Activities of Mikael GUSTAFSSON related to 2011/0129(COD)
Plenary speeches (1)
Minimum standards on the rights, support and protection of victims of crime (debate)
Amendments (18)
Amendment 117 #
Proposal for a directive
Recital 7
Recital 7
(7) This Directive respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular it seeks to promote the right to dignity, life, physical and mental integrity, private and family lifethe right to non-discrimination, the right to respect for private and family life, the principle of gender equality, right to property, and the rights of the child, the elderly and persons with disabilities, and the right to a fair trial.
Amendment 151 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to respond to the specific needs of women victims of gender-based violence, specific support structures are essential. Those structures should be built upon the experience and expertise of the women’s shelter movement, and should reinforce their capacity to develop further their victim support activities.
Amendment 152 #
Proposal for a directive
Recital 14
Recital 14
(14) Although the provision of support should not be dependent on a victim making a complaint of an offence to a competent authority such as the police, such authorities are often best placed to inform victims of the possibility of support. Member States are therefore encouraged to establish appropriate conditions to enable the referral of victims to victim support services, including by ensuring that data protection requirements can be adhered to. In cases of specific types of crimes, such as gender-based violence, referral should be made directly to specialised victim support services in order to avoid stress caused by repeat referral.
Amendment 167 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Gender-based violence refers to violence that is directed against a person because of his or her gender. It is a form of violence that affects women disproportionately and it may be interrelated but is not limited to cases of violence in close relationships, sexual violence (including sexual assault and sexual harassment), sexual trafficking and slavery, intimate relationship violence and other harmful practices such as forced marriages and female genital mutilation. Homophobic and transphobic attacks have also been defined as a form of gender-based violence. Research shows that one-fifth to one-quarter of all women have experienced physical violence at least once during their adult lives and more than one-tenth have suffered sexual violence involving the use of force. It is therefore crucial to criminalise all forms of gender-based violence and provide victims with specific prevention and protection measures, and remedies. Women victims of gender-based violence and their children also require special attention and protection because of a high risk of repeat victimisation with this type of crime and due to the severe trauma such a crime causes because it is committed by a person the victim should be able to trust and also because victims cannot rely on support by the partner in overcoming the trauma.
Amendment 244 #
Proposal for a directive
Article 2 – point g a (new)
Article 2 – point g a (new)
(ga) ‘gender-based violence’ means violence against a woman which is directed against her because she is a woman, or that affects women disproportionally, or violence that is directed against a person because of his or her gender or gender identity.
Amendment 248 #
Proposal for a directive
Article 2 – point g b (new)
Article 2 – point g b (new)
(gb)’violence in close relationships’ means violence that is committed against a victim by a person who is a current or former spouse or partner or other family member of the victim. Women are affected disproportionally by this type of violence.
Amendment 266 #
Proposal for a directive
Article 3 – point j a (new)
Article 3 – point j a (new)
(ja) how and under which conditions they can obtain protection measures.
Amendment 280 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that victims are offered the opportunity to be notified when the person, without unnecessary delay, when the person arrested, remanded in custody, prosecuted or sentenced for offences concerning them is released from or has escaped detention. Victims shall receive this information where they have expressed such a wish. also be informed of any measures taken for the protection of victims such as restraining orders or no- contact orders. Member States shall ensure that victims are provided with effective support and assistance when receiving that information.
Amendment 314 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that victims and their family members, in accordance with their needs, have access to free of charge, confidential victim support services acting independently and in the interest of the victim from the moment the victims suffer harm, during the criminal proceedings and after their conclusion and regardless of where the crime took place.
Amendment 328 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall promotensure the setting up or development of specialist support services, including women's shelters, specialist support services for victims of gender-based violence, victims of violence in close relationships and their family members, in addition to general victim support services.
Amendment 361 #
Proposal for a directive
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) discussions in mediation or other restorative justice processes that are not conducted in public are confidential and are not subsequently disclosed, except if the accused commits acts which are subject to criminal or other sanctions during the process, or with the agreement of the parties or as required by national law due to an overriding public interest.
Amendment 364 #
Proposal for a directive
Article 11 – paragraph 1 – point e a (new)
Article 11 – paragraph 1 – point e a (new)
(ea) victims should have the right to a support person in all restorative justice processes.
Amendment 371 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Restorative justice measures should not be applied in cases of severe or repeat violation of the physical, sexual, or psychological integrity of the victim.
Amendment 404 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The measures referred to in paragraph 1, shall in particular include procedures for the physical protection of victims and their family members, measures to ensure that contact between offenders and victims may be avoided within premises whsuch as emergency barring orders, protection and restraining orders, measures to ensure that contact between offenders and victims and their family members can be avoided from the time of reporting, during and aftere criminal proceedings are conductedand other legal proceedings, and measures to ensure that the risk of psychological or emotional harm to victims during questioning or when testifying is minimised and their safety and dignity are secured.
Amendment 448 #
Proposal for a directive
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
Amendment 463 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
Member States shall, in the case of gender-based violence, respect the rights of victims not to be interviewed by the perpetrator in court.
Amendment 502 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Professional staff that come into contact with victims and have the opportunity to be involved in a process that begins to repair the harm caused to victims and Member States shall ensure that police, prosecutors and, court staff receive both general and specialist, lawyers and any other officials likely to come into contact with victims, receive the necessary support and training to a level appropriate to their contact with victims to sensitise them to the needs of victims and to deal with them in an impartial, respectful and, professional manner, and empowering manner, and to contribute to begin to repair harm and rebuild trust.
Amendment 535 #
Proposal for a directive
Article 27
Article 27
Member States shall communicate to the European Commission data related to the application of national procedures on victims of crime by [two years after the date of adop, including at least the number of reported crimes, gender and age of victims and alleged perpetrators, nationality of the victims, the relationship of the perpetrator to the victim, the number, type or nature of the reported crimes, the attrition]s at the latestnd the number of convictions, the protective measures issued, and the type of services that victims were referred to by ...*.