51 Amendments of Elżbieta Katarzyna ŁUKACIJEWSKA related to 2019/2166(INI)
Amendment 2 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to the Directive 2012/29/EU of 25 October 2012 on establishing minimum standards on the rights, support and protection of victims of crime (the Victims‘ Rights Directive),
Amendment 39 #
Motion for a resolution
Recital A
Recital A
A. whereas gender equality is a fundamental value and an objective of the EUcore principle of the European Union and should be reflected in all EU policies; whereas gender-based violence is an extreme violation of human rights and a form of discrimination against women and one of the biggestmost serious obstacles to achieving gender equality; 1a _________________ 1a https://ec.europa.eu/info/policies/justice- and-fundamental-rights/gender- equality/gender-based-violence/what- gender-based-violence_en
Amendment 59 #
Motion for a resolution
Recital C
Recital C
C. whereas intimate partner violence refers to any act of physical, sexual, psychological or economic violence that occurs between former or current spouses or partners, whether or not the perpetrator shares or has shared a residence with the victim; whereas intimate partner violence is one of the most prevalent forms of gender-based violence, with an estimated 22 % of women having experienced physical and/or sexual violence, and 43 % having experienced psychological violence by their partner6 ; whereas women and children are disproportionately affected by this type of violence; whereas domestic violence is a serious and often long-term and hidden social problem that can causes systematic physical and/or psychological trauma with serious consequences for the victims, as the perpetrator is a person the victim should be able to trust; _________________ 6FRA report of 3 March 2014 entitled ‘Violence against women: an EU-wide survey’.
Amendment 62 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas intimate partner violence can also severely impact the emotional, economic and social well-being of the whole family, with adverse effects on parenting skills and on educational and employment outcomes;
Amendment 64 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. Whereas the rates of intimate partner violence in rural and remote communities are even greater than those in urban areas; whereas women of rural and remote areas experience higher rates of intimate partner violence and greater frequency and severity of physical, psychological and economical abuse which is intensified by the fact that they reside farther away from available resources and services where they would be able to find assistance; whereas poor understanding of domestic violence by health, social and legal services in rural and remote regions can be identified as a significant problem for survivors of intimate partner violence;
Amendment 65 #
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. Whereas at EU level the majority of single-parents households are single mothers who are particularly vulnerable economically, especially in the low wage categories, as well as more susceptible to leave the labour market early when becoming parents, thus disadvantaged when seeking to re-enter the labour market, and whereas in the EU, 40,3% of single parents households were at risk of poverty or social exclusion in 20191 1a ; _________________ 1a Eurostat. Statistics Explained: Children at risk of poverty or social exclusion (2020) https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Household_co mposition_statistics#More_and_more_ho useholds_consisting_of_adults_living_alo ne
Amendment 66 #
Motion for a resolution
Recital C d (new)
Recital C d (new)
C d. Whereas 30% of women who have experienced sexual victimization by a former or current partner also experienced sexual violence in childhood, and whereas 73 % of mothers who have been victims of physical and/or sexual violence by a partner indicate that at least one of their children has become aware of such violence taking place 1a; _________________ 1aFRA ”Violence against women: An EU Wide Survey” (2014) https://fra.europa.eu/sites/default/files/fra -2014-vaw-survey-at-a-glance- oct14_en.pdf
Amendment 67 #
Motion for a resolution
Recital C e (new)
Recital C e (new)
C e. Whereas the economic violence against women, in the form of, for example, property damage, restricting access to financial resources, education or the labour market, or not complying with economic responsibilities such as alimony, deserves as well due attention, as hampering the financial independence and the family wealth going hand in hand with the other forms of violence, and resulting in an additional trap for victims; this combined with the fact that economic and social stresses are exacerbating factors leading to an increase in violence, making it more difficult for women to leave abusive partners;
Amendment 69 #
Motion for a resolution
Recital D
Recital D
D. whereas the lockdown and social distancing measures during the COVID-19 pandemic have been associated with an exponential increase in the prevalence and intensity of intimate partner violence cases in many Member States, resulting from forced confinement within the home and making it difficult for women to access effective protection and support; whereas it revealed insufficient support resources and structures as well as limited access to support services for victims, whereas in spite of the prevalence of the phenomenon, intimate partner violence against women remains under-reported in the EU and there is a significant lack of comprehensive dataand comparable data; whereas the phenomenon has been aggravated due to the interruption of schooling;
Amendment 94 #
Motion for a resolution
Recital F
Recital F
F. whereas, in order to address the issue of the eradication of gender-based violence, it is necessary to rely on consistent and comparable administrative data, based on a robust and coordinated framework of data collection; whereas the current available data collected by the Member States’ law enforcement and justice authorities fail to reflect the full extent of intimate partner violence, as most and its impact and long-term effect on both women and children, as for example some Member States neither collect gender- segregated comparable data on gender- based violence nor do they recognise intimate partner violence as a specific offence, which makes the grey zone representing the real prevalence and incidence of intimate partner violence significantly unquantified and unmapped;
