49 Amendments of Elena KOUNTOURA related to 2022/0066(COD)
Amendment 222 #
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 abuscoercive control, sexual abuse, sexual violence including rape, stalking, early and forced marriage, forced abortion, forced contraception 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 or partners, whether or not the perpetrator shares or has shared the same residence with the victim.. _________________ 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 231 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Certain forms of institutional violence may be also specifically recognised under national law including in particular forms of violence such as obstetric violence, denial of sexual and reproductive health and rights including forced pregnancy, and forced contact or forced visitation when they allow revictimisation, continuation of domestic violence, sexual violence and/or vicarious violence over the children of the victim.
Amendment 254 #
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women isn a persisting manifestation of structural discrimination against women, resultingll its forms, constitutes a violation of human rights entrenched in gender inequality, which it helps to perpetuate and reinforce, and an extreme form of structural discrimination against women, resulting from gender stereotypes about the roles and capabilities of women and men and from historically unequal power relations between women and men in societies. 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’. It remains widespread and affects women at all levels of society, regardless of age, education, income, social position or country of origin or residence, and it is one of the most serious obstacles to achieving gender equality.
Amendment 271 #
Proposal for a directive
Recital 8
Recital 8
(8) Domestic violence and intimate partner violence is a serious social problem which often remains hidden. 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 and intimate partner violence may occur whether or not the offender shares or has shared a household with the victim.
Amendment 324 #
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 explicit 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 explicit consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape evenincluding where committed against a spouse or intimate partner.
Amendment 334 #
Proposal for a directive
Recital 15
Recital 15
(15) With regard to offences amounting to rape, first-offenders and offenders who have been previously convicted of offences of the same nature should be obliged to participate in intervention programmes to mitigate the risk of recidivism.
Amendment 397 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) A gender-sensitive perspective must be adopted for the implementation and evaluation of this Directive. A gender sensitive perspective means the structural understanding of the roots of violence against women and domestic violence, as a systemic phenomenon, and a result of pervasive inequality and discrimination against women which provides a breeding ground for tolerance towards violence against women. Any measures taken to prevent and combat violence against women need to promote equality between women and men as only substantive equality will prevent such violence in the future. Gender-sensitive policies, including gender-sensitive prevention programmes and protection services must take into account the root causes of this type of violence and also the specific context in which it takes place: the perpetrator-victim relationship, the role of (concealed) power, coercion and control throughout the process of violence, and the distinct consequences and impact of violence on women. This perspective should be incorporated in all protocols, guidelines and procedures system-wide for all frontline services. Specialist services referred hereafter are those that adopt and have expertise in applying this structural perspective. Gender-neutral approaches to preventing and combating violence against women and domestic violence shall be avoided.
Amendment 403 #
Proposal for a directive
Recital 24
Recital 24
(24) Victims should be able to report crimes of violence against women or domestic violence easily without being subject to secondary or repeat victimisation. To this end, Member States should in addition to in-person reporting provide the possibility to submit complaints online or through other information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour.
Amendment 406 #
Proposal for a directive
Recital 25
Recital 25
(25) In the case of domestic violence and violence against women, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against women affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of domestic violence, Member States should ensure that theyincluding intimate partner violence or violence against women affecting children, victims must be duly informed; a gender-sensitive and child-competent risk assessment and risk management conducted, and tailored safety, protection and support measures adopted immediately regardless of the level of risk. Member States should ensure that professionals who report such instances of violence are not held liable for breach of confidentiality.
Amendment 425 #
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 rights, safety and needs, and providing tailored protection and support, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring special attention could include any substance abuse by the victim or the perpetrator, the victim’s disabilities, the victim’s pregnancy or the victim’s economic dependence on or relationship tor dependence for her migration status to the offender, or the victim having a common child with the offender.
Amendment 431 #
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure comprehensive and appropriate support and protection to victims, a standardised approach to risk assessment that promotes a shared understanding of risk across the system, and a common language to communicate risk, must be adopted. All competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, such as specialised courts or sections for domestic violence cases, should be involved in assessing the risks for victims and appropriate support and protection measures on the basis of gender-sensitive and culturally competent risk assessment protocols and clear guidelines issued by the Member States. Such guidelines should include factors to be taken into consideration when assessing the risk emanating from the specificities of the forms of violence covered in this Directive, including coercive control mechanisms and from the offender or suspect, including the consideration that suspects charged with minor offences are as likely to be dangerous as those charged with more severe offences, especially in cases of domestic violence, harassment and stalking. Specialized training for frontline professionals on the use of risk assessment tools should be mandatory. The assessment should be revised at important junctures in the process, such as the commencement of a court case, the handing down of a judgment or discussions as to the revision of custody arrangements.
