45 Amendments of Eugenia RODRÍGUEZ PALOP related to 2023/0250(COD)
Amendment Amendment169 #
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 116 #
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. Also, in order to protect victims from secondary victimisation, the Barnahaus model has proven to be a good practice. 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.
Amendment 167 #
Proposal for a directive
Article 1 – paragraph 1 – point -1a (new)
Article 1 – paragraph 1 – point -1a (new)
Directive 2012/29/EU/
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 169 #
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 170 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 b (new)
Article 1 – paragraph 1 – point -1 b (new)
Directive 2012/29/EU
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(-1b) in Article 1 the following paragraph is added: 2a. Member States shall ensure that all laws, policies, services, and infrastructures established to implement this Directive are victim-sensitive, prioritising listening to victims, minimising re-traumatisation and harm, focusing on safety, rights, well- being, empowerment, expressed needs and choices, and ensuring the empathetic, sensitive and non-judgmental delivery of rights and services, while respecting core principles of justice.
Amendment 176 #
Article 1 – paragraph 1 – point -1 g (new) Proposal for a directive
(g) in Article 2(1) the following points are added: e) ‘generic support services’ means organisations specialised in supporting victims of crime and which offer support to all victims of crime. These services may include specialisations for specific groups or offer specific types of services. f) ‘specialist support services’ means services offered only to particular groups of victims, based on type of crime or personal characteristics.
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 1 – point ca (new)
Article 3a – paragraph 1 – point ca (new)
1. In Article 3a, paragraph 1, the following point is added: ca new. are operated by trained and supervised individuals following standards of quality support.
Amendment 192 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 4
Article 3a – paragraph 4
4. Helplines may be set up by public or non-governmental organisations and may be organised on a professional or voluntary basis. Both public and non-governmental organisations shall be specialised in delivering victim support in accordance with the criteria laid down in paragraph 1.;
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 1
Article 5a – paragraph 1
1. Member States shall ensure that victims can report criminal offences to the competent authorities through easily accessible, safe and user friendly reporting mechanisms, using information and communication technologies. Such possibility shallmay include submission of evidence where feasible.
Amendment 207 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 1a (new)
Article 5a – paragraph 1a (new)
1a. In accordance with procedures in national law, reporting mechanisms shall include the possibility of reporting criminal offences and submitting evidence online or through other information and communication technologies, reporting criminal offences anonymously and through third-party reporting.
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 3
Article 5a – paragraph 3
3. Member States shall ensure that victims deprived of liberty can effectively report crimes committed in detention facilities. Detention facilities shall include in addition to. Deprivation of liberty encompasses all places where persons are not free to leave, staff and authorities exercise total control over a person’s movement or persons require assistance by staff or authorities for all activities of daily living. Particular attention shall be paid to detention facilities, including jails, detention centres and holding cells for suspects and accused, and specialised detention facilities for applicants of international protection and pre-removal centres, and accommodation centres where applicants and beneficiaries of international protection are located, and mental health and social care institutions, such as orphanages and retirement homes.
Amendment 222 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 3b (new)
Article 5a – paragraph 3b (new)
3b. Member States shall ensure proactive monitoring of closed institutions by independent authorities, including through regular and unannounced visits to enable victims to safely report their victimisation.
Amendment 226 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 4a (new)
Article 5a – paragraph 4a (new)
4a. Member States shall fund, develop, and carry out activities aimed at removing barriers to reporting a crime including through informing the public and victims on how to report a crime and their rights when doing so.
Amendment 227 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 4b (new)
Article 5a – paragraph 4b (new)
4b. Member States shall support awareness raising activities and information campaigns in order to ensure that victims who do not file a complaint with the competent authorities can easily reach victim support services.
