37 Amendments of Tudor CIUHODARU related to 2022/0066(COD)
Amendment 224 #
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, 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 has been reaching significant levels in the last few years in all EU countries, and 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 267 #
Proposal for a directive
Recital 8
Recital 8
(8) Domestic violence is a serious social problem which often remains hidden, in the absence of reporting by victims and adequate information about reporting to the relevant authorities. It can lead to serious psychological and physical trauma with severe consequences 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. Victims usually hesitate to complain about such acts of violence because they do not have any way of leaving home, especially where there are children involved.
Amendment 277 #
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 order to remove them from the conflict zone and protect them. 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, and numerous offences, including criminal acts against women, are still being recorded. _________________ 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 303 #
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, and murder. Particular attention should thus be paid to these risks and to the need to protect the dignity and physical integrity of such victims, as well as their lives and children, where necessary.
Amendment 310 #
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. 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, which is often difficult to prove in court. 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. .
Amendment 323 #
Proposal for a directive
Recital 14
Recital 14
(14) Rape should explicitly include all types of sexual penetration, with any bodily part or object. The lack of consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, should be sustainable and acceptable in court and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape even where committed against a spouse or intimate partner.
Amendment 333 #
Proposal for a directive
Recital 15
Recital 15
(15) With regard to offences amounting to rape, offenders who have been previously convicted of offences of the same nature should be obliged to wear an electronic tag and participate in intervention programmes to mitigate the risk of recidivism.
Amendment 365 #
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions at European and international level of offences and penalties regarding certainall forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, and vulnerable adolescents in general, 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 371 #
(18) The use of information and communication technologies, which is growing rapidly at European and global level, bears the risk of easy, fast and wide- spread amplification of certain forms of cyber violence with the effect of creating or enhancing profound and long-lasting harm for the victim. The potential for such amplification, which is a pre-requisite for the perpetration of several offences of cyber violence defined under this Directive, should be reflected by the element of making certain material accessible, through information and communication technologies, to a ‘multitude’ of end-users. The term ‘multitude’ should be understood as referring to reaching a significant number of end-users of the technologies in question, thus allowing for significant access to, and potential further distribution of that material. That term should be interpreted and applied having regard to the relevant circumstances, including the technologies used to make that material accessible and the means these technologies offer for amplification.
Amendment 374 #
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 very 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. There needs to be cooperation with all telephony operators and social network owners and then they need to be involved in the processes of detecting such behaviours and stopping them.
Amendment 382 #
Proposal for a directive
Recital 20
Recital 20
(20) Cyber stalking is a modern form of violence which is often perpetrated against family members or persons living in the same household, but also perpetrated by ex-partners or acquaintances, and it is becoming increasingly common amid the rapid development of new technologies and applications. Typically, technology is misused by the offender to proceed to intensify coercive and controlling behaviour, manipulation and surveillance, thereby increasing the victim’s fear, anxiety and gradual isolation from friends and family. Therefore, minimum rules on cyber stalking shouldmust be established as soon as possible. The offence of cyber stalking should cover the continuous surveillance of the victim without their consent or legal authorisation by means of information and communication technologies. This might be enabled by processing the victim’s personal data, such as through identity theft or the spying out of such data on their various social media or messaging platforms, their emails and phone, stealing passwords or hacking their devices to access their private spaces, via the installation of geo-localisation apps, including stalkerware, or via stealing their devices. Furthermore, stalking should cover the monitoring of victims, without that person’s consent or authorisation, via technology devices connected through the Internet of Things, such as smart home appliances.
Amendment 422 #
Proposal for a directive
Recital 28
Recital 28
(28) Victims of domestic violence and violence against women are typically in need of immediate protection or specific support, for example in the case of intimate partner violence, where the rate of recidivism tends to be high. Therefore, an individual assessment to identify the victim’s protection needs should be conducted upon the very first contact of competent authorities with the victim or as soon as suspicion arises that the person is a victim of violence against women or domestic violence, so that the victim can be removed from the persecutor’s influence. This can be done before a victim has formally reported an offence or proactively if a third party reports the offence.
Amendment 428 #
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 dependence on or relationship to the offender, or children who are at risk of becoming victims of the violence.