Amendment 498 #
Proposal for a directive
Recital 45
Recital 45
(45) ATailored assistance and support to victims of violence against women and domestic violence should be available and provided before, during and for an appropriate period after the criminal proceedings have endafter the violence occurred, 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 by the perpetrator in particular due to the statements made by the victim in those proceedings.
Amendment 509 #
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 couldmust be provided in addition to, or as an integrated part of, general victim support services, which may call on existing entities providing specialist support general victim support services. General victim support services must cooperate with women's specialist support in providing services and develop clear, commonly agreed referral pathways between general and specialist support services to refer victims of violence against women and girls to services. Specialist support mayust be provided by national authorities, victims’ specialist support organisations, or other non- governmental organisations. They should be granted with relevant gender-specific expertise and knowledge. Member States should ensure sufficient human and financial resources and, where the services are provided byfor specialist support services and non- governmental organisations, Member States should ensure that they receive appropriate funds are provided.
Amendment 527 #
Proposal for a directive
Recital 49
Recital 49
(49) Specialist support services for victims, including shelters and rape crisis centres, should be considered essential during crises and states of emergency, including during health crises. These services should continue to be offered in these situations, where instances of domestic violence and violence against women tend to surge. These services should be appropriate and fully accessible for girls and women with disabilities. Specialised court accompaniment and legal assistance must be available and offered to all victims during criminal and civil proceedings.
Amendment 571 #
Proposal for a directive
Recital 55
Recital 55
(55) 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 supervised neutral places, 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. Member states shall take measures to ensure that, in determination of custody and contact or visitation rights of children, judicial authorities take into account incidents of violence against women and domestic violence and the results of the risk assessments concerning the non- abusive parent and the child victim, including child witnesses and orphans. Member States shall put in place measures to ensure that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children. The rights or claims of perpetrators or alleged perpetrators during and after judicial proceedings, with respect to property, privacy, child custody, access, contact and visitation, should be determined in the light of women’s and children’s human rights to life and physical, sexual and psychological integrity and guided by the principle of the best interests of the child. Failing to address violence against women and domestic violence in custody rights and visitation decisions is a violation by neglect of the human rights to life, to a life without violence, and to the healthy development of women and children. Member states should ensure the recognition of witnessing violence against a close person as jeopardising the best interest of the child; The best interest of the child and children's views should be of primary consideration and prevail over any perpetrators’ or suspects rights and also over any visiting rights of other persons having ties with the children. Where there is a reasonable doubt concerning safe contact with the child from both a physical and emotional perspective, visiting and custody rights of the abusive parent shall be suspended. In cases of visitations rights of a suspect who is a holder of parental responsibility with rights of access, only when visits are considered to be adequate and in the interest of the child, and in order to ensure the safety of children and victims during possible visits, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. Supervised neutral places for visits with a suspect should always ensure the safety of both the child and the non-abusive holder of parental responsibility where relevant. 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. Where necessary, Member States shall ensure that judicial authorities act without delay to remove visiting rights permanently from perpetrators that continue to offend or do not engage in long term meaningful parenting programmes leading to improved outcomes for children. The withdrawal of the custody and visitation rights of the violent partner and awarding exclusive custody to the mother, if she is a victim of violence, can represent the only way to prevent further violence and the secondary victimisation.
Amendment 577 #
Proposal for a directive
Recital 55 a (new)
Recital 55 a (new)
(55a) The use, assertion and acceptance of non-scientific theories and concepts in custody cases which punish mothers who attempt to report cases of child abuse or gender-based violence by preventing them from obtaining custody or by restricting their parental rights should be prevented. Parental alienation and similar concepts and terms should be rejected, as they lack the necessary scientific justification, and are often used in the context of intimate partner violence, as a strategy against victims of violence, putting into question victims’ parental skills, dismissing their word and disregarding the violence to which children are exposed. Member States should not recognize the parental alienation syndrome in their judicial practice and law and should prohibit its use in court proceedings, during the investigations to determine the existence of violence;
Amendment 581 #
Proposal for a directive
Recital 55 b (new)
Recital 55 b (new)
(55b) Member States should ensure that cases of violence against women, including domestic violence are under no circumstances referred to any alternative dispute resolution procedure, such as mediation either before or during the judicial proceedings, in order to avoid further harm to the victims.
Amendment 583 #
Proposal for a directive
Recital 55 c (new)
Recital 55 c (new)
(55c) Member States shall take measures to prevent the bias in the determination/interpretation of “the best interest of the child” principle, namely, to maintain contact with both parents or their relatives at all costs, regardless of the violence children have witnessed, with detrimental and dangerous effects for both the child and the other parent. The right of every child to maintain contact with both parents should be restricted if necessary, in the best interests of the child;
Amendment 585 #
Proposal for a directive
Recital 55 d (new)
Recital 55 d (new)
(55d) Member states should take measures to ensure that in determination of custody and contact or visitation rights, judicial authorities take into account the child’s right to breastfeeding, so that mother and child will not be separated for lengthy periods or overnight and the breastfeeding relationship is protected in the best interest of the child.
Amendment 602 #
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as long-term awareness- raising campaigns promoting pro-social behaviours, are taken to counter violence against women and domestic violence. Prevention should also take place in formal education, in particular, through strengthening sexuality education and socio-emotional competencies, empathy and developing healthy and respectful relationships. All preventive measures need to be grounded in human rights and gender equality and based on the social- ecological model of violence and empirical evidence of their effectiveness and should be carried out by qualified prevention workers.
Amendment 634 #
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of mandatory trainings in particular regarding harmful gender stereotypes, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 694 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) “violence against women” means gender-based violence,is understood as a violation of human rights and an extreme form of discrimination against women, and means all acts of gender-based violence, resulting from gender stereotypes that isare 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 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;
Amendment 718 #
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) "intimate partner violence" means all acts of violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering between former or current spouses or partners, whether or not the perpetrator shares or has shared a residence with the victim;
Amendment 722 #
Proposal for a directive
Article 4 – paragraph 1 – point b b (new)
Article 4 – paragraph 1 – point b b (new)
Amendment 749 #
Proposal for a directive
Article 4 – paragraph 1 – point j a (new)
Article 4 – paragraph 1 – point j a (new)
(ja) "gender-sensitive policies" means all policies that take into account the specific needs and lived experiences of women and girls as well as the particularities pertaining to the lives of women and men, in all their diversity, while aiming to eliminate inequalities and promote gender equality, including an equal distribution of resources, thus taking into account the gender dimension.
Amendment 752 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Gender sensitive policies Member States shall include a gender- sensitive perspective in the implementation and evaluation of this Directive. A gender sensitive perspective means the structural understanding of the roots of violence against women and domestic violence, as a systemic phenomenon, and a result of pervasive inequality and discrimination against women which provides a breeding ground for tolerance towards violence against women. Any measures taken to prevent and combat violence against women need to promote equality between women and men as only substantive equality will prevent such violence in the future. Gender-sensitive policies, including gender-sensitive prevention programmes and protection services must to take into account the root causes of this type of violence and also the specific context in which it takes place: the perpetrator victim relationship, the role of power, coercion and control throughout the process of violence, and the distinct consequences and impact of violence on women. This perspective should be incorporated in all protocols, guidelines, trainings and procedures system-wide for all frontline services. Specialist services referred hereafter are those that adopt and have expertise in applying this structural perspective.
Amendment 923 #
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
In so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in Articles 5 to 10, Member States shall take measures to ensure that they may be regarded as aggravating circumstances in relation to those offences:
Amendment 994 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that offences of violence against women or domestic violence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities. Member States shall guarantee that the woman-victim of violence is safely informed about these third-party reports in advance and that an adequate risk assessment, risk management and safety planning are implemented by competent authorities before active steps are taken against the perpetrator to ensure the safety of the woman and her children.
Amendment 1013 #
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. If the offence involves the holder of parental responsibility, Member States shouldall ensure that reporting is not conditional upon this person’s consent and that there is no obligation on the competent authorities to immediately inform that holder of parental responsibility.
Amendment 1037 #
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 specialist 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. Victims shall not be pressured to bring charges or report the offence to the authorities. Victims shall be provided with information on what options are available to them in securing evidence for an eventual criminal procedure, taking into consideration their actual physical and mental state and trauma.
Amendment 1076 #
Proposal for a directive
Article 18 – paragraph 5 – point c a (new)
Article 18 – paragraph 5 – point c a (new)
(ca) measures initiating the restriction or withdrawal of parental rights, in the best interest of the child, especially to provide protection and safety of victims.
Amendment 1082 #
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 victim protection centrwomen's specialist services, and women’s shelters, social services and healthcare professionalother relevant actors, such as social services, child welfare services healthcare professionals, and other relevant victim protection centres.
Amendment 1099 #
Proposal for a directive
Article 20 – title
Article 20 – title
Referral to specialist support services
Amendment 1106 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that support services safely contact victims to offer support, only with the victim’s knowledge and consent.
Amendment 1110 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The competent authorities shall respond to requests for protection and support in a timwithout delay and in a coordinated manner. Such authorities should be empowered to inform proceedings dealing with access and custody by relevant statute.
Amendment 1122 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Custody, visitation rights and safety 1. Member States shall take the necessary legislative and other measures to ensure that, in the determination of custody and visitation rights of children, incidents of violence covered by the scope of this Directive are taken into account. 2. Member states shall take the necessary legislative and other measures to ensure that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children.