Amendment 98 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the acts of violence remain underreported by the victims, their families, friends, acquaintances and neighbours due to general belief that intimate partner violence is a private matter, which should not be publicised. Whereas the survey by the European Union Agency for Fundamental Rights (EUFRA) indicates that there is still systematic underreporting of incidences of domestic violence in the EU or of their perpetrators: two thirds of female victims do not report to the authorities, either out of fear or a lack of information about victim’s rights, leaving their rights unprotected, general belief that intimate partner violence is a private matter, which should not be publicised 1a; _________________ 1aEuropean Union Agency for Fundamental Rights, Violence against Women: an EU-wide Survey https://fra.europa.eu/sites/default/files/fra _uploads/fra-2014-vaw-survey-main- results-apr14_en.pdf
Amendment 123 #
Motion for a resolution
Recital J
Recital J
J. whereas it is preferable to avoid all mediationnecessary to ensure that the safety and protection of victims is given primary consideration in family law cases, alternative dispute resolution mechanism, such as mediation, should not be used in cases ofwhere violence against women and children is present, either before or during the judicial process, where the safety of the victim needs to be the primary considerationedings, in order to avoid further harm to the victims;
Amendment 134 #
Motion for a resolution
Recital L
Recital L
L. whereas shared custody in situations of intimate partner violence exposes women and in consequence children to a continuum of preventable violence, by forcing them to stay in geographical proximity to their abusers, and subjecting them to further exposure to physical and psychological violence, as well as emotional abuse; whereas, in cases of intimate partner violence, the right of women and children to be protected and live a life free of physical and psychological violence should take precedence over the preference for shared custody;
Amendment 136 #
Motion for a resolution
Recital L
Recital L
L. whereas shared custody in situations of intimate partner violence exposes women to a continuum of preventable violence, by forcing them to stay in geographical proximity to their abusers, and subjecting them to further exposure to physical and psychological violence, as well as emotional abuse; whereas, in cases of intimate partner violence, the right of women and children to be protected and live a life free of physical and psychological violence should take precedence over the preference for shared custody;
Amendment 137 #
L a. whereas it is therefore essential to give due attention to this type of violence while deciding on separation and provisional custody arrangements; whereas the courts of the Member States should ensure a comprehensive assessment under the "best interest of the child" principal, to determine custody and visitation rights with all relevant services and psychological support;
Amendment 138 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. Whereas the victims that are not financially independent are often forced to stay with their perpetrator within the same residence to avoid financial insecurity, homelessness or poverty and this tendency was lately enhanced through the COVID-19 pandemic;
Amendment 141 #
Motion for a resolution
Recital M
Recital M
M. whereas intimate partner violence is inherently interlinked with violence against children and child abuse; whereas children who are exposed to domestic violence are likely to suffer negative mental and physical health consequences that could be acute and chronic in nature; whereas child victimisation in situations of violence against women may continue and escalate in the context of parental disputes over custody and care; ren who grow up in violent home are more likely to become victims of child abuse, to have behavioural and psychological problems, learning disorders, limited social skills, may exhibit violent, risky or delinquent behaviour, suffer from depression, severe anxiety; whereas child victimisation in situations of violence against women may continue and escalate in the context of parental disputes over custody and care; whereas the mental health and wellbeing of children has deteriorated due to containment measures undertaken because of COVID-19; whereas the level of mental health services for children differs significantly between Member States and in many is not sufficient;
Amendment 144 #
Motion for a resolution
Recital M
Recital M
M. whereas intimate partner violence is inherently interlinked with violence against children and child abuse; whereas children who are exposed to domestic violence are likely to suffer negative mental and/or physical health consequences that could be acute and chronic in nature; whereas child victimisation in situations of violence against women may continue and escalate in the context of parental disputes over custody and care;
Amendment 145 #
Motion for a resolution
Recital N
Recital N
N. whereas growing up in a violent domestic environment has importantvery negative implications for the child’s development and subsequent behaviour as an adult; whereas exposure to violence as a child, either through experiencing maltreatment and/or witnessing partner violence, constitutes a risk factor for becoming vulnerable to victimisation or committing violence as an adult;
Amendment 151 #
Motion for a resolution
Recital O
Recital O
O. whereas transnational separationcross-border separation, divorce and custody proceedings are more complex in nature;
Amendment 159 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly condemns all forms of violence against women and deplores the fact that women continue to be exposed to intimate partner violence which constitutes a serious violation of their human rights and dignity, impacting as well women’s economic empowerment, this phenomenon being exacerbated during the COVID-19 crisis;
Amendment 162 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly condemns all forms of violence against women and deplores the fact that womin particular women and children continue to be exposed to intimate partner violence which constitutes a serious violation of their human rights and dignity;
Amendment 166 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls for ratification and implementation of the Istanbul Convention at a national and EU level; calls on the Member States to take all the necessary legislative or other measures to ensure that, in the determination of custody and visitation rights of children, incidents of intimate partner violence are taken into account and that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children; commends all campaigns advocating the ratification and implementation of the Istanbul Convention and strongly condemns all attempts to discredit it;
