44 Amendments of Caterina CHINNICI related to 2016/2328(INI)
Amendment 1 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the UN Convention on the Right of the Child;
Amendment 3 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- Having regard to the European Parliament Resolution on the EU accession to the Istanbul Convention to prevent and combat violence against women and domestic violence of 12 September 2017;
Amendment 5 #
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings,
Amendment 7 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- Having regard to Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children online and offline and to the European Parliament Resolution on the implementation of the Directive of 14 December 2017;
Amendment 8 #
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the study by the European Union Agency for Fundamental Rights (FRA) entitled 'Severe labour exploitation: workers moving within or into the European Union ', published in June 2015,
Amendment 11 #
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
- having regard to the survey by the European Union Agency for Fundamental Rights (FRA) entitled 'Second European Union minorities and discrimination survey', published in December 2017,
Amendment 12 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- Having regard to the study by the European Union Agency for Fundamental Rights (FRA) entitled ‘Child-friendly justice -Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States’, published in February 2017,
Amendment 13 #
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
- Having regard to the FRA Fundamental Rights Report 2017, published June 2017
Amendment 36 #
Motion for a resolution
Recital F
Recital F
F. whereas there is still a systematic underreporting of incidences or perpetrators of domestic violence in the EU, particularly in cases involving minorities, LGBT persons, antisemitic offences, child sexual abuse and gender- based violence;
Amendment 42 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the FRA study "Making hate crime visible in the European Union: acknowledging victims’ rights" states that an immigrant status enhances the risk of being criminally victimised, independent of other known risk factors;
Amendment 44 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas Article 1 of the Directive states that the rights set out in the Directive shall apply to victims in a non- discriminatory manner, including with respect to their residence status;
Amendment 46 #
Motion for a resolution
Recital F c (new)
Recital F c (new)
F c. whereas the FRA study on "Severe labour exploitation: workers moving within or into the European Union" states that victims of severe labour exploitation who are in an irregular situation of residence are discouraged by their status from reporting to any public authority;
Amendment 48 #
Motion for a resolution
Recital F d (new)
Recital F d (new)
F d. whereas the FRA survey "Second European Union minorities and discrimination survey" states that only one out of eight respondents reported or filed a complaint about the most recent incident of discrimination they experienced because of their ethnic or immigrant background;
Amendment 57 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the ratification and full implementation of the Istanbul Convention provides a coherent European legal framework to prevent and combat violence against women and to protect the victims;
Amendment 62 #
Motion for a resolution
Recital I – indent 4
Recital I – indent 4
- ensuring equal accessibility for all victims to victim support services, particularly in the cases of child victims, LGBT victims and victims of hate crimes and honour- related crimes;
Amendment 67 #
Motion for a resolution
Recital I – indent 5 a (new)
Recital I – indent 5 a (new)
- Whereas witness testimony is crucial to the proper functioning of the criminal justice system in any state upholding the rule of law;
Amendment 70 #
Motion for a resolution
Recital I – indent 5 b (new)
Recital I – indent 5 b (new)
- Whereas witnesses are essential for the effective investigation on and prosecution of organised crime and terrorist groups, which often finance their activities through transnational human trafficking, minors sexual exploitation and trade in child sexual abuse material;
Amendment 72 #
Motion for a resolution
Recital I – indent 5 c (new)
Recital I – indent 5 c (new)
- Whereas witness contribution is fundamental to dismantle transnational criminal organisations as well as terrorist groups;
Amendment 76 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas only 27% of Europeans are familiar with the single European emergency telephone number 112, and not everyone has access to it yet;
Amendment 85 #
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
- the fact that clear information is often not provided in more than one language, making it de facto difficult for victims to seek protection abroad in another Member State;
Amendment 96 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encouragescalls on the Member States to promote access to justice, as this contributes greatly to breaking the silence and increasing the victim’s sense of justice, decreases the possibility of impunity and allows the victim to begin the process of psychological recovery;
Amendment 114 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that one of the most important objectives of the Victims’ Rights Directive wais to improve the position of victims of crime across the EU and to place the victim at the centre of the criminal justice system;
Amendment 119 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Member States to step up criminal procedure law measures guaranteeing the protection of child victims throughout the entirety of criminal proceedings and thereafter to ensure that they receive assistance and support, thereby avoiding that child victims are exposed to secondary victimisation;
Amendment 129 #
Motion for a resolution
Paragraph 11 – subparagraph 1 (new)
Paragraph 11 – subparagraph 1 (new)
Recalls that some victims have specific needs based on the type or on the circumstances of crime they are victim of. Individual assessment is particularly needed for victims of trafficking in human beings and child victims of sexual abuse, given the social, physical and psychological repercussions of these crimes;
Amendment 131 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to pay particular attention to the individual assessment of minorschildren and of child victims of human trafficking, child sexual abuse and exploitation; recalls that child victims shall be always considered to have specific protection needs due to their vulnerability as foreseen in art.22 par 4 of the Directive;