Amendment 1159 #
Proposal for a directive
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) how to ensure the proper identification of all forms of such violence; and its mechanisms, including manipulation, psychological violence, coercive control, the relevance of intimate partner violence to children’s rights, their protection and their well-being.;
Amendment 1169 #
Proposal for a directive
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) how to best communicate with and treat victims in a trauma-, gender- and child-sensitive manner;
Amendment 1181 #
Proposal for a directive
Article 23 – paragraph 1 – point f a (new)
Article 23 – paragraph 1 – point f a (new)
(fa) how to prevent the use or acceptance of non-scientific theories and concepts, such as parental alienation and similar concepts, in custody cases which punish mothers who attempt to report cases of child abuse or gender-based violence, during the investigations to determine the existence of violence;
Amendment 1248 #
(-a) immediate gender-sensitive support including, safe shelter, psychosocial support, legal advice and assistance, and economic empowerment
Amendment 1249 #
Proposal for a directive
Article 27 – paragraph 1 – point -a a (new)
Article 27 – paragraph 1 – point -a a (new)
(-aa) referrals to adequate specialist services including, but not limited to, rape crisis centre, women’s support centers, women’s shelters, sexual violence referral centers, and primary prevention services;
Amendment 1326 #
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 with particular attention to making services accessible to women in rural and remote areas in a safe and confidential manner.
Amendment 1407 #
Proposal for a directive
Article 33 a (new)
Article 33 a (new)
Article 33a Safeguards for the best interests of children 1. Member States shall take the necessary legislative or other measures to ensure that the consequences for children of violence against women and domestic violence are taken into account: (a) in the limitation of the rights to exercise parental responsibility of the actual or alleged perpetrator of violence against women or domestic violence; (b) in determining custody and access rights in respect of children; Member States shall take measures to ensure that the views of the child are given due weight in relation to such custody or access rights. Member States shall take measures to prevent the bias in the determination/interpretation of “the best interest of the child” principle, namely, to maintain contact with both parents or their relatives at all costs, regardless of the violence children have witnessed, with detrimental and dangerous effects for both the child and the non-violent parent. The right of every child to maintain contact with both parents should be restricted if necessary, in the best interests of the child; 2. Member States shall take measures to ensure that decisions on parental responsibility can be made in emergency procedures, such as restraining orders or protection orders, and in situations of convicted or alleged violence based on a body of evidence. Legal protective measures must be fully applied to protect women and children from violence. Such measures should not be limited or restricted by parental rights, and decisions on shared custody should be postponed until violence against women or domestic violence has been adequately investigated and a risk assessment has been conducted.
Amendment 1415 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilitiesy 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. Member States shall ensure the safety of non-abusive holders of parental responsibility during the process.
Amendment 1419 #
Proposal for a directive
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
Member States shall ensure that the best interests of the child take precedence over the rights of access of an offender or suspect of violence against women or domestic violence. Member States shall ensure that the views of the child are given due weight when it comes to such rights of access. Member states shall aim at prohibiting mandatory shared custody and/or visiting rights in cases of violence or suspected violence, and prohibit the use of so-called “parental alienation” syndrome or any related concept when determining custody and visitation rights in cases of violence or suspected violence.
Amendment 1424 #
Proposal for a directive
Article 34 – paragraph 1 b (new)
Article 34 – paragraph 1 b (new)
Member States shall, within the context of Article 38, provide intervention programmes specific to holders of parental responsibility.
Amendment 1477 #
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at empowering women and girls, challenging harmful gender stereotypes, promoting equality between women and menand patterns that promote supremacy and authoritarian behaviour of men over women promoting equality between women and men, mutual respect, non-violent conflict resolution in interpersonal relationships, and the right to personal integrity, 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 1505 #
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 supportimary prevention workers, providers of specialized support services, and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist mandatory 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 and to treat victims in a trauma-, gender- and child- sensitive manner. , , including manipulation, psychological violence, coercive control, the relevance of intimate partner violence to children’s rights, their protection and their well-being, and to treat victims in a trauma-, gender- and child-sensitive manner. This training should also educate all professionals involved on how to best communicate with, support victims, while enabling them to evaluate each situation using reliable risk assessment tools and equip them with adequate skills to detect signs of abuse. The training shall be provided by qualified trainers from women specialist services adhering to stringent quality standards in terms of training duration, frequency, methods and outcomes in line with the objectives of this Directive. Member States shall establish specialised courts or sections, dealing with victims of violence against women and domestic violence and shall ensure child and women-victim-friendly justice, including comprehensive assessment units dealing with gender- based violence composed of forensic doctors, psychologists and social workers who work in coordination with the public services specialised in gender-based violence in charge of assisting victim.
Amendment 1541 #
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 mandatorily and appropriately trained to facilitate and assist in the reporting of such crimes.