Activities of Sylvie BRUNET related to 2022/0066(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence
Amendments (73)
Amendment 34 #
Proposal for a directive
Recital 4
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- 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 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 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
Amendment 42 #
Proposal for a directive
Recital 7
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
Recital 8
(8) Domestic violence is a seriousgrave social problem which often remains hidden as a result of societal stigmatisation of the subject. It can lead to serious psychological and physical trauma with severe consequences for a victim's personal and professional life 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 45 #
Proposal for a directive
Recital 9
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 address their specific needs. _________________ 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 48 #
Proposal for a directive
Recital 10
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 United Nations Convention on the Rights of Persons with Disabilities (CRPD) and 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 Violence and Harassment Convention, 2019 (No. 190), the International Labour Organization’s Discrimination (Employment and Occupation) Convention, 1958 (No 111) and the International Labour Organization’s Domestic Workers Convention, 21 June 2019 in Geneva012 (No 189). _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.
Amendment 55 #
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 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 or, sexual orientation, gender identity and expression and sex characteristics. 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 56 #
Proposal for a directive
Recital 12
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 60 #
Proposal for a directive
Recital 13
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 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. and girls.
Amendment 61 #
Proposal for a directive
Recital 16 a (new)
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 64 #
Proposal for a directive
Recital 17
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 public life, particularly women politicians, journalists and human rights defenders. It can have the effect of silencing women and hindering their societal and professional 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 67 #
Proposal for a directive
Recital 19
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 verextremely 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, 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 79 #
Proposal for a directive
Recital 29
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, recent birth of a child or the victim’s living situation with, dependence on or relationship to the offender.
Amendment 81 #
Proposal for a directive
Recital 32
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 specialised 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 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. _________________ 41 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), (OJ L 119, 4.5.2016, p. 1–88).
Amendment 83 #
Proposal for a directive
Recital 33
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
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 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 37). 43 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23). 44 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the applicationof the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1).
Amendment 90 #
Proposal for a directive
Recital 44
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 identity.
Amendment 97 #
Proposal for a directive
Recital 50
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)
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 102 #
Proposal for a directive
Recital 51
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 both for the victims and the employers, advice on adequatelyfor everyone at work, impacting workplace relations and productivity, advice should be provided by external counselling services to both workers and employers on adequately preventing and addressing such instances atin the workplace,ld of work, including through social dialogue and 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. Such support should be specialised, gender-sensitive, free of charge and confidential.
Amendment 106 #
Proposal for a directive
Recital 51 a (new)
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 108 #
Proposal for a directive
Recital 51 b (new)
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 112 #
Proposal for a directive
Recital 51 c (new)
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 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
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 120 #
Proposal for a directive
Recital 56
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 areaLBTI+ women, expectant and new mothers, living in rural areas, living in institutions, women sex workers, detainees, or older women, should receive specific protection and support.
Amendment 121 #
Proposal for a directive
Recital 57
Recital 57
(57) Women and girls with disabilityies disproportionately experience violence against women and domestic violence and due to theirboth within and outside their home. Due to a lack of accessible protection and support measures, victims with disabilityies often have difficulties in advocating for themselves, being heard and believed and accessing such 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 in being able to reach out for or receive help.
Amendment 129 #
Proposal for a directive
Recital 58
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. with a particular focus on addressing boys and young men.
Amendment 133 #
Proposal for a directive
Recital 59
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 is not perceivcan never be perceived or used as a justification for, or a more lenient treatment of, offences of violence against women or domestic violence. Considering that from a very young age onwards, children are exposed to gender roles that shape their self-perception and influence their academic and professional choices as well as expectations of their roles as women and men throughout their life, it is crucial to address gender stereotypes and respect for explicit consent and bodily autonomy as of early-childhood education and care.
Amendment 137 #
Proposal for a directive
Recital 60
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 sexual harassment atviolence and harassment in the world of work, persons with supervisory functions should also receive such training. These trainings should also cover assessments regarding in particular 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 or assaulted 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 138 #
Proposal for a directive
Recital 60 a (new)
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 142 #
Proposal for a directive
Recital 62
Recital 62
(62) IEarly 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 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 149 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) the rights of victims of all forms of violence against women or domestic violence before, during orand after criminal proceedings;
Amendment 153 #
Proposal for a directive
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(c a) preventive measures.
