5 Amendments of Anna HEDH related to 2011/0129(COD)
Amendment 127 #
Proposal for a directive
Recital 9
Recital 9
(9) A person should be considered a victim regardless of whether a perpetrator is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim. Family members of victims are also harmed as a result of the crime, in particular the family of a deceased victim, who have a legitimate interest in criminal proceedings. Children who are witnessing domestic violence may also exhibit similar psychological reactions to children who have been subject to actual abuse. Such indirect victims should therefore also benefit from protection, support and the right to compensation under this Directive. Victims need appropriate support and assistance even before reporting a crime. Such support can be crucial both for the recovery of the victim and in any decision to ultimately report the crime.
Amendment 348 #
Proposal for a directive
Article 11 – title
Article 11 – title
Right to safeguards in the context of mediation and otheraccess safe, competent restorative justice services
Amendment 351 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Member States shall establish standards to safeguard the victim from intimidation or further victimisation, to be applied when providing mediation or other restorative justice services. Such standards shouldtake measures to ensure that a victim who chooses to participate in the restorative justice process has access to safe, competent restorative justice services that safeguard the victim from intimidation or further victimisation. Such measures shall as a minimum include the following:
Amendment 355 #
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) mediation or restorative justice services are used only if they areavailable to all victims of crime who choose to access them in their own interest of the victim, subject to any safety considerations, and based on the victims' free and informed consent; this consent may be withdrawn at any time;
Amendment 367 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall facilitate the referral of caspromote and facilitate victims' access to mediation or other restorative justice services, including through the establishment of protocolguidelines on the conditions for referral.