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 5
Article 5a – paragraph 5
5. Member States shall ensure that the competent authorities coming in contact with a victim reporting crimes are prohibited from transferring victims’ personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment referred to in Article 22obtained as a result of reporting a crime, including the residence status of the victim, for purposes other than the processing of the victim’s complaint and the subsequent criminal proceedings to any other competent authorities, including migration authorities. The data shall not be transferred to any other authorities without the victim’s authorisation at any stage before, during or after a criminal investigation.;
Amendment 251 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point -a (new)
Article 1 – paragraph 1 – point 3 – point -a (new)
Directive 2012/29/EU
Article 8
Article 8
Amendment 252 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point -a
Article 1 – paragraph 1 – point 3 – point -a
Directive 2012/29/EU
Article 8 – paragraphs 2 and 3
Article 8 – paragraphs 2 and 3
(a) paragraphs 2 is replaced by the followingand 3 are deleted:
Amendment 253 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2012/29/EU
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 262 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2012/29/EU
Article 8 – paragraph 6 (new)
Article 8 – paragraph 6 (new)
Amendment 267 #
Proposal for a directive Directive 2012/29/EU
Article 1 – paragraph 1 – point 4 – point -a.a.(new)
Article 1 – paragraph 1 – point 4 – point -a.a.(new)
Directive 2012/29/EU
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 268 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point -a.a. (new)
Article 1 – paragraph 1 – point 4 – point -a.a. (new)
Directive 2012/29/EU
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 269 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point -a.a. (new)
Article 1 – paragraph 1 – point 4 – point -a.a. (new)
Directive 2012/29/EU
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 278 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b. b. (new)
Article 1 – paragraph 1 – point 4 – point b. b. (new)
Directive 2012/29/EU
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 289 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c b (new)
Article 1 – paragraph 1 – point 4 – point c b (new)
Directive 2012/29/EU
Article 9 – paragraph 5 (new)
Article 9 – paragraph 5 (new)
(cb) in Article 9, the following paragraph is added: 5. Member states shall ensure independent yearly evaluation of the quality of the support services, in accordance with standards referred to in this Article and shall ensure that the delivery of services is adapted accordingly. The evaluation process shall not place an undue burden on organisations and shall have clear and transparent evidence-based methodology in order to determine the quality of services.
Amendment 306 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9(b) new
Article 9(b) new
(5a) the following Article 9b is inserted in Chapter II: ‘Article 9b National Referral System for victim support services 1. Member States shall establish a national referral system that co-ordinates referral of all victims to victim support services by the competent authority that received the complaint and by other appropriate services in order to ensure referrals are easy to operate and appropriate services are easy for victims and practitioners to identify. 2. The national referral system shall, as a minimum, ensure: a. all victims are referred to the support service most suited to address their needs in a fast and effective manner in accordance with identified criteria, unless a victim declines such referral; b. victims are contacted by a support service within an agreed and reasonable time following the referral of the victim to explain their services and offer support; c. the referral mechanism is organised to minimise unnecessary or multiple referrals. Where appropriate Member States may organise referral from competent authorities to a single national support service best placed to co-ordinate victim referrals; d. the processing of data for the purposes of referral and support is facilitated in particular through the development of data sharing rules and technical mechanisms.;’
Amendment 309 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
Directive 2012/29/EU
Article 10
Article 10
(5b) Article 10 is replaced by the following: 1. Member States shall ensure that victims may be heard during criminal proceedings and may provide evidence. Where a child victim is to be heard, due account shall be taken of the child's age and maturity. As a minimum, Member States shall ensure that victims may provide a victim impact statement, either orally or in writing, during the criminal proceedings, if they so wish. 2. The procedural rules under which victims may be heard during criminal proceedings and may provide evidence or a victim impact statement shall be determined by national law.
Amendment 313 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/29/EU
Article 10b - paragraph 1
Article 10b - paragraph 1
1. Member States shall ensure that victims are informed without delayhave the right to a review of decisions taken in court proceedings that affect them directly and have the right to a review of such decisions. Such decisions shall include at least decisions pursuant to the following provisions:
Amendment 316 #
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 a a (new)
Article 10b – paragraph 1 – point a a (new)
(aa) Article 13 on the right to legal aid.
Amendment 320 #
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 b
Article 10b – paragraph 1 – point b
(b) Article 23(3)s 20, 23, 24 on victims’ right to protection.
