criminal offence referred to in Articles 5 and 6b is punishable by a maximum penalty of at least
Amendment 900 #
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
Amendment 901 #
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
Amendment 902 #
Proposal for a directive Article 12 – paragraph 2 a (new) 2 a. Member States shall ensure that the criminal offence referred to in Article 5a is punishable by a maximum penalty of at least 6 years of imprisonment and at least 8 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 903 #
Proposal for a directive Article 12 – paragraph 3 3. Member States shall ensure that an offender of the criminal offence
Amendment 904 #
Proposal for a directive Article 12 – paragraph 3 3. Member States shall ensure that an offender of the criminal offence referred to in Article 5, who has previously been convicted of offences of the same nature, mandatorily participates in an intervention programme referred to in Article 38, without delay.
Amendment 905 #
Proposal for a directive Article 12 – paragraph 3 3. Member States shall ensure that an offender of the criminal offences referred to in
Amendment 906 #
Proposal for a directive Article 12 – paragraph 3 3. Member States shall ensure that an offender of the criminal offence referred to in Article 5
Amendment 907 #
Proposal for a directive Article 12 – paragraph 3 a (new) 3a. 3a. Member States shall ensure that the criminal offences referred to in Article 5d are punishable by a maximum penalty of at least 3 years of imprisonment.
Amendment 908 #
Proposal for a directive Article 12 – paragraph 4 Amendment 909 #
Proposal for a directive Article 12 – paragraph 4 4. Member States shall ensure that the criminal offence referred to in Article
Amendment 910 #
Proposal for a directive Article 12 – paragraph 4 4. Member States shall ensure that the criminal offence referred to in Article 6
Amendment 911 #
Proposal for a directive Article 12 – paragraph 4 4. Member States shall ensure that the criminal offence referred to in Articles 6 and 6a is punishable by a maximum penalty of at least
Amendment 912 #
Proposal for a directive Article 12 – paragraph 4 4. Member States shall ensure that the criminal offences referred to in Articles 6
Amendment 913 #
Proposal for a directive Article 12 – paragraph 4 4. Member States shall ensure that the criminal offence referred to in Article 6 and 6a is punishable by a maximum penalty of at least 5 years of imprisonment and at least
Amendment 914 #
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
Amendment 915 #
Proposal for a directive Article 12 – paragraph 4 a (new) 4 a. Member States shall ensure that the criminal offence referred to in Article 6b is punishable by a maximum penalty of at least 6 years of imprisonment and at least 8 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 916 #
Proposal for a directive Article 12 – paragraph 4 b (new) 4 b. Member States shall ensure that the criminal offence referred to in Article 6c is punishable by a maximum penalty of at least 6 years of imprisonment and at least 10 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 917 #
Proposal for a directive Article 12 – paragraph 5 Amendment 918 #
Proposal for a directive Article 12 – paragraph 5 5. Member States shall ensure that the
Amendment 919 #
Proposal for a directive Article 12 – paragraph 5 5. Member States shall ensure that the criminal offences referred to in Articles 5a, 8 and 10 are punishable by a maximum penalty of at least 2 years of imprisonment.
Amendment 920 #
Proposal for a directive Article 12 – paragraph 6 Amendment 921 #
Proposal for a directive Article 12 – paragraph 6 Amendment 922 #
Proposal for a directive Article 12 – paragraph 6 6. Member States shall ensure that the criminal offences referred to in Articles 7 and 9 are punishable by a maximum penalty of at least
Amendment 923 #
Proposal for a directive Article 13 – paragraph 1 – introductory part In so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in Articles 5 to 10, Member States shall take measures to ensure that they may be regarded as aggravating circumstances in relation to those offences:
Amendment 924 #
Proposal for a directive Article 13 – paragraph 1 – introductory part In so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in Articles 5 to 10 and 6a to 6e, Member States shall ensure that they may be regarded as aggravating circumstances in relation to those offences:
Amendment 925 #
Proposal for a directive Article 13 – paragraph 1 – point a (a) the offence, or
Amendment 926 #
Proposal for a directive Article 13 – paragraph 1 – point a (a) the offence, or another criminal offence of
Amendment 927 #
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,
Amendment 928 #
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 with reference to residence status, or a state of physical, mental, intellectual or sensory disability, or living in institutional care facilities, including retirement homes, children´s homes, reception centres for migrants or asylum seekers and detention facilities;
Amendment 929 #
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, 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 930 #
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
Amendment 931 #
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 932 #
Proposal for a directive Article 13 – paragraph 1 – point b a (new) (b a) the offence was committed against a person living in institutional settings, including child protection and rehabilitation centres, reception centres, detention facilities for nationals and migrants or accommodation centres for asylum seekers;
Amendment 933 #