Amendment 155 #
Proposal for a directive
Article 2 – paragraph 1
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 158 #
Proposal for a directive
Article 4 – paragraph 1 – point a
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 165 #
Proposal for a directive
Article 4 – paragraph 1 – point f a (new)
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
Article 4 – paragraph 1 – point g
(g) “sexual harassment at work” means any form ofgender-based violence and harassment in the world of work” means any form of violence and harassment directed at persons because of their sex or gender, or affecting persons of a particular sex or gender disproportionately, in particular sexual harassment which includes any 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 jobseeking, training including interns and apprentices, employment, occupation and self-employment in both the public and private sector, 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 177 #
Proposal for a directive
Article 6 a (new)
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 188 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offences referred to in Article 6 isand 6a 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 194 #
Proposal for a directive
Article 13 – paragraph 1 – point b
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 198 #
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 Article 6 and 6a of at least 10 years from the time when the offence was committed.
Amendment 202 #
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, 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 211 #
Proposal for a directive
Article 18 – paragraph 4
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
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 216 #
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 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 220 #
Proposal for a directive
Article 23 – paragraph 1 – point c
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
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
Article 23 – paragraph 1 – point f
(f) how to avoid gender stereotypes and unconscious bias;
Amendment 231 #
Proposal for a directive
Article 27 – paragraph 1 – introductory part
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
Article 27 – paragraph 1 – point a
(a) advice and information, advice and support on any relevant legal or practical matters arising as a result of the crime, including on access to adequate housing, education, training and assistance to remain in or find employment. Accessible housing shall be provided when needed;
Amendment 241 #
Proposal for a directive
Article 27 – paragraph 3
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- governmental organisations.
Amendment 246 #
Proposal for a directive
Article 27 – paragraph 5
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 251 #
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Amendment 254 #
Proposal for a directive
Article 30 – title
Article 30 – title
Specialist support for victims of sexual harassment atgender- based violence and harassment in the world of work
Amendment 259 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall ensure external specialised, gender-sensitive, free of charge and confidential counselling services are available for victimboth workers and employers in cases of gender-based violence and harassment, particularly sexual harassment atin the world of work. These services shall include advice on adequately preventing and addressing such instances atin the workplacld of work including through social dialogue, 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 266 #
Proposal for a directive
Article 30 a (new)
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 269 #
Proposal for a directive
Article 30 b (new)
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 279 #
Proposal for a directive
Article 32 – paragraph 2 a (new)
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 283 #
Proposal for a directive
Article 35 – paragraph 1
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 289 #
Proposal for a directive
Article 36 – paragraph 2
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 292 #
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Targeted action shall be addressed to groups at risk, including children, according to their age and maturity, andolder persons, persons with disabilities, persons living in institutions, LGBTI+ persons, migrants, refugees, expectant and new parents and persons experiencing homelessness taking into consideration language 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
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
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 300 #
Proposal for a directive
Article 36 – paragraph 8
Article 36 – paragraph 8
8. Member States shall ensure that sexual harassment atgender-based violence and harassment in the world of 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 305 #
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, prevent and address instances of violence against women or domestic violence, avoid further violence or revictimisationd to treat victims in a trauma-, gender-, disability- and child- sensitive manner.
Amendment 306 #
Proposal for a directive
Article 37 – paragraph 2
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 310 #
Proposal for a directive
Article 37 – paragraph 3
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 sexual harassment atgender-based violence and harassment in the world of work, including on risk assessments concerning occupational safety and health risks, their reporting obligations, to provide support to victims affected thereby and respond in an adequate manner in particular as regards appropriate specialised support services to refer victims to and the rights set out in this directive. 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 311 #
Proposal for a directive
Article 37 – paragraph 3 a (new)
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 316 #
Proposal for a directive
Article 37 – paragraph 7
Article 37 – paragraph 7
7. Training activities referred to in paragraphs 1, 2, 3 and 26 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 sex or gender and other grounds.
Amendment 320 #
Proposal for a directive
Article 38 – title
Article 38 – title
Amendment 321 #
Proposal for a directive
Article 38 – paragraph 1
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 325 #
Proposal for a directive
Article 40 – paragraph 1
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- governmental 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 333 #
Proposal for a directive
Article 44 – paragraph 2 – introductory part
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 of offence and setting where the offence took place: