24 Amendments of Atidzhe ALIEVA-VELI related to 2022/0066(COD)
Amendment 43 #
Proposal for a directive
Recital 8
Recital 8
(8) Domestic violence is a seriousgrave social problem which often remains hidden as a result of societal stigmatisation of the subject. It can lead to serious psychological and physical trauma with severe consequences for a victim's personal and professional life because the offender typically is a person known to the victims, whom they would expect to be able to trust. Such violence can take on various forms, including physical, sexual, psychological and economic. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.
Amendment 45 #
Proposal for a directive
Recital 9
Recital 9
(9) In light of the specificities related to these types of crime it is necessary to lay down a comprehensive set of rules, which addresses the persisting problem of violence against women and domestic violence in a targeted manner and caters to the specific needs of victims of such violence in an intersectional and gender- sensitive manner. The existing provisions at Union and national levels have proven to be insufficient to effectively combat and prevent violence against women and domestic violence. In particular, Directives 2011/36/EU and 2011/93/EU concentrate on specific forms of such violence, while Directive 2012/29/EU of the European Parliament and of the Council38 lays down the general framework for victims of crime. While providing some safeguards for victims of violence against women and domestic violence, it is not set out to address their specific needs. _________________ 38 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
Amendment 56 #
Proposal for a directive
Recital 12
Recital 12
(12) Victims of violence against women and domestic violence are at an increased risk of intimidation, retaliation, secondary and repeat victimisation. Particular attention should thus be paid to these risks and to the need to protect the dignity and physical integrity of such victims. Encounters with specialised support services should ensure victims are treated in a humane way and avoid re- traumatisation.
Amendment 60 #
Proposal for a directive
Recital 13
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women and girls. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain. Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. and girls.
Amendment 67 #
Proposal for a directive
Recital 19
Recital 19
(19) Especially due to its tendency for easy, swift and broad distribution and perpetration, as well as its intimate nature, the non-consensual making accessible of intimate images or videos and material that depict sexual activities, to a multitude of end-users, by means of information and communication technologies, can be verextremely harmful for the victims. The offence provided for in this Directive should cover all types of such material, such as images, photographs and videos, including sexualized images, audio clips and video clips. It should relate to situations where the making accessible of the material to a multitude of end-users, through information and communication technologies, occurs without the victim’s consent, irrespective of whether the victim consented to the generation of such material or may have transmitted it to a particular person. The offence should also include the non-consensual production or manipulation, for instance by image editing, of material that makes it appear as though another person is engaged in sexual activities, insofar as the material is subsequently made accessible to a multitude of end-users, through information and communication technologies, without the consent of that person. Such production or manipulation should include the fabrication of ‘deepfakes’, where the material appreciably resembles an existing person, objects, places or other entities or events, depicting sexual activities of another person, and would falsely appear to others to be authentic or truthful. In the interest of effectively protecting victims of such conduct, threatening to engage in such conduct should be covered as well.
Amendment 81 #
Proposal for a directive
Recital 32
Recital 32
(32) Victims of violence against women and domestic violence are often in need of specific support. To ensure they effectively receive offers of support, the competent authorities should refer victims to appropriate specialised support services. This should in particular be the case where an individual assessment has found particular support needs of the victim. In that case, support services should be able to reach out to the victim even without the victim’s consent. For the processing of related personal data by competent authorities, Member States should ensure that it is based on law, in accordance with Article 6(1)(c) read in conjunction with Article (6)(2) and (3) of Regulation (EU) 2016/679 of the European Parliament and of the Council41 . Such laws should include appropriate personal data safeguards that respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the individuals. Where competent authorities transfer victims’ personal data to support services for victims’ referral, they should ensure that the data transferred is limited to what is necessary to inform the services of the circumstances of the case, so that victims receive appropriate support and protection. _________________ 41 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), (OJ L 119, 4.5.2016, p. 1–88).
Amendment 83 #
Proposal for a directive
Recital 33
Recital 33
(33) Member States should take the necessary measures to ensure the availability of emergency barring, restraining and protection orders to ensure effective protection of victims and their dependants in particular as regards the residence and the workplace of the victim.
Amendment 90 #
Proposal for a directive
Recital 44
Recital 44
(44) In order to avoid secondary victimisation, victims should be able to obtain compensation in the course of criminal proceedings. Compensation from the offender should be full and should not be restricted by a fixed upper limit. It should cover all harm and trauma experienced by victims and costs incurred to manage the damages, including among other things therapy costs, impact on the victim’s employment situation, loss of earnings, psychological damages, and moral prejudice due to the violation of dignity. The amount of compensation should reflect that victims of domestic violence may have to uproot their lives in order to seek safety, entailing a possible loss or change of employment or finding new schools for children or even creating a new identity.
Amendment 98 #
Proposal for a directive
Recital 50 a (new)
Recital 50 a (new)
(50 a) Violence and harassment in the world of work is unacceptable and incompatible with decent work. It affects a person’s psychological, physical and sexual health, dignity, and family and social environment, as well as the quality of public and private services. In particular, it can prevent persons, particularly women, from accessing, and remaining and advancing in the labour market and is therefore a threat to equal opportunities. It also negatively affects the organisation of work, workplace relations, worker engagement, enterprise reputation and productivity.