Amendment 442 #
Proposal for a directive
Recital 31
Recital 31
(31) Due to their vulnerability to secondary and repeat victimisation, to intimidation and to retaliation, and the fact that they suffer emotional harm that prejudices their development, the victim’s children should receive the same protection measures as those accorded to the victim. Other persons dependant on the victim, such as adults with disabilities or older dependant adults for whom the victim provides care, may experience similar emotional harm and should thus be accorded the same protection measures, either those granted by public authorities or with the support of non-governmental organisations working in the field.
Amendment 446 #
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 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, and that the persons who have access to the information and the period are established very clearly, 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 452 #
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, including the introduction of an obligation to wear an electronic ankle tag in the event of reoffending.
Amendment 458 #
Proposal for a directive
Recital 35
Recital 35
(35) Protection orders may include prohibiting the offender or suspect to access certain localities; to and wearing an electronic tag in the event of reoffending, particularly to prevent them approaching the victim or dependant closer than a prescribed distance or to contact them, including through the use of online interfaces and to possess firearms or deadly weapons, where necessary.
Amendment 471 #
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, 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. and provide periodic training to specialised personnel in order to keep pace with the development of new technologies used in connection with the aforementioned offences. _________________ 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 480 #
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 of 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 and to request assistance from telephone operators and social network owners to this end. 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 492 #
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 change of address or employment or finding new schools for children or even creating a new identity.
Amendment 520 #
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 have such services coordinated through a central contact point. To ensure also victims in remote areas or unable to physically reach such centres are reached, Member States should provide for online 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 and ensure greater protection of victims’ personal data.
Amendment 563 #
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 situation and the well-being of their children and uninterrupted access to school, ultimately preparing victims for an autonomous life.
Amendment 605 #
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns targeted at different segments of the public, are taken to counter violence against women and domestic violence. Prevention should also take place in formal education from an early age, in particular, through strengthening sexuality education and socio-emotional competencies, empathy and developing healthy and respectful relationships.
Amendment 727 #
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) “victim” means any person, regardless of sex or gender, unless specified otherwise, who has suffered harm, which was directly caused by one- off or repeated acts of violence covered under this Directive, including child witnesses of such violence;
Amendment 771 #
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 unconsciousness, intoxication, sleep, illness, bodily injury or disability, a non-consensual act which can be accepted and taken into account by courts.
Amendment 851 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) placing another person under continuous surveillance, without that person’s consent or legal authorisation to do so, by means of information and communication technologies, to track or monitor that person’s movements and activities; and later use the recordings made to intimidate and manipulate them;
Amendment 856 #
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 of 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, with a view to intimidating and manipulating them.
Amendment 870 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) initiating an attack with third parties directed at another person, by making threatening or insulting material accessible to a multitude of end-users, by means of information and communication technologies, with the effect of intimidating and manipulating the victim/s; and also causing significant psychological harm to the attacked person;
Amendment 954 #
(o a) (p) a repeat offence is committed by the offender in any one of the above cases.
Amendment 990 #
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 are informed that they can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting criminal offences online or through other information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
Amendment 1120 #
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Member States shall ensure the transmission of relevant personal data concerning the victim and their situation to the relevant support services, where this is necessary to ensure that the victim receives appropriate support and protection and shall ensure the protection of this data and access to data. Such transmission shall be confidential.
Amendment 1127 #
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 the victim’s workplace, coming within a certain distance of the victim 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 1146 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Any breaches of emergency barring or restraining and protection orders shall be subject to effective, immediately enforceable, proportionate and dissuasive criminal or other legal penalties.
Amendment 1255 #
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 housing, education, training and assistance to move house or remain in or find employment;
Amendment 1463 #
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 appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders, aimed at different audience categories.
Amendment 1471 #
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures available to the general public and ensure that this information is updated periodically.
Amendment 1549 #
Proposal for a directive
Article 37 – paragraph 7 a (new)
Article 37 – paragraph 7 a (new)
7a. Member States shall periodically adapt these general or specialised training courses to the development of new technologies, to enable the aforementioned specialists to keep abreast of new methods developed by criminals in the area of cyber violence.