Amendment 136 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the fact that individual assessments are crucial as they help the victim realise that he or she has certain rights, and the right to make decisions, in the proceedings they are involved in and, if a child, the right to have access to the specific procedural safeguards that would apply to them from the very beginning of the legal proceedings;
Amendment 143 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victims, as a means of reducing post-traumatic stress; recalls that particular attention should be given to training professionals dealing with victims of child-related crimes, especially in cases of sexual abuse and sexual exploitation; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- set;
Amendment 149 #
Motion for a resolution
Paragraph 15 – subparagraph 1 (new)
Paragraph 15 – subparagraph 1 (new)
Recalls that children victims of crime are particularly vulnerable and should therefore be assisted by professionals specially trained to deal with them, taking into account the needs associated with different age groups, and to communicate in a child friendly manner;
Amendment 162 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reminds the Member States of the requirement to provide translation and interpretation services free of charge, noting that lack of information in other languages may constitutes an obstacle for the effective protection of the victim and a form of discrimination against the victim;
Amendment 166 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Commission and the Member States to engage actively in information campaigns to increase awareness about the rights of victims as established by EU law, including the specific needs of child victims;
Amendment 168 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Encourages Member States to set up awareness campaigns both at regional and national level to foster a cultural change in public opinion to avoid any victim-blaming attitude or behaviour engaged in some communities, which may result in additional trauma for victims of specific crimes such as gender based violence or sexual abuse;
Amendment 171 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Member States to exchange best practices on establishing mechanisms to encourage and facilitate for victims to report the crimes they have suffered; Calls on the Member States to step up specific measures to protect more effectively child victims of child sexual abuse by also improving the role of national helplines, given that self- reporting of children is limited;
Amendment 177 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to counteract the judicial and practical flaws in the implementation of this directive by a proper interplay of the various EU victim- protection instruments, such as Directive 2011/99/EU of 31 December 2011 on the European Protection Order, Directive 2011/36/ EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, Directive 2011/93/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and Directive 2014/42/EU of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime; calls on the Member States to implement these important instruments, including the Istanbul Convention on preventing and combating violence against women and girls, with coherence in order to ensure that victims in Europe fully enjoy their rights;
Amendment 178 #
Motion for a resolution
Paragraph 23 – subparagraph 1 (new)
Paragraph 23 – subparagraph 1 (new)
Recalls that an efficient set of guarantees in terms of witness protection is key to enhance the trust in criminal justice systems and consequently to fight against transnational organised crime;
Amendment 179 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Encourages Member States to take appropriate measures to effectively protect witnesses from potential retaliations or intimidations as well as to step up the exchange of best practices and international cooperation in this area;
Amendment 183 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to put in place measures to ensure that written and oral communications comply with simple language standards taking in consideration vulnerable groups such as children and people with disabilities, so that victims can be kept informed in an adequate and targeted manner before, during and after criminal proceedings;
Amendment 188 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the seven Member States that have not yet done so to consider stalking a criminal offense on the basis of the relevant provisions in the directive on the right to protection of privacy, the right to protection and, in particular, the right to avoid contact with the offender and as called for under art.34 of the Istanbul Convention to prevent and combat violence against women and girls;
Amendment 194 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States to guarantee assistance to victims from victim support services before, during and after criminal proceedings, including psychological support; deplores the fact that in some countries, governments rely heavily on NGOs to provide key support services to victims (‘volunteerism’)underlines the important role of civil society in victims support; considers nevertheless that governments shall not rely only on NGOs to provide key support services to victims (‘volunteerism’) and shall build capacity to develop victims support mechanisms, involving law enforcement authorities, health and social services and civil society;
Amendment 202 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on all Member States to tacklecombat impunity at all times asnd ensure that perpetrators are brought to justice, so that victims can feel protected; not doing so could have a severe impact the psychological recovery process of the victim;
Amendment 228 #
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Encourages Members States to provide adequate information material as well as free legal aid to victims of terrorism who are parties to criminal proceedings to obtain a decision on compensation;
Amendment 237 #
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on all Member States and the EU to ratify and fully enforce the Council of Europe Istanbul Convention to prevent and combat violence against women and girls and protect victims;
Amendment 238 #
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on the Member States to ensure that the 112 emergency hotline is fully accessible for disabled persons and that awareness of it is raised through campaigns;
Amendment 239 #
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35 b. Calls on Member States to set up mechanisms for recovering adequate compensation payments from the offender;
Amendment 244 #
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Calls on the Commission to submit a legal act to support Member States in the prevention and suppression of all forms of violence against women and girls and of gender-based violence;