Proposal for a directive Article 13 – paragraph 1 – point c (c) the offence was committed against a child, in the presence of a child or when the child is aware of the violence regardless of physical presence;
Amendment 934 #
Proposal for a directive Article 13 – paragraph 1 – point d Amendment 935 #
Proposal for a directive Article 13 – paragraph 1 – point f (f) the offence was preceded or accompanied by extreme levels of violence or particularly inhuman, degrading or humiliating acts;
Amendment 936 #
Proposal for a directive Article 13 – paragraph 1 – point g (g) the offence was committed with the use or threat of using a weapon
Amendment 937 #
Proposal for a directive Article 13 – paragraph 1 – point g (g) the offence was committed with the use or threat of using a weapon or other dangerous objects;
Amendment 938 #
Proposal for a directive Article 13 – paragraph 1 – point h (h) the offence was committed with the use of force or threats to use force, including against the victim´s relatives or persons in close relationship with the victim, or coercion;
Amendment 939 #
Proposal for a directive Article 13 – paragraph 1 – point h (h) the offence was committed with intimidation, the use of force or threats to use force, or coercion;
Amendment 940 #
Proposal for a directive Article 13 – paragraph 1 – point i Amendment 941 #
Proposal for a directive Article 13 – paragraph 1 – point i (i) the offence resulted in the death or suicide of the victim or severe physical or psychological harm for the victim or the victim's family members or dependants;
Amendment 942 #
Proposal for a directive Article 13 – paragraph 1 – point i a (new) (i a) the offence has led the victim to experience secondary victimisation;
Amendment 943 #
Proposal for a directive Article 13 – paragraph 1 – point j (j) the offender has previously been convicted of offences of
Amendment 944 #
Proposal for a directive Article 13 – paragraph 1 – point k (k) the offence was committed against a former or current spouse or partner regardless of cohabitation;
Amendment 945 #
Proposal for a directive Article 13 – paragraph 1 – point k (k) the offence was committed against a former or current spouse or
Amendment 946 #
Proposal for a directive Article 13 – paragraph 1 – point n Amendment 947 #
Proposal for a directive Article 13 – paragraph 1 – point o (o) the offence was committed by means of chemical submission, i.e. by causing the victim to take, use or be affected by drugs, alcohol or other intoxicating substances with or without their knowledge.
Amendment 948 #
Proposal for a directive Article 13 – paragraph 1 – point o (o) the offence was committed by causing the victim to take, use or be affected by drugs, alcohol or other intoxicating substances
Amendment 949 #
Proposal for a directive Article 13 – paragraph 1 – point o a (new) (o a) the intention of the crime was to punish victims for their sexual orientation, gender expression, gender identity or sex characteristics.
Amendment 950 #
Proposal for a directive Article 13 – paragraph 1 – point o a (new) (o a) the offence was committed against a public representative, a journalist or a human rights defender, including women’s rights activists;
Amendment 951 #
Proposal for a directive Article 13 – paragraph 1 – point o a (new) (o a) the offence was motivated by discrimination on grounds such as sex, sexual orientation, gender or gender identity;
Amendment 952 #
Proposal for a directive Article 13 – paragraph 1 – point o a (new) (oa) the offence brought profit or gain or had the intention of bringing profit or gain;
Amendment 953 #
Proposal for a directive Article 13 – paragraph 1 – point o a (new) (o a) the offence was committed against an undocumented migrant woman or an asylum-seeking woman;
Amendment 954 #
(o a) (p) a repeat offence is committed by the offender in any one of the above cases.
Amendment 955 #
Proposal for a directive Article 13 – paragraph 1 – point o a (new) (o a) the offence was a so-called "honour crime";
Amendment 956 #
Proposal for a directive Article 13 – paragraph 1 – point o b (new) (ob) the offence was driven by a hostile attitude to the victim on the grounds of their race, skin colour, sexual orientation, religion, social origin, beliefs or political or any other opinion.
Amendment 957 #
Proposal for a directive Article 13 – paragraph 1 – point o b (new) (o b) the offence was committed against a public representative, a journalist or a human rights defender
Amendment 958 #
Proposal for a directive Article 13 – paragraph 1 – point o b (new) (o b) the offence brought profit or gain or had the intention of bringing profit or gain;
Amendment 959 #
Proposal for a directive Article 13 – paragraph 1 – point o c (new) (o c) The material uploaded by the offender has previously been subject to a removal order related to the offences referred to in Articles 7, 8, 9 and 10 of this directive
Amendment 960 #
Proposal for a directive Article 13 – paragraph 1 – point o c (new) (o c) the intention of the crime was to preserve or restore the so-called “honour” of a person, a family, a community or another similar group;
Amendment 961 #
Proposal for a directive Article 13 – paragraph 1 – point o c (new) (o c) the offence was intended to bring profit or gain;
Amendment 962 #
Proposal for a directive Article 14 – paragraph 1 – introductory part 1. Member States shall take the necessary measures to establish their jurisdiction over the criminal offences referred to in
Amendment 963 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall take the necessary measures to provide for a limitation period that enables the complaint, investigation, prosecution, trial and judicial decision concerning criminal offences referred to in Articles 5 to 11 for a sufficient period of time after the commission of those criminal offences.