Amendment 171 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Calls on the Commission to add gender-based violence to the list of EU areas of crime under Article 83(1) TFEU, taking into account the special need to combat this crime on a common basis; calls on the Commission to use this as a legal basis to propose binding measures and a holistic EU framework directive to prevent and combat all forms of gender- based violence, including the impact of intimate partner violence on women and children, and contain uniform standards and due diligence obligation to collect data, to prevent, to investigate, to protect the victims and the witnesses, and to prosecute and punish the perpetrators; recalls that such new legislative measures should in any case be coherent with the rights and obligations of the Istanbul Convention and should be complementary to its ratification; recommends that the Istanbul Convention should be seen as a minimum standard and aspire to make further progress to eradicate gender- based and domestic violence;
Amendment 189 #
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 and the child right to maintain a meaningful relationship with both parents; 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 foron custody allocationnd access 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 mother, represents the best alternative in order to prevent further violence and secondary victimisation of the victims;
Amendment 199 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for mandatory targeted training, which according to Istanbul Convention would focus on the needs and concerns of victims as apriority and recognises that violence against women and domestic violence must be addressed through specific, and gender-sensitive, measures, for judicial and law enforcement officers about domestic violence and its mechanisms, including coercion, manipulation and psychological violence, 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 201 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for mandatory targeted training for judicial andry, legal professionals, law enforcement officers, social service workers, teachers and child carer about domestic violence and its mechanisms, including coercion, manipulation and psychological violence, 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 officerbest communicate with and support the victims and enable these professionals to assess the situation using reliable risk assessment tools;
Amendment 204 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls the provisions of the victims’ rights directive, whereas women victims of gender-based violence and their children often require special support and protection because of the high risk of secondary and repeat victimisation, of intimidation and of retaliation connected with such violence; calls therefore for attention to the victim -blaming attitudes in society, including among professionals in the criminal justice system;
Amendment 212 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Strongly recommends that Member States establish specialised courts and judicial officechambers, as well as appropriate laws, training, procedures and guidelines for all professionals dealing with the victims of intimate partner violence, 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 officecourts and chambers and child and female victim- friendly justice, limiting the excessive discretionary powers of practitioners and establishing checks on child custody procedures in cases of such violence by qualified professional figures;
Amendment 236 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses that in some EU Member States, up to 30% of calls to domestic violence helplines come from witnesses; and that those are generally more likely to report intimate partner violence to the authorities if dependent children are involved1a; this highlighting the importance of awareness-raising campaigns that enable witnesses (particularly neighbours, co-workers) to spot the signs of intimate partner violence (in particular non-physical violence), and provide guidance on how to support and assist victims; _________________ 1a EIGE ”Intimate Partner Violence and Witness Intervention: What are the Deciding Factors?” (2020) https://eige.europa.eu/publications/intima te-partner-violence-and-witness- intervention-what-are-deciding-factors[2] EIGE ”Intimate Partner Violence and Witness Intervention” https://eige.europa.eu/gender-based- violence/eiges-work-gender-based- violence/intimate-partner-violence-and- witness-intervention
Amendment 243 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to cooperate in order to provide quality, gender- segregated, accurate, reliable and comparable EU- wide data on the prevalence, causes, consequences and management of intimate partner violence and custody rights, making full use of the capacity and expertise of the EIGE, to better understand the scale and the causes of the problem; such as for instance the socio economic categories where it is more prevalent and other influencing factors as well as different legal frameworks and policies across countries, which can be explored closely through detailed country comparisons to identify policy frameworks that might influence the occurrence of violence;
Amendment 246 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States, in cooperation with Eurostat, to provide quality, gender- segregated and comparable EU-wide data on the prevalence, causes, consequences and management of intimate partner violence and custody rights, making full use of the capacity and expertise of the EIGE;
Amendment 254 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission and Member States to enhance the cooperation in order to take measures that empower the victims of intimate partner violence to come forward and report the crime as in many cases the intimate partner violence remains unreported;
Amendment 264 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its concern about the fact that discriminatory gender bias, such as gender stereotypes, often leads to a lack of trust in women, in particular concerning presumed false allegations of child abuse and of domestic violence;
Amendment 288 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to promote and guarantee better access to legal protection, effective hmearings andsures such as restraining orders,; counselling and victim funds for women victims of intimate partner violence, and to apply particular procedures and give support to mothers who are victims of domestic violence, in order to prevent them from becoming victims again as a result of losing custody of their childalls on the Member States to ensure victims of intimate partner violence have access to phycological support and counselling at every stage of the legal procedurens;
Amendment 290 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to promote better access to legal protection, effective hearings and restraining orders, counselling and victim funds and financial empowerment programs for women victims of intimate partner violence, and to apply particular procedures and give support to mothers who are victims of domestic violence, in order to prevent them from becoming victims again as a result of losing custody of their children;
Amendment 294 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Member States to guarantee support for mothers and their children who are victims of domestic violence by means of community, educational and financial support, such as victim funds for women victims of domestic violence, in order to ensure they have necessary skills and means to care for their children and prevent them from becoming victims of violence again or from losing the custody over their children;
Amendment 300 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Commission and the Member States to promote gender equality education and raising awareness on various forms of violence and gender biases and stereotypes.
Amendment 304 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Calls on the Commission to continue developing a comprehensive framework of policies, programmes and other initiatives to tackle violence against women and domestic violence; to allocate sufficient and adequate resources to actions related to the Istanbul Convention implementation through its funding programmes safeguarded in the provisions of Multiannual Financial Framework 2021-2027 and through the Daphne strand;
Amendment 313 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to promote EU-wide public awareness campaigns as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence; calls on the Commission to facilitate the exchange of best practices at European level on prevention, protection, combating and prosecution measures as well as exchange of best practices in their practical implementation; taking into account the specificity of the covid crisis to also focus on the impact on children;
Amendment 319 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to promote EU-wide public awareness and educational campaigns as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence;
Amendment 326 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Member States to implement correctly the EU Victims´ Rights Directive, so that victims of intimate partner violence get full access to a range of support services ideally across the territory of the Member State;
Amendment 329 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission and on the Council to include violence against women and children and other forms of gender-based violence in the catalogue of EU recognised crimes;
Amendment 332 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Highlights that strategies to prevent intimate partner violence should include actions to reduce exposure to violence during childhood; teaching skills necessary to create safe and healthy relationship as well as challenging social norms that promote supremacy and authoritarian behaviour of men over women, or other forms of sexist behaviour;
Amendment 334 #
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
Amendment 335 #
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Calls on the Member States to provide access to affordable legal services and tailored services and responses to specific contexts in which the intimate partner violence occurs in rural areas; highlights the need to create networks between different services and programs in order to successfully combat the cases of domestic violence against women in rural and remote regions; calls for more community education and awareness raising as well as training and education on intimate partner violence in police and social services in rural and remote areas stressing the importance of education in informing and supporting children as well as programmes for conflict resolution, positive role models and cooperative play;
Amendment 337 #
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 chile importance of the child’s right to be heard whilen 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; highlights the importance of ensuring a long-term proper level of psychological, psychiatric care and social counselling for the victims and their children throughout the process of recovery after the time of abuse;
Amendment 357 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to recognise the interconnectedness of criminal, civil and other legal proceedings in order to coordinate the judicial responses to intimate partner violence and to avoidsuggests therefore to the Member States to foresee measures that link the criminal and the civil case of one family, so that discrepancies between judicial decisions that are harmful to children and women victims can be avoided;
Amendment 364 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Stresses the importance of the implementation of work-life balance directive, as this is particularly important for lone parents, thus helping them cope with their specific employment situation as well as with caring duties -such as availability of care facilities;
Amendment 365 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Calls for a specific attention to be drawn to the situation of single-parents households and the cross border collection of alimony, as the current provision in place -namely the Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations and the UN Convention on the Recovery Abroad of Maintenance, setting down legal obligations on cross – border collection of alimonies, is challenged as far as its enforcement and practicalities are concerned; stresses that the legal tools on cross-border collection of alimony need to be enforced with public awareness raising of their availability;
Amendment 368 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Calls therefor the European Commission to work closely with the Member States to identify practical problems linked with alimony collection in cross-border situations and to develop tools to effectively enforce payment obligations; stresses the importance of the issue and its consequences on single parent families and the risks of poverty;