35 Amendments of Estrella DURÁ FERRANDIS related to 2022/0066(COD)
Amendment 30 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) Member States should ratify without delay the International Labour Organization (ILO) Convention (No 190) of 21 June 2019 on Eliminating Violence and Harassment in the World of Work and ILO´s Violence and Harassment Recommendation (No 206) of 21 June 2019 and put in place the necessary law and policy measures to prohibit, prevent and tackle violence and harassment in the labour market.
Amendment 37 #
Proposal for a directive
Recital 5
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein, without discrimination on account of any ground. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
Amendment 51 #
Proposal for a directive
Recital 10
Recital 10
(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and, where relevant, the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva. _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.
Amendment 63 #
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women in the world of work, politicians, journalists and human rights defenders, as well as persons who are part of marginalised communities. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education, career and to their mental health, which may, in extreme cases, lead to suicide. Women and girls exposed to discrimination and violence on the basis of a combination of their sex or gender and other grounds are disproportionately affected by cyber violence, including cyber harassment or cyber incitement to violence or hatred.
Amendment 80 #
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 safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender.
Amendment 89 #
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 and cyber incitement to violence or hatred may have to uproot their lives in order to seek safety, entailing a possible change of employment or finding new schools for children or even creating a new identity.
Amendment 99 #
Proposal for a directive
Recital 51
Recital 51
(51) HSexual harassment and harassment at work is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Given that sexual harassment at work hasILO Convention 190 applies to violence and harassment in the world of work occurring in the course of, linked with or arising out of work. According to its Article 3, this includes the workplace, but also the places where the worker is paid, takes a break, or uses sanitary facilities, is on a work-related trips, engages in work- related communication, when they are commuting to and from work or staying in employer accommodation. This recognizes the fact that violence in the course of employment can take place away from the traditional place of work, and relate to the spill-over of domestic violence at work . Given that sexual harassment at work, as well as cyber violence and harassment at work and domestic violence have significant negative consequences both for the victims and the employers, advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes, should be provided by external, specialised counselling services to both victims and employers.
Amendment 104 #
Proposal for a directive
Recital 51 a (new)
Recital 51 a (new)
(51 a) The social partners play a key role in addressing harassment at work, one of the common place of harassment, as well as domestic violence. Employer and trade unions are particularly well-placed to take measures to address harassment at work, including sexual harassment, and cyber violence at work. Furthermore, the Preamble to ILO Convention 190 recognises domestic violence as related to the workplace, noting that domestic violence can affect employment, productivity and health and safety. With the increasing availability of home-based telework, the site of domestic violence can in fact be the workplace of victim. Employers and trade unions can contribute, as part of other measures, to identify instances of domestic violence, to support victims and to address the impacts of domestic violence on professional life. There are already many examples of good practices and agreements between employers and trade unions on workplace practices that give support to victims of domestic violence, enabling them to continue working safely. Trade union and workplace health and safety representatives can, with appropriate training, play a particularly important role in offering assistance to victims of sexual harassment, cyber violence and domestic violence.
Amendment 110 #
Proposal for a directive
Recital 51 b (new)
Recital 51 b (new)
(51 b) Member States should ensure that employers, in consultation with trade union representatives, take appropriate measures to prevent and address instances of sexual harassment at work and cyber violence at work, and to identify and provide adequate support to victims of domestic violence. Victims should have access to legal remedies, information and a right to receive support from a trade union representative, and should be entitled to paid time off to attend counselling and take leave of appropriate duration.
Amendment 113 #
Proposal for a directive
Recital 51 c (new)
Recital 51 c (new)
(51 c) Member States should ensure that trade unions are able to bargain collectively on workplace measures to prevent and address sexual harassment at work and cyber violence at work, and to identify and support victims of domestic violence. Member States should take measures to promote collective bargaining on workplace practices on preventing and addressing instances of sexual harassment, cyber violence and domestic violence, including through awareness- raising and training of employers, trade union representatives and workplace health and safety representatives.
Amendment 128 #
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. Special awareness should be paid in awareness-raising campaigns to women experiencing discrimination and violence on the basis of the combination of their sex or gender and other grounds, and by victims at an increased risk of 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.
Amendment 135 #
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 training and targeted information. Trainings should 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 at work, persons with supervisory functionhey should include prevention and identification of sexual harassment of the most marginalised groups who are often the less believed when reporting, such as women with disabilities. To prevent and appropriately address instances of sexual harassment at work and cyber violence at work, and to identify and address instances of domestic violence and its consequences on workers, persons with supervisory functions, trade union representatives and workplace health and safety representatives should also receive training. These trainings should also cover assessments regarding sexual harassment at work, cyber violence at work, and domestic violence 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 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 141 #
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 trainings in particular regarding harmful gender stereotypes, including on multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 146 #
Proposal for a directive
Recital 65
Recital 65
(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestic violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, as this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.
Amendment 169 #
Proposal for a directive
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(g) “sexual harassment atin the world of work” means any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising in matters of employment, occupation and self- employment, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;
Amendment 183 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) making material containing the personal data of another person, without that person’s consent, accessible to a multitude of end-users, by means of information and communication technologies, for the purpose of inciting those end-users to cause physicalor threaten to cause physical or economic, or significant psychological harm to the person.