Amendment 964 #
Proposal for a directive Article 15 – paragraph 2 Amendment 965 #
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 and 5d of at least 20 years from the time when the offence was committed.
Amendment 966 #
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 Articles 5 and 6b of at least 20 years from the time when the offence was committed.
Amendment 967 #
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 Articles 5 and 6 of at least 20 years from the time when the offence was committed.
Amendment 968 #
Proposal for a directive Article 15 – paragraph 2 a (new) 2 a. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Article 5a of at least 5 years from the time when the offence was committed.
Amendment 969 #
Proposal for a directive Article 15 – paragraph 3 Amendment 970 #
Proposal for a directive Article 15 – paragraph 3 Amendment 971 #
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 Articles 5a, 5b, 5c and 6 of at least 10 years from the time when the offence was committed.
Amendment 972 #
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, 6a, 6b and 6c of at least 10 years from the time when the offence was committed.
Amendment 973 #
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 Articles 6 and 6a of at least 10 years from the time when the offence was committed.
Amendment 974 #
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
Amendment 975 #
Proposal for a directive Article 15 – paragraph 4 Amendment 976 #
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, 8, 8a, 9 and
Amendment 977 #
Proposal for a directive Article 15 – paragraph 5 Amendment 978 #
Proposal for a directive Article 15 – paragraph 5 Amendment 979 #
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 and shall be provided for at least 20 years.
Amendment 980 #
Proposal for a directive Article 15 a (new) Article 15 a Restorative justice services Member States shall take measures to ensure that in cases of violence against women the use of procedures of restorative justice services are allowed only when a previous evaluation by a specialised service ensures the free and informed consent of victims and that there are no indicators of further risks to them or their family members. These procedures shall be provided by professionals specially trained to understand and adequately intervene in cases of violence against women, ensuring adequate protection of the rights of women and children and that interventions are conducted in a gender- sensitive manner. Restorative justice services shall not constitute an obstacle to women’s access to formal justice.
Amendment 981 #
Proposal for a directive Article 15 a (new) Article 15 a Prohibition of alternative dispute resolution processes or sentencing Member States shall take the necessary legislative measures to prohibit alternative dispute resolution processes, including restorative justice, and other forms of mediation and conciliation, in relation to all forms of violence covered by the scope of this Directive.
Amendment 982 #
Proposal for a directive Article 16 – title 16 Reporting of
Amendment 983 #
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. Competent authorities must always consider that the crime presented by the victim is violence against women or domestic violence and therefore inquire this before the criminal complaint is filed. This shall include the possibility of reporting criminal offences online or through other information and communication technologies, including the possibility to submit evidence and meet all formal requirements of a complaint, in particular concerning reporting of criminal offences of cyber violence.
Amendment 984 #
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, after having received legal advice in a simple and accessible language, victims can report criminal offences of violence against women or domestic violence to the competent authorities in a
Amendment 985 #
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, and can receive help without facing prejudice and minimising attitudes from the authorities. 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 986 #
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
Amendment 987 #
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 all victims, including those referred to in Article 35(1), can report criminal offences of violence against women or domestic violence to the competent authorities in an easy, safe and accessible manner. This shall include the possibility of reporting criminal offences online or through other accessible and secure information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
Amendment 988 #
Proposal for a directive Article 16 – paragraph 1 1. In addition to the rights of victims
Amendment 989 #
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 with due regard for the victim’s privacy. 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 990 #
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 are informed that they 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.
Amendment 991 #
Proposal for a directive Article 16 – paragraph 1 a (new) 1 a. Member states shall ensure that victims are referred to a specialised and trained contact person within the competent authority irrespective of whether or not a criminal complaint is filed, and that any personal data of the victims shall not be revealed to offenders accessing the files.
Amendment 992 #
Proposal for a directive Article 16 – paragraph 1 a (new) 1 a. Member States shall ensure that victims have access to legal aid and assistance, free of charge and in a language they can understand, when reporting criminal offences and during judicial proceedings.
Amendment 993 #
Proposal for a directive Article 16 – paragraph 1 a (new) 1 a. Member States shall ensure that the victim is offered the possibility to be accompanied by a person of his or her choice from the first contact with the competent authorities.
Amendment 994 #
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
Amendment 995 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall take the necessary measures to encourage, assist and protect 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 the victims are timely informed about the third-party reports and that an adequate risk assessment, risk management and safety planning are implemented before adopting any measure against the perpetrator in order to ensure the safety of the victims.
Amendment 996 #
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 guarantee that the woman is informed about these third-party reports in advance and that an adequate risk assessment, risk management and safety planning are implemented BEFORE active steps are taken against the perpetrator to ensure the safety of the woman and her children.
Amendment 997 #
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 victims of gender specific crimes are entitled to effective witness protection if needed 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.
Amendment 998 #
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
Amendment 999 #
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 the victim is made aware, and adequate risk assessment and risk mitigation measures are taken, before steps are taken against the alleged perpetrator.
source: 740.668
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