Amendment 346 #
Proposal for a directive
Article 1 – paragraph 1 – point 7a(new)
Article 1 – paragraph 1 – point 7a(new)
Directive 2012/29/EU
Article 16a (new)
Article 16a (new)
(7a) the following Article 16a is added in Chapter 3: ‘Article 16a Right to accompaniment throughout criminal proceedings 1. Member States shall ensure that victims may be accompanied by a person of their choice in the first contact with a competent authority and throughout criminal proceedings to provide emotional support and assistance to victims in understanding proceedings and in communicating with authorities. 2. The competent authority may refuse accompaniment by a person of choice where it is contrary to the interests of the victims or if the course of criminal proceedings would be prejudiced, unless the person of choice is a representative of a recognised victim support service.’
Amendment 354 #
Proposal for a directive
Article 1 – paragraph 1 – point 8b(new)
Article 1 – paragraph 1 – point 8b(new)
Directive 2012/29/EU
Article 19
Article 19
(f) Article 19 is replaced by the following: 1. Member States shall establish the necessary conditiontools, mechanisms and environments to enable avoidance of contact between victims and their family members, where necessary, and the offender within premises where criminal proceedings are conducted, unless the criminal proceedings requires such contact. This includes the availability of mobile screens in courtrooms. 2. Member States shall ensure that new court premises have separate waiting areas for victims and shall establish in existing court premises plans and processes for the creation of separate waiting areas or for the designation of rooms that can be used for this purpose.
Amendment 359 #
Proposal for a directive
Article 1 – paragraph 1 – point 8c (new)
Article 1 – paragraph 1 – point 8c (new)
Directive 2012/29/EU
Article 20 - paragraph 1 - point ba (new)
Article 20 - paragraph 1 - point ba (new)
(g) in Article 20 paragraph 1 point ba is added: ba. Member States shall ensure that interviews with victims may be audiovisually recorded and such recorded interviews may be used as evidence in criminal proceedings, in line with procedural rules established by national law.
Amendment 364 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Directive 2012/29/EU
Article 22 – title
Article 22 – title
Individual assessment of victims to identify specific support and protection needs’;
Amendment 365 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Directive 2012/29/EU
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall ensure that victims receive a timely and individual assessment, to identify specific support and protection needs and to determine whether and to what extent they would benefit from special measures provided for under Article 9(1), point (c), and Articles 23 and 24, due to their particular vulnerability to secondary and repeat victimisation, to intimidation and to retaliation.;
Amendment 375 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c a (new)
Article 1 – paragraph 1 – point 10 – point c a (new)
Directive 2012/29/EU
Article 22 – paragraph 1g(new)
Article 22 – paragraph 1g(new)
(ca) in Article 22 the following paragraph 1g is inserted: 1b. Member States shall ensure that the individual needs assessment process is coordinated between competent justice and law enforcement authorities working with victims and responsible for the adoption of protection measures. Member States shall take the necessary measures to ensure cooperation and coordination with other involved services providing support for victims, including public or non-governmental organisations, throughout the individual needs assessment process.
Amendment 377 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c
Article 1 – paragraph 1 – point 10 – point c
Directive 2012/29/EU
Article 22 – paragraph 1i (new)
Article 22 – paragraph 1i (new)
(c) in Article 22 the following paragraph 1i is added: 1i. Member States shall ensure that the individual needs assessment process includes basic, extensive and specialist assessments best suited to address the particular circumstances of the victim, the crime and where the competent authority makes contact with the victim.
Amendment 380 #
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 2 – point a
Article 22 – paragraph 2 – point a
(a) the personal characteristics of the victim, including relevant experiences of discrimination, also when based on a combination of several grounds such as sex, gender, sexual orientation, gender identity, gender expression, sex characteristics, age, disability, religion or belief, language, racial, social or ethnic origin, sexual orientationresidence status;
Amendment 387 #
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 crimeincluding child sexual abuse, 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 and the online forms of those types of violence.;
Amendment 403 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Directive 2012/29/EU
Article 22a
Article 22a
(10a) the following article is inserted: ‘Article 22a Individual assessment of victims to identify specific support needs 1. Member States shall ensure that victims receive a timely and individual assessment to identify specific support needs during criminal proceedings, taking into account the individual assessment referred to in Article 22, and to determine whether and to what extent they would benefit from special measures provided for under Article 9(1), point c), due to their particular vulnerability to secondary and repeat victimisation, to humiliation, to intimidation and to retaliation.; 2. Competent authorities shall update the individual assessment at regular intervals to ensure the support measures relate to the victim’s changing situation. If the elements that form the basis of the individual assessment have changed significantly, Member States shall ensure that it is updated throughout the criminal proceedings.; 3. Article 22(2) to (5) shall apply to the individual assessment of support needs under paragraph 1 of this Article.’