Amendment 201 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims, including those with disabilities and living in institutions, can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner, including through the use of Braille and sign language. This shall include the possibility of reporting criminal offences online or through other accessible information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
Amendment 234 #
Proposal for a directive
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) advice and information on any relevant legal or practical matters arising as a result of the crime, including on access to decent housing, education, training and assistance to remain in or find quality employment;
Amendment 238 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of violence against women and domestic violence, including those with disabilities and living in institutions.
Amendment 243 #
Proposal for a directive
Article 27 – paragraph 4
Article 27 – paragraph 4
4. Member States shall provide the protection and specialist support services necessary to comprehensively address the multiple needs of victims at the same premises, or have such services coordinated through a central contact point, or through one-stop online access to such services. Such combined offering of services shall include at least first hand medical care and social services, psychosocial support, legal, and police services, and be available and accessible to victims with disabilities.
Amendment 253 #
Proposal for a directive
Article 30 – title
Article 30 – title
30 Specialist support for victims of sexual harassment at, cyber violence and third-party violence in the world of work
Amendment 256 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall, in consultation with the social partners, take measures to ensure external counselling services and legal services are available for victims and employers in cases of sexual harassment at work or cyber violence and harassment at work. These services shall include advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishespending the outcome of dismissal procedure .The possibility of early conciliation should be available only if the victim so wishes .The costs of such counselling services and legal services shall be covered by the Member State or by the employer .
Amendment 260 #
Proposal for a directive
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
Member States shall ensure that victims of sexual harassment at work or cyber violence and harassment at work including victims of domestic violence shall be entitled to paid leave in order to attend counselling services and to paid leave of appropriate duration. Workers shall have the right to receive support and representation from their trade union, and to have access to information on available remedies and access to legal remedies. Trade union representatives shall be able to support workers in any relevant proceedings.
Amendment 262 #
Proposal for a directive
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
Member States shall ensure that employers take appropriate measures to prevent and address instances of sexual harassment, cyber violence and third- party violence at work. Employers must be prevented from direct and indirect discrimination of workers on the basis that they have sought to vindicate their rights under this Directive, taken a claim, or been proved to be a victim of sexual harassment, domestic violence, cyber violence, and / or exposed to non- consensual sharing of intimate or manipulated material.
Amendment 267 #
Proposal for a directive
Article 30 a (new)
Article 30 a (new)
Article 30 a Support at work for victims of domestic violence 1. Member States shall ensure that employers, in cooperation with trade union representatives, take appropriate measures to provide a safe working environment and support to victims of domestic violence, and to ensure that consequences of domestic violence on the safety of victims and co-workers and on productivity and performance at work are not taken into account in performance evaluations. Workers shall have the right to receive support from a trade union and the workplace health and safety representative. 2. Victims of domestic violence shall be entitled to paid leave of appropriate duration.
Amendment 270 #
Proposal for a directive
Article 30 b (new)
Article 30 b (new)
Article 30 b Collective bargaining on harassment at work and domestic violence 1. Member States shall ensure that trade unions are able to bargain collectively on workplace measures to prevent and address sexual harassment at work and cyber violence at work, and to identify and support victims of domestic violence. 2. Member States shall take measures to promote collective bargaining on workplace practices on preventing and addressing instances of sexual harassment, cyber violence and domestic violence, including through awareness- raising and training of employers, trade union representatives and workplace health and safety representatives.
Amendment 277 #
Proposal for a directive
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
Amendment 291 #
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures available to the general public and in formats accessible to persons with disabilities.
Amendment 299 #
Proposal for a directive
Article 36 – paragraph 8
Article 36 – paragraph 8
8. Member States shall ensure that sexual harassment at, in consultation with the social partners, ensure that sexual harassment, cyber violence, third-party violence and domestic violence in the word of work is addressed in relevant national policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where workers are most exposed.
Amendment 303 #
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, trade union representatives and workplace health and safety representatives 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 and to treat victims in a trauma-, gender-, disability - and child- sensitive manner.
Amendment 309 #
Proposal for a directive
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Persons with supervisory functions in the workplace, as well as trade union representatives and workplace health and safety representatives, in both the public and private sectors, shall receive specific training on how to recognise, prevent and address sexual harassment at work, including on risk assessments concerning occupational safety and health risks, cyber violence at work and domestic violence, including on gender responsive risk assessments concerning occupational safety and health risks, including risks of gender based violence and harassment from third parties and risk of domestic violence, to provide support to victims affected thereby, and witnesses , and respond in an adequate manner. 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. They shall also receive training on how to recognize instances of domestic violence and provide support to victims and ensure that victims are able to continue working in a safe environment.
Amendment 315 #
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 appropriately trained to facilitate and assist in the reporting of such crimes, including from victims with disabilities.
Amendment 328 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult social partners on the working environment, civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 334 #
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 and place of offence :
Amendment 337 #
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(b a) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offense.