Amendment 108 #
Proposal for a directive
Recital 51 b (new)
Recital 51 b (new)
(51 b) In order to support workers who are victims of gender-based violence and harassment and domestic violence to remain in the work force, Member States should ensure that such workers have the right to request short-term flexible working arrangements to adjust their working patterns, including, where possible, through the use of remote working arrangements or transfer of working location, flexible working schedules, or a reduction in working hours, for the purposes of ensuring their continued attachment to the labour market and professional development while providing the necessary flexibility for them to address the impact of such violence on their personal lives such as attending court, medical or bank appointments, seeking alternative accommodation or moving house as well as childcare arrangements which can be impractical to do outside their ordinary hours of work. The duration of such flexible working arrangements shall be determined by the Member States.
Amendment 117 #
(52) Member States should ensure that national helplines are operated under the EU-harmonised number [116016] and this number is widely advertised as a public number, free of charge and available round-the-clock. The support provided should be accessible to persons with disabilities, include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police.
Amendment 118 #
Proposal for a directive
Recital 53
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial and employment situation and the well-being of their children, ultimately preparing victims for an autonomous life. Shelters and other appropriate interim accommodations should be made available to accommodate the specific needs of victims with disabilities.
Amendment 129 #
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence and associated stigma and inform all persons, including victims themselves, of the signs of violence and abuse. Prevention should also take place in formal education, in particular, through strengthening comprehensive sexuality education and socio-emotional competencies, empathy and developing healthy and respectful relationships. with a particular focus on addressing boys and young men.
Amendment 137 #
Proposal for a directive
Recital 60
Recital 60
(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive regular and mandatory training and targeted information. Trainings should be gender- and disability-sensitive and cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. To prevent and appropriately address instances of sexual harassment atviolence and harassment in the world of work, persons with supervisory functions should also receive such training. These trainings should also cover assessments regarding in particular sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed or assaulted by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
Amendment 216 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall ensure that, in situations of immediate danger for the victim’s or their dependant’s health or safety, the competent authorities issue orders addressed at an offender or suspect of violence covered by this Directive to vacate the residence of the victim or their dependants for a sufficient period of time and to prohibit the offender or suspect from entering the residence or to enter or contact the victim’s workplace or contacting the victim or their dependants in any way. Such orders shall have immediate effect and not be dependent on a victim reporting the criminal offence.
Amendment 220 #
Proposal for a directive
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) how to treat victims in a trauma-, gender-, disability-, and child-sensitive manner;
Amendment 231 #
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall ensure that free of charge, confidential, specialist support services referred to in Articles 8(3) and 9(3) of Directive 2012/29/EU are available for victims of acts of violence covered by this Directive. Member States shall ensure that the specialist support services be made available to accomodate people with disabilities. The specialist support services shall provide:
Amendment 279 #
Proposal for a directive
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2 a. Member States shall ensure that shelters and other appropriate interim accommodations shall be made available to accommodate the specific needs of victims with disabilities.
Amendment 289 #
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Preventive measures shall include awareness-raising campaigns, in particular campaigns aimed at tackling stigma surrounding domestic and gender-based violence, informing victims of available supports and educating all persons on recognising signs of violence and how to support victims safely, as well as other measures such as social dialogue and collective bargaining, research and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.
Amendment 305 #
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 support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist 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, avoid further violence or revictimisationd to treat victims in a trauma-, gender-, disability- and child- sensitive manner.
Amendment 310 #
Proposal for a directive
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Persons with supervisory functions in the workplace, in both the public and private sectors, shall receive training on how to recognise, prevent and address sexual harassment atgender-based violence and harassment in the world of work, including on risk assessments concerning occupational safety and health risks, their reporting obligations, to provide support to victims affected thereby and respond in an adequate manner in particular as regards appropriate specialised support services to refer victims to and the rights set out in this directive. Those persons and employers shall receive information about the effects of violence against women and domestic violence on work and the risk of third party violence.
Amendment 311 #
Proposal for a directive
Article 37 – paragraph 3 a (new)
Article 37 – paragraph 3 a (new)
3 a. Member States shall ensure that employers take appropriate steps commensurate with their degree of control to prevent gender-based violence and harassment in the world of work and in particular to: a. adopt and implement, in consultation with workers and their representatives, an inclusive and gender-responsive workplace policy on gender-based violence and harassment; b. appoint a designated confidential counsellor to provide support and informal advice for victims of gender- based violence and harassment in the world of work, whether perpetrated by a colleague or a third party; c. ensure there is no adverse treatment or consequences in the workplace for victims of gender-based violence and harassment in the world of work; d. take into account gender-based violence and harassment and associated psychosocial risks in the management and risk-assessment of occupational safety and health and; e. provide workers and their representatives with information and training, in accessible formats as appropriate, on the identified hazards and risks of violence and harassment and the associated prevention and protection measures, including on the rights and responsibilities of workers.
Amendment 325 #
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, labour inspectorates, support service providers as well as non- governmental organisations, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities.
Amendment 333 #
Proposal for a directive
Article 44 – paragraph 2 – introductory part
Article 44 – paragraph 2 – introductory part
2. The statistics shall include the following data disaggregated by sex, disability, age of the victim and of the offender, relationship between the victim and the offender and, type of offence and setting where the offence took place: