20 Amendments of Elena KOUNTOURA related to 2023/0250(COD)
Amendment 84 #
Proposal for a directive
Recital 3
Recital 3
(3) In order to provide victims with seamless and modern means of exercising their rights, the Member States should make it possible for victims to communicate electronically with national competent authorities. Victims should enjoy the possibility of using electronic tools to receive information about their rights and about their case, report crimes and to otherwise communicate with competent authorities and with support services through communication and information technologies. These tools should cater to different communication needs, such as age and disabilities. Victims should be able to choose the method of communication, and the Member States should provide for such communication and information technologies as an alternative to the standard methods of communication, without however replacing them completely. Member States shall ensure that the content of information communicated to victims is developed together with civil society organisations and content is consistent and regularly updated to ensure accuracy.
Amendment 90 #
Proposal for a directive
Recital 4
Recital 4
(4) In order to ensure comprehensive channels of communication taking into account the complexity of victims’ needs in relation to their right to access information, all victims, independently of where in the EU and in what circumstances the crime took place, should be able to access victims’ helplines by using the EU- wide 116 006 telephone number or by connecting to the dedicated websites. These helplines are operated by trained and supervised individuals following standards of quality support. Under such helplines, victims should be able to receive the information about their rights, emotional support and be referred to the police or other services, including other specialised helplines – if needed. Such helplines should also refer victims to other specialised helplines, referred to in Commission Decision 2007/116/EC56 , such as the harmonised number related to child helpline “116 111”, missing children “116 000” and gender-based violence “116 116”. _________________ 56 Commission Decision 2007/116/EC of 15 February 2007 on reserving the national numbering range beginning with 116 for harmonised numbers for harmonised services of social value (OJ L 049 17.2.2007, p. 30).
Amendment 105 #
Proposal for a directive
Recital 7
Recital 7
(7) Targeted and integrated support services should be available to a broad range of victims with specific needs, including victims living in rural, sparsely populated and remote areas. Such victims may include not only victims of sexual violence, victims of gender-based violence and victims of domestic violence, including victims of online forms of such crimes, but also victims of trafficking in human beings, victims of organised crimes, victims with disabilities, victims of exploitation, victims of hate crime, victims of terrorism or victims of core international crimes. In response to the shortcomings identified in the evaluation, Member States should set up specific protocols that will organise the actions of specialist support services to comprehensively address the multiple needs of victims with specific needs. Such protocols should be set up in coordination and cooperation between law enforcement, prosecution authorities, judges, detention authorities, restorative justice services and victim support services.
Amendment 107 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Support services shall be organised to deliver services to all victims, including through referral where appropriate. Generic and specialist support services shall be organised to be able to also address the specific needs of individual victims taking into account the personal characteristics of the victim, the type or nature of the crime, the circumstances of the crime, the extent and nature of harm to the victim and any other circumstances which may require an adapted response. Generic and Specialist support services shall, as a minimum be accessible to victims on a non-discriminatory basis before, during and for as long as they need after criminal proceedings ensuring, in particular, sufficient proximity of services to victims, appropriate opening hours and delivery of services through multiple channels including face to face, online, helplines and itinerant services and be coordinated in particular through referrals in accordance with victims’ specific needs, be free of charge, be confidential and act in the interest of the victims. Psychological support shall be available to victims in need of such support for as long as necessary as determined by the victim’s psychologist.
Amendment 113 #
Proposal for a directive
Recital 8
Recital 8
(8) To avoid serious consequences of victimisation in early age, that may negatively affect entire victims’ life, it is crucial to ensure that all child victims receive the highest standard of support and protection. Most vulnerable child victims, including child victims of sexual abuse, child victims of trafficking in human beings and child victims who have otherwise been particularly affected by the crime due to the gravity of crime or to their particular circumstances should benefit from the targeted and integrated support and protection services that includes coordinated and cooperated approach of judicial and social services within the same premises. Such services should be provided in a dedicated space. To ensure that the child victim is effectively protected in cases where a crime involves the holder of parental responsibility, or there is a conflict of interest between the child and the holder of parental responsibility, a provision has been added to ensure that in cases such as reporting of a crime, medical or forensic interviews, referral to support services or psychological support, among others, these acts should not be conditional upon the consent of the holder of parental responsibility, always taking into account the best interests of the child. 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 119 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Victims of domestic violence and their children should have access to appropriate emergency and temporary accommodation solutions. These centres must be exclusively for women and their children, given the feeling of insecurity of the women accommodated in mixed centres, and which welcome many different types of people. Member States should open emergency accommodation spaces specific to situations of domestic violence, which would be available and accessible at all times, including at night and on weekends. Courts must not use the fact that victims stay in emergency, temporary or social housing as an argument to transfer custody right to the violent partner.
Amendment 121 #
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) It is imperative that victim support services remain fully functional and accessible during times of crisis, including health emergencies, significant migratory movements, or other states of emergency such as natural disasters or security threats. These services should be equipped with contingency plans to ensure uninterrupted operation, adaptability to changing circumstances, and the capacity to address the unique challenges and increased demands that often arise in such situations. This includes maintaining adequate staffing, ensuring the safety and well-being of both victims and support personnel, and leveraging technology for remote assistance when necessary. The victims should continue receiving essential support services without disruption, regardless of the external environment.
Amendment 122 #
Proposal for a directive
Recital 8 d (new)
Recital 8 d (new)
(8d) 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 or similar concepts in their judicial practice and law and should prohibit its use in court proceedings, during the investigations to determine the existence of violence;
Amendment 123 #
Proposal for a directive
Recital 8 e (new)
Recital 8 e (new)
(8e) 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 141 #
Proposal for a directive
Recital 11 d (new)
Recital 11 d (new)
(11d) Legal protective measures must be fully applied to protect children who have experienced or witnessed violence and such measures must not be limited or restricted due to parental rights. Decisions on joint custody should be postponed until intimate partner violence has been adequately investigated and a risk assessment conducted.
Amendment 168 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Directive 2012/29/EU
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 211 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 2
Article 5a – paragraph 2
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that criminal offences have been committed, or that further acts of violence are to be expected, to report this to the competent authorities, and to do so anonymously.
Amendment 323 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/29/EU
Article 10b – paragraph 1 – point c (new)
Article 10b – paragraph 1 – point c (new)
(c) Article 22 on the right to access legal aid;
Amendment 390 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2012/29/EU
Article 22 – paragraph 3 – subparagraph 2
Article 22 – paragraph 3 – subparagraph 2
In this regard, victims of terrorism, organised crime, human trafficking, gender-based violence, including violence against women and domestic violence, sexual violence, exploitation or hate crime, undocumented victims and victims with a dependent residence status or permit, victims of core international crime and victims with disabilities shall be duly considered. Particular attention shall be paid to victims who fall under more than one of those categories.;
Amendment 416 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2012/29/EU
Article 24 – paragraph 1 - point cc (new)
Article 24 – paragraph 1 - point cc (new)
(13j) Article 24 is amended as follows: in paragraph 1, the following point is added: a) ‘(ca) the child’s right to be heard and the best interests of the child are ensured during the criminal investigations and proceedings, in accordance with Article 10’
Amendment 418 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a(new)
Article 1 – paragraph 1 – point 13 a(new)
Directive 2012/29/EU
Article 25 –paragraph 6 (new)
Article 25 –paragraph 6 (new)
(13c) the following paragraph is added: 5a : Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, primary 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, , 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. Training shall cover general and specialist training appropriate to the nature and level of contacts with victims, to enable practitioners to recognise victims and to treat them in an impartial, non- discriminatory, respectful, professional manner using a victim-centered, trauma-, gender-, disability-, chid sensitive approach and to support the practical implementation and operation of victims’ rights. 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 436 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a – paragraph 1- introductory part
Article 26a – paragraph 1- introductory part
1. Member States shall establish and implement specific protocols on the organisation of services and actions under this Directive by the competent authorities and other persons coming in contact with victims. The protocols shall be drawn up in coordination and cooperation between law enforcement, prosecution authorities, judges, detention authorities, restorative justice services and victim support services and in consultation with civil society organisations. The specific protocols shall aim as a minimum at ensuring that:
Amendment 461 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2012/29/EU
Article 27a –point h (new)
Article 27a –point h (new)
(h) the use of barring, restraining and protection orders to provide protection for victims as referred to in Article 23 of this Directive does not affect Member States’ obligations to ensure the physical integrity of victims of violence against women and domestic violence and their dependents provided for in Article 21 of Directive (EU) …/… [on combating violence against women and domestic violence].’
Amendment 465 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 2012/29/EU
Article 27 b (new)
Article 27 b (new)
(15a) the following article 27b is inserted: 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. 3. 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 467 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 b (new)
Article 1 – paragraph 1 – point 15 b (new)
Directive 2012/29/EU
Article 27 c (new)
Article 27 c (new)
(15 o) the following Article 27c is inserted: 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 and the Directive (EU) …/… [on combating violence against women and domestic violence] 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.