Amendment 420 #
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
Article 25
Amendment 424 #
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 5a (new)
Article 25 - paragraph 5a (new)
(13h) in Article 25 a new paragraph is added: 5a. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self-regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of victims, victim-blaming in the media, media intrusion in criminal justice proceedings, overall media induced secondary victimisation and to ensure victim sensitive engagement with victims in particular when interviewing them.
Amendment 430 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a
Article 26a
-1 the following Article 26a is added in Chapter 5: Article 26a National coordination and cooperation framework 1. Member States shall establish a national coordination and cooperation framework to facilitate the development, implementation and delivery of victims’ rights, communications and support services in a consistent, efficient, co- ordinated and targeted manner. 2. Member States shall ensure that the development of victims’ rights addresses the needs and circumstances of all victims of crime whilst also providing adapted solutions for specific victim groups. Specialised solutions for specific groups of victims should be extended to other groups of victims where they will also benefit from such solutions. 3. Member States shall ensure the existence and regular review of: a. A National Victims’ Rights Strategy that sets out long term priorities, objectives, and actions to develop rights and services for all victims of crime b. A National Victims’ Rights Coordinator and Victims’ Rights Coordinating Committee responsible for co-ordinating the development and implementation of the National Victims’ Rights Strategy, national policy and procedures related to victims’ rights, and activities and actors across different sectors; c. An independent Victims’ Commissioner responsible for promoting and safeguarding the interests of victims including by conducting inquiries into systemic issues that affect large numbers or particular groups of victims of crime, representing the concerns of victims of crime to government and other decision- making bodies, monitoring and reporting on how agencies meet their legal obligations to victims under national or European law, investigating complaints from victims of crime who believe their rights and entitlements under the national law have not been met by an investigatory body, prosecuting agency and/or victims’ service. d. A national referral mechanism to co- ordinate a national system for referring victims between competent authorities and victims support services in accordance with Article 13. 4. Member States shall ensure that civil society, in particular victim support services, and victims are included in the decision-making process and coordination mechanisms.
Amendment 435 #
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, labour inspectorates, 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 445 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 –
Article 1 – paragraph 1 – point 14 –
Directive 2012/29/EU
Article 26a – paragraph 1 – point b
Article 26a – paragraph 1 – point b
(b) victims who are in detention including jails, detention centres and holding cells for suspects and accused, as well as specialised detention facilities for applicants of international protection and pre-removal centres or in other institutions, including accommodation centers where applicants and beneficiaries of international protection are locateddeprived of liberty according to article 5a.3:
Amendment 457 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26b (new)
Article 26b (new)
5 (new) the following Article 26b is added in Chapter 5 Coordinated system for communication with victims 1. Member States shall facilitate communications between victims and those responsible for working with victims of crime in the context of criminal proceedings and with respect to the support of victims, through a national communication co-ordination mechanism. Such a framework shall be established as part of the national co- ordination framework as referred to in Article 26a. 2. The communication mechanism shall include actors actively working with or for victims including law enforcement, prosecution authorities, judges, detention authorities, restorative justice services and victim support services from government and civil society and shall organise and coordinate the delivery of information to victims in a consistent manner across Member States territories and enable victims to communicate with relevant organisations. 3. The communication framework shall establish: a. what information should be communicated to victims, how, when and by whom; b. mechanisms and protocols for intra- and inter-agency cooperation for the communication of information to victims; c. the necessary legislative measures to facilitate the sharing of information, including information containing personal data of victims, between authorities working with victims and between those authorities and victim support services to ensure access to information and appropriate support and protection of individual victims. 4. Member States shall establish a single dedicated website to provide information to the public on victims’ rights, available victim services, functioning of the justice system and links to relevant procedures and application processes. 5. Member States shall ensure enhanced measures addressing the needs of victims who face higher barriers to communication, including but not limited to, victims who are residents of a Member State other than that where the crime was committed, victims with disabilities, and child victims. 6. 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.