24 Amendments of Manon AUBRY related to 2022/0066(COD)
Amendment 121 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
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 123 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
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)
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 131 #
Proposal for a directive
Article 4 – paragraph 1 – point j a (new)
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 133 #
Proposal for a directive
Article 4 – paragraph 1 – point j b (new)
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 148 #
Proposal for a directive
Article 16 – paragraph 1
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 172 #
Proposal for a directive
Article 21 – paragraph 1 a (new)
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)
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)
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 189 #
Proposal for a directive
Article 26 a (new)
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 205 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall set up state- wide round-the-clock (24/7) teleensure, and provide all resources for the establishment at national level of specialised, phone helplines, free of charge, to provide advice for victims of violence against women and domestic violenceor women victims of violence, or shall support the development of existing national helplines in those Member States where they exist, to provide counselling, support, advice and information to victims of violence against women and domestic violence. The helplines shall be round-the-clock (24/7), free of charge and staffed with a sufficient number of counsellors. The counselling, advice and information shall cover all forms of violence against women, including domestic violence, which disproportionately affect women. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications.
Amendment 210 #
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Member States shall take appropriate measures to ensure the accessibility of services referred to in paragraph 1 for end-users with disabilities and to women who do not speak the national language, including providing support in easy to understand language and interpretation. Those services shall be accessible in line with the accessibility requirements for electronic communications services set in Annex I to Directive 2019/882/EU of the European Parliament and of the Council52 . _________________ 52 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services, OJ L 151, 7.6.2019, p. 70–115.
Amendment 212 #
Proposal for a directive
Article 31 – paragraph 3 a (new)
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)
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
Article 31 – paragraph 4
Amendment 216 #
Proposal for a directive
Article 32 – paragraph 1
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 221 #
Proposal for a directive
Article 32 – paragraph 4 a (new)
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 228 #
Proposal for a directive
Article 33 – paragraph 3
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 230 #
Proposal for a directive
Article 33 a (new)
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 237 #
Proposal for a directive
Article 36 – paragraph 1
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
Article 36 – paragraph 2
2. Preventive measures shall include long-term awareness-raising campaigns, research and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakehold to deconstruct gender stereotypes, behaviours that fully respect the equality of rights and dignity between women and men, research into the risk factors favouring violence against women, including domestic violence, and protection mechanisms and programme evaluation.and education programmes, They include in particular programmes of emotional and sexual education with respect for the other, with a gender equality approach, from the youngest age, and adapted to the age throughout the schooling. These measures shall be developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders. These prevention measures should be evidence-based, apply a human rights and life-span approach, be based on gender equality and be implemented by trained prevention workers.
Amendment 243 #
Proposal for a directive
Article 36 – paragraph 3
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 247 #
Proposal for a directive
Article 36 – paragraph 4 a (new)
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 250 #
Proposal for a directive
Article 36 – paragraph 5
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.