27 Amendments of Angelika WINZIG related to 2022/0066(COD)
Amendment 36 #
Proposal for a directive
Recital 47
Recital 47
(47) Specialist support should offer victims support tailored to their specific needs, and irrespective of any official complaint. Such services could be provided in addition to, or as an integrated part of, general victim support services, which may call on existing entities providing specialist support. Specialist support may be provided by national authorities, victims’ support organisations, or other non- governmental organisations. They should be granted sufficient human and financial resources and, where the services are provided by non-governmental organisations, Member States should be responsible of ensureing that they receive appropriate funds.
Amendment 38 #
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47 a) Stresses the Member States' responsibility of ensuring sufficient human and financial resources to provide specialist support services for victims of acts of violence covered by this Directive; Additionally, highlights the synergies with existing EU policy provisions in the policy and notably the work done under the DAPHNE strand in preventing and combating gender-based violence through the Union budget; notes that the financing of specific Union programmes is decided at the context of the annual budgetary procedure.
Amendment 48 #
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall ensure that specialist support services referred to in Article 9(3) of Directive 2012/29/EU are availabldequately geographically distributed and available free of charge for victims of acts of violence covered by this Directive. The specialist support services shall provide, at the earliest possible stage:
Amendment 49 #
Proposal for a directive
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) advice and, information and support on any relevant legal or practical matters arising as a result of the crime, including on access to shelter, housing, education, childcare, financial entitlements, training and assistance to remain in or find employment;
Amendment 50 #
Proposal for a directive
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) referrals to medical care, rape crisis centres, sexual violence referral centres and forensic examinations;
Amendment 51 #
Proposal for a directive
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) support to victims of cyber violence, including advice on judicial remedies and remedies to remove online content related to the crime as well as referrals to IT-specialists with the ability to remediate compromised hardware from malicious software, including stalkerware.
Amendment 53 #
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Member States shall ensure sufficientadequate human and financial resources to provide the services referred to in paragraph 1, especially those referred to in point (c) of that paragraph, including where such services are provided by non- governmental organisations.
Amendment 54 #
Proposal for a directive
Article 27 – paragraph 4
Article 27 – paragraph 4
4. Member States shall provide the protection and specialist support services necessary to comprehensively address the multiple needs of victims at the same premises, or have such services coordinated through a central contact point, or through one-stop online access to such services. Such combined offering of services shall include at least first hand medical care and, referral to further medical care, social services, psychosocial support, technical support, legal, and police services.
Amendment 55 #
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 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 medical and 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 discrimination based on a combination of sex and other grounds of discrimination.
Amendment 56 #
Proposal for a directive
Article 27 – paragraph 6
Article 27 – paragraph 6
6. Member States shall ensure that specialist medical and support services remain fully operational for victims of violence against women and domestic violence in times of crisis, such as health crises or other states of emergency.
Amendment 58 #
Proposal for a directive
Article 27 – paragraph 7
Article 27 – paragraph 7
7. Member States shall ensure that specialist support services are available without delay to victims before, during and for an appropriate time after criminal proceedings. The access to such services shall not be dependent on a victim making a formal complaint.
Amendment 59 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence. These centres shall provide for basic medical care and forensic examinations, timely referral to other medical care, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.
Amendment 60 #
Proposal for a directive
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1 a. Member states should ensure that evidence gathering and documentation does not automatically lead to formal complaints and that victims can decide freely at a later point if they want to file an official complaint.
Amendment 61 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Member States shall ensure a sufficient geographical distribution and capacity of these services across the Member State, ensuring maximum possible safety and confidentiality for victims.
Amendment 62 #
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 expert advice for victims of violence against women and domestic violence, while taking into account existing and complementary services. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications.
Amendment 63 #
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, women with a minority racial or ethnic background, women sex workers, victims of so-called "honour crimes", women detainees, or older women.
Amendment 64 #
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Preventive measures shall include awareness-raising campaigns, research and education programmes, where appropriatespecially in groups with a certain socio-economic background that poses an increased risk of violence against women or domestic violence. Where appropriate those measures shall be developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.
Amendment 65 #
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypeincreasing sensitivity to the concept of consent, challenging harmful gender stereotypes, including those stemming from cultural or religious traditions, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
Amendment 66 #
Proposal for a directive
Article 36 – paragraph 8
Article 36 – paragraph 8
8. Member States shall, in consultation with the social partners, ensure that sexual harassment at 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 67 #
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 and offenders, 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 and offenders, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender- and child- sensitive manner.
Amendment 69 #
Proposal for a directive
Article 37 – paragraph 6
Article 37 – paragraph 6
6. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained to facilitate and assist in the reporting of such crimes taking into account the special needs of victims.
Amendment 70 #
Proposal for a directive
Article 39 – paragraph 3
Article 39 – paragraph 3
3. That body shall coordinate the collection of data referred to in Article 44 in a standardised format based on guidelines published by the Commission not later than six months after the entry into force of this Directive, and analyse and disseminate its results.
Amendment 71 #
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, support service providers as well as relevant 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 72 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult relevant civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, in particular in providing support to victims, concerning the design and implementation of policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 74 #
Proposal for a directive
Article 44 – paragraph 2 – point a a (new)
Article 44 – paragraph 2 – point a a (new)
(a a) the availability of victim support services and the number of victims accessing them;
Amendment 75 #
Proposal for a directive
Article 44 – paragraph 2 – point b
Article 44 – paragraph 2 – point b
(b) the annual number of such victims, of reported offences, of persons prosecuted for and convicted of such forms of violence, sentences imposed, obtained from national administrative sources.
Amendment 79 #
Proposal for a directive
Article 47 – paragraph 1
Article 47 – paragraph 1
1. By [sefiven years after the entry into force of this Directive] at the latest, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report on the application of this Directive.