Activities of Nathalie COLIN-OESTERLÉ related to 2022/0066(COD)
Plenary speeches (1)
Combating violence against women and domestic violence (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence
Amendments (92)
Amendment 298 #
Proposal for a directive
Recital 11
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, women living in remote areas, pregnant, 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 328 #
Proposal for a directive
Recital 14 a (new)
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 337 #
Proposal for a directive
Recital 15 a (new)
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 351 #
Proposal for a directive
Recital 16 a (new)
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 358 #
Proposal for a directive
Recital 16 b (new)
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 378 #
Proposal for a directive
Recital 19 a (new)
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 380 #
Proposal for a directive
Recital 19 b (new)
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 389 #
Proposal for a directive
Recital 21
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 ofone or more end-users. Such broad attacks, including coordinated online mob attacks, may morph into offline assault or cause significant psychological injury and in extreme cases lead to suicide of the victim. They often target prominent (female) politicians, journalists or otherwise well-known persons, but they can also occur in different contexts, for instance on campuses or in schools. Such online violence should be addressed especially where the attacks occur on a wide-scale, for example in the form of pile- on harassment by a significant amount of people.
Amendment 481 #
Proposal for a directive
Recital 39
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 ofone or more end-users, through information and communication technologies, of material, resulting from certain offences of cyber violence, considering the ease and speed with which such material can be distributed on a large scale and the difficulties that often exist when it comes to removing such material. That risk typically remains even after a conviction. Therefore, in order to effectively safeguard the rights of the victims of those offences, Member States should be required to take suitable measures aimed at the removal of the material in question. Considering that removal at the source may not always be feasible, for instance because of legal or practical difficulties relating to the execution or enforcement of an order to remove, Member States should also be allowed to provide for measures to disable access to such material.
Amendment 496 #
Proposal for a directive
Recital 45
Recital 45
(45) Assistance and support to victims of violence against women and domestic violence should be provided before, duringimmediately after the individual assessment and for an appropriate period after the criminal proceedings have ended, if such proceedings were initiated, 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 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 518 #
Proposal for a directive
Recital 48
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 coordinated through a central contact point. To ensure also all victims, including those in remote areas or unable to physically reach such centres are reached, Member States should provide for online remote 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 by setting up an app, a website and a helpline that is available 24/7.
Amendment 521 #
Proposal for a directive
Recital 48 a (new)
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)
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)
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 546 #
Proposal for a directive
Recital 52
Recital 52
Amendment 555 #
Proposal for a directive
Recital 53
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, sthey must be solely for women who are victims of domestic and sexual violence. Shelters and other appropriate interim accommodations must be geographically distributed in an appropriate manner, with one family place per 10 000 of population, as recommended by the final activity report of the Council of Europe’s Task Force to Combat Violence against Women, including Domestic Violence (EG-TFV (2008)6). Shelters should provide the necessary support concerning interlocking problems related to victims’ health, professional and financial situation and the well-being of their children, ultimately preparing victims for an autonomous life.
Amendment 564 #
Proposal for a directive
Recital 53 a (new)
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
Recital 54
(54) To effectively address negative consequences for child victims, support measures to children should include and support them as well as possible, including during court proceedings, multidimensional support measures to children should include, in particular, support from professionals trained in listening to child victims, age- appropriate psychological counselling, legal support provided free of charge, 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. Such measures should be made available on a long-term basis, in line with the victim’s needs. 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 574 #
Proposal for a directive
Recital 55
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 624 #
Proposal for a directive
Recital 60
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 European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
Amendment 667 #
Proposal for a directive
Article premier – paragraph 1 – point b
Article premier – paragraph 1 – point b
(b) the rights of victims of all forms of violence against women or domestic violence before, during or after criminal proceedings;
Amendment 773 #
Proposal for a directive
Article 5 – paragraph 2
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 778 #
Proposal for a directive
Article 5 – paragraph 3
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 conductConsent shall be assessed as of the time of the offence.
Amendment 785 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
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 787 #
Proposal for a directive
Article 5 a (new)
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 789 #
Proposal for a directive
Article 5 b (new)
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)
Article 5 c (new)
Amendment 791 #
Proposal for a directive
Article 5 d (new)
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 796 #
Proposal for a directive
Article 6 – paragraph 1 – point b
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 822 #
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) making intimate images, or videos or other material depicting sexualor evoking sexual or intimate activities, of another person without that person’s consent accessible to a multitude ofone or more end-users by means of information and communication technologies;
Amendment 833 #
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) producing or manipulating and subsequently making accessible to a multitude ofone or more end-users, by means of information and communication technologies, images, videos or other material, making it appear as though another person is engaged in sexual activities or exposing themselves intimately, without that person’s consent;
Amendment 837 #
Proposal for a directive
Article 7 – paragraph 1 – point b a (new)
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 849 #
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
Amendment 859 #
Proposal for a directive
Article 8 – paragraph 1 – point c
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 ofone or more 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 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 868 #
Proposal for a directive
Article 9 – paragraph 1 – point a
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 a multitude of end-users,one or more end-users and inciting them to share that material by means of information and communication technologies, with. This behaviour can have the effect of causing significant psychological or financial harm to the attacked person;
Amendment 875 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) participating alone or with third parties in attacks referred to in point (a).
