Activities of Eugenia RODRÍGUEZ PALOP related to 2019/2166(INI)
Plenary speeches (1)
The impact of intimate partner violence and custody rights on women and children (debate)
Amendments (11)
Amendment 9 #
Motion for a resolution
Citation 7
Citation 7
— having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) adopted on 18 December 1979, and General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19 of the Committee on the Elimination of Discrimination against Women,
Amendment 193 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that, in principle, shared custody and unsupervised visits are desirable in order to ensure that parents enjoy equal rights and responsibilities, as well as to safeguard the best interests of the child; underlines, however, that intimate partner violence is clearly incompatible with shared custody and care, owing to its severe consequences for women and children, including the risk of extreme acts of femicide and infanticide; stresses that when establishing the arrangements for custody allocation and visitation rights, the protection of women and children from violence and the best interests of the child must be paramount and should take precedence over other criteria; stresses, therefore, that awarding exclusive custody to the non-violent partner, most frequently the mothermother victim of gender-based violence, represents the best alternative in order to prevent further violence and secondary victimisation of the victims;
Amendment 200 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for mandatory targete, recurrent and effective capacity-building, education and training for the judicialry, lawyers and law enforcement officers about domestic violence and its mechanisms, including coercion, manipulation and psychological violence, including forensic medical personnel, legislators, health-care professionals about violence against women from a gender and a human rights perspective covering national, regional and international standards, and about the relevance of intimate partner violence to children’s rights, and to their protection and well-being, as well as to provide adequate skills to enable the officers to assess the situation using reliable risk assessment tools;
Amendment 210 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Strongly recommends that Member States establish specialised courts and judicial offices, as well as appropriate laws, training, procedures and guidelines for all professionals dealing with the victims, including raising awareness of gender-based violence, in order to avoid discrepancies between judicial decisions and discrimination or secondary victimisation during judicial, medical and police proceedings, ensuring that children and women are duly heard and their protection is given priority; emphasises the need to strengthen dedicated judicial offices and child and female victim- friendly justice, limiting the excessive discretionary powers of practitioners and establishto set up comprehensive assessment units on gender-based violence composed of forensic medical personnel, psychologists and social workers and to work ing checks on child custody procedures by qualified professional figureoordination with the public services specialised in gender- based violence in charge of assisting victims;
Amendment 226 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance in these procedures of the role of the doctorforensic medical personnel providing forensictheir expertise in caring not only for women victims of domestic abuse ointimate partner violence, but also for the children involved, in particular when the environment in which they live is not suitable to protect their health, dignity and quality of life; recalls, therefore, the need for the forensic practitioners and professionals involved to be able to benefit, inter alia, from guidelines drawn from a set of data, practice and best practices at European level;
Amendment 235 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the importance of action at both EU and national level to reach agreement on common legal definitions, as this type of witnessed violenceviolence against women, in many cases witnessed by their children, is not recognised in many legal systems and has a direct impact on data collection in the police and judicial sectors, and on cross- border cooperation;
Amendment 259 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its concern about the fimpact that discriminatory gender bias often leads to a lack of trust in women, in particular concerning presumed false allegations of child abuse and of domestic violenceof gender stereotypes and bias, leading to inadequate responses to gender-based violence against women; stresses that the so-called “parental alienation syndrome”, which has no scientific basis and is based on gender stereotypes, works to the detriment of women victims of intimate partner violence, blaming mothers for alienating their children's narrative, putting into question victims’ parental skills, disregarding the child’s testimony and the risks of violence to which their children are exposed, jeopardizing the rights and safety of the mother and the children; is worried about the fact that accusations of parental alienation by alleged abusive fathers against mothers are a continuation of power and control by state agencies and actors, including those deciding on child custody and often lead to the denial of child custody to the mother and to the granting to a father accused of intimate partner violence or sexual abuse of the child; calls on the Member States to prohibit its use by judges, psychologists, child protection state agencies and psychosocial cabinets and to introduce disciplinary measures against those who make use of it;
Amendment 296 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recommends that Member States provide alternative mechanisms for victims who do not file a complaint so that they can exercise the rights recognised to victims of intimate partner violence, such as social and labour rights, for example through expert reports drawn up by specialized public services accrediting the status of victim of gender-based violence;
Amendment 303 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Is worried that specialist support services are not provided equally within each Member States and calls on them to ensure adequate geographical distribution, immediate, short- and long- term specialist support services to any victim, as enshrined in the Istanbul Convention; these services should be provided irrespective of women’s residence status and their ability or willingness to cooperate in proceedings against the alleged perpetrator;
Amendment 308 #
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Calls on the Member States to provide effective reparation to women victims, going beyond monetary compensation and including provision of legal, social and health services including sexual, reproductive and mental health for a complete recovery; also to establish reparation funds and to set up a mechanism to coordinate, monitor and assess regularly the implementation and effectiveness of the measures to prevent and eliminate intimate partner violence and other all forms of gender-based violence against women;
Amendment 341 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that hearing from the child is important to establish what is in the best interests of the child while examining custody cases; points out nevertheless that in every case, but crucially in cases where intimate partnership violence is suspected, such hearings should be conducted in a child-friendly environment, with no pressure or influence from parents or relatives, by trained professionals, including those qualified in child neuropsychiatry, to avoid deepening the trauma and victimisation;