Amendment 907 #
Proposal for a directive
Article 12 – paragraph 3 a (new)
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 909 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offence referred to in Article 6 iss 5a, 5b, 5c and 6 are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 943 #
Proposal for a directive
Article 13 – paragraph 1 – point j
Article 13 – paragraph 1 – point j
(j) the offender has previously been convicted of offences of the samea similar nature;
Amendment 947 #
Proposal for a directive
Article 13 – paragraph 1 – point o
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 952 #
Proposal for a directive
Article 13 – paragraph 1 – point o a (new)
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 956 #
Proposal for a directive
Article 13 – paragraph 1 – point o b (new)
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 965 #
Proposal for a directive
Article 15 – paragraph 2
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 971 #
Proposal for a directive
Article 15 – paragraph 3
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 989 #
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 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 1004 #
Proposal for a directive
Article 16 – paragraph 3
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 physphysical or psychological harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that a serious act of violence covered under this Directive has been committed or further serious acts of violence are to be expected.
Amendment 1010 #
Proposal for a directive
Article 16 – paragraph 4
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 1040 #
Proposal for a directive
Article 17 – paragraph 4
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.
Amendment 1047 #
Proposal for a directive
Article 17 – paragraph 5 a (new)
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 1053 #
Proposal for a directive
Article 18 – paragraph 1
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 1074 #
Proposal for a directive
Article 18 – paragraph 5 – point c
Article 18 – paragraph 5 – point c
(c) further measures to protect the victim, such as requiring the offender to wear an electronic anti-approach bracelet or providing the victim with a serious danger phone, or any other measure to manage the offender or suspect’s behaviour, in particular under Article 38 of this Directive.
Amendment 1080 #
Proposal for a directive
Article 18 – paragraph 6
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 1085 #
Proposal for a directive
Article 18 – paragraph 7
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 1125 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall ensure that, in situations of immediate danger for the victim’s or their dependant’s health or safety, the competent authorities issue orders addressed at an offender or suspect of violence covered by this Directive to vacate the residence of the victim or their dependants for a sufficient given period of time and to prohibit the offender or suspect from entering the residence or to enter the victim’sbeing within a certain distance of the victim, entering or being within a certain distance of the victim’s residence or workplace or contacting the victim or their dependants in any way. Such orders shall have immediate effect and not be dependent on a victim reporting the criminal offence and can be issued independently of the reporting of the criminal offence or the initiation of a prosecution by the victim.
Amendment 1133 #
Proposal for a directive
Article 21 – paragraph 2 a (new)
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 1138 #
Proposal for a directive
Article 21 – paragraph 2 b (new)
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)
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 1141 #
Proposal for a directive
Article 21 – paragraph 2 d (new)
Article 21 – paragraph 2 d (new)
Amendment 1147 #
Proposal for a directive
Article 21 – paragraph 5 a (new)
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)
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 1161 #
Proposal for a directive
Article 23 – paragraph 1 – point b
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 1165 #
Proposal for a directive
Article 23 – paragraph 1 – point b a (new)
Article 23 – paragraph 1 – point b a (new)
(ba) how to complete the individual file referred to in Article 35a;
Amendment 1226 #
Proposal for a directive
Article 25 a (new)
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 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 1256 #
Proposal for a directive
Article 27 – paragraph 1 – point a
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 1300 #
Proposal for a directive
Article 27 – paragraph 7
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 1309 #
Proposal for a directive
Article 27 a (new)
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 1351 #
Proposal for a directive
Article 30 – paragraph 1 a (new)
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 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 1361 #
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) telephone helplines, free of charge, to provide advice for women victims of violence against women and domestic violence. Advice shall be provided by qualified individuals 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 providing all national emergency numbers and describing other support mechanisms existing in each Member State.
Amendment 1368 #
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, 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 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 1369 #
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
4. [Member States shall ensure that the service under paragraph 1 for women who are victims of violence against womennd domestic violence is operated under the harmonised number at EU level “116 016” and that the end-users are adequately informed of the existence and use of such number via large-scale communication campaigns in each Member State. The EU harmonised telephone number shall be introduced in parallel with any other existing national number, where appropriate.]
Amendment 1379 #
Proposal for a directive
Article 32 – paragraph 1 a (new)
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 1390 #
Proposal for a directive
Article 32 – paragraph 4 a (new)
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 1393 #
Proposal for a directive
Article 33 – paragraph 1
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. in accordance with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child.
Amendment 1398 #
Proposal for a directive
Article 33 – paragraph 2
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 1402 #
Proposal for a directive
Article 33 – paragraph 3
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 1405 #
Proposal for a directive
Article 33 – paragraph 3 a (new)
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 1412 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall establish and maintain safe placesufficient numbers of safe places that are adequately secure and separate from the home, 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. Domestic violence incidents must be systematically taken into account, in the best interests of the child, when determining 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.
Amendment 1428 #
Proposal for a directive
Article 35 a (new)
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 1461 #
Proposal for a directive
Article 36 – paragraph 2
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 1507 #
Proposal for a directive
Article 37 – paragraph 1
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 1520 #
Proposal for a directive
Article 37 – paragraph 2
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 female genital mutilationthe offences listed in Chapter 2 of this Directive.
Amendment 1586 #
Proposal for a directive
Article 41 – paragraph 1 a (new)
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 1598 #
Proposal for a directive
Article 43 – paragraph 1 – point c a (new)
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 1612 #
Proposal for a directive
Article 44 – paragraph 2 – point a
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 1615 #
Proposal for a directive
Article 44 – paragraph 2 – point a a (new)
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)
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)
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)
Article 44 – paragraph 2 – point a d (new)
(ad) the number of women who have died because of their sex or gender;