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(Joint committee procedure – Rule 58 of the Rules of Procedure)

Rapporteurs: Frances Fitzgerald, Evin Incir

Rapporteur for the opinion of the associated committee pursuant to Rule 57 of the Rules of Procedure:

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* Consultation procedure

*** Consent procedure

***I Ordinary legislative procedure (first reading)

***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

(The type of procedure depends on the legal basis proposed by the draft act.)

Amendments to a draft act

Amendments by Parliament set out in two columns

Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

Amendments by Parliament in the form of a consolidated text

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence

(COM(2022)0105 – C90058/2022 – 2022/0066(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0105),

– having regard to Article 294(2) and Articles 82(2) and 83(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90058/2022),

– having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to Rule 59 and 40 of its Rules of Procedure,

– having regard to the joint deliberations of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality under Rule 58 of the Rules of Procedure,

– having regard to the opinion of the Committee on Employment and Social Affairs, the Committee on Budgets and the Committee on Legal Affairs

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality of the (A9-0234/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a directive

Citation 1

Text proposed by the Commission

Amendment

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(2) and Article 83(1) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(2) and Article 83(1) and (2) thereof,

Amendment 2

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1) The purpose of this Directive is to provide a comprehensive framework to effectively combat violence against women and domestic violence throughout the Union. It does so by strengthening and introducing measures in the following areas: the definition of relevant criminal offences and penalties, the protection of victims and access to justice, victim support, prevention, coordination and cooperation.

(1) The purpose of this Directive is to provide a comprehensive framework to effectively prevent and combat violence against women and domestic violence throughout the Union. It does so by strengthening and introducing measures in the following areas: the definition of relevant criminal offences and penalties, the protection of victims and access to justice, victim support and compensation, enhanced data collection, prevention, coordination and cooperation.

Amendment 3

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2) Equality between women and men and non-discrimination are core values of the Union and fundamental rights enshrined, respectively, in Article 2 of the Treaty on European Union and in Articles 21 and 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Violence against women and domestic violence endanger these very principles, undermining women and girls’ rights to equality in all areas of life.

Amendment 4

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3) Violence against women and domestic violence violate fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protection, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union.

(3) Violence against women and domestic violence is a violation of fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, the right to liberty and security, personal data protection, the right to non-discrimination, including on the grounds of sex, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child.

Amendment 5

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, sexual assault, female genital mutilation, intersex genital mutilation, forced sterilisation, forced marriage, sexual harassment in the world of work, the non-consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, the unsolicited receipt of sexually explicit material, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/E36 and 2011/93/EU37of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, intimate partner violence, sexual harassment, sexual abuse, stalking, early forced abortion , sexual exploitation through the prostitution of others, preventing or attempting to prevent a voluntary termination of pregnancy and different forms of cyber violence, such as online sexual harassment, or cyber bullying. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or partners, irrespective of whether or not they share housing. However, in order to fully complete the legislative framework to address all forms of gender-based violence, it is imperative that the areas of crime listed in Article 83(1) of the Treaty on the Functioning of the European Union (TFEU) be extended in order to include gender-based violence.

__________________

2 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11.

2 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims (OJ L 101, 15.4.2011, p. 1).

3 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1–14.

Amendment 6

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(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. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.

(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately, but not exclusively, affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. According to Eurostat data from 2015, nine out of ten rape victims and eight out of ten sexual assault victims in the Union were women. 99 % of those imprisoned for such crimes were men. This Directive acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.

Amendment 7

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) Due to their vulnerability, children who witness violence against women or domestic violence suffer a direct emotional harm, which impacts their development. Therefore, such children should be considered victims and benefit from targeted protection measures.

(6) Due to their vulnerability, children who witness violence against women or domestic violence suffer direct emotional and psychological harm, which impacts their development. Therefore, such children should be considered victims and benefit from targeted and specialised protection measures, targeted and specialised prevention measures and targeted and specialised support measures. Member States should, in particular, ensure that children of a parent who has been killed as a result of violence against women or domestic violence receive the support they need, including through targeted protection measures and support, especially during any relevant judicial proceedings, due to their particularly vulnerable situation. Targeted measures for children should be based on a holistic and gender-specific understanding of the dynamics of abusive relationships and should ensure that any re-victimisation of the child is avoided and should ensure the rights of the child. That is especially important when considering child custody rights and visitation rights.

Amendment 8

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7) Violence against women is a persisting manifestation of structural discrimination against women, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.

(7) Violence against women is understood to be a violation of human rights and to be a major public health issue and is a persisting manifestation of structural discrimination against women in all their diversity, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, gender stereotypes, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’. It remains widespread and affects women at all levels of society, regardless of age, education, income, social position or country of origin or residence. It is one of the most serious obstacles to achieving gender equality.

Amendment 9

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) Domestic violence is a serious social problem which often remains hidden as a result of social stigma. 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 the victim would expect to be able to trust. Such violence can take on various forms, including physical, sexual, psychological, and economic and can occur within a range of relationships. Domestic violence often includes coercive control and may occur whether or not the offender shares or has shared a household with the victim.

Amendment 10

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(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. 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 Council4 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.

(9) The persisting gravity of the problem of violence against women and domestic violence in the Union, which is clearly demonstrated by the fact that the existing legal acts and their implementation have proven to be insufficient, in combination with the specificities of those crimes, justifies treating victims of violence against women and domestic violence differently in comparison to victims of other crimes in the Union and justifies the specific measures introduced by this Directive in relation to victims of violence against women and domestic violence. 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 gender-sensitive and holistic manner and caters to the specific needs of victims of such violence. 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 2011/93/EU concentrate on specific forms of such violence, while Directive 2012/29/EU of the European Parliament and of the Council4 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.

__________________

4 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 11

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(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)5, and its General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19, 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’)6, 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, and the International Labour Organization’s Convention concerning Discrimination in Respect of Employment and Occupation and Convention concerning decent work for domestic workers.

__________________

5 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979.

6 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.

Amendment 12

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender-based violence.

(11) Violence against women and domestic violence can be exacerbated where it intersects with and is inseparable from discrimination based on gender or sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, residence status, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities, pregnant women, women living in rural areas and women with a minority racial or ethnic background are at a heightened risk of experiencing gender-based violence and domestic violence. For example, acts of gender-based violence which seek to punish victims for their sexual orientation, gender expression or gender identity, such as so-called “corrective rape”, should be given particular attention. In addition, 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 and cyber incitement to violence or hatred and, therefore, those offences should be treated with due gravity.

Amendment 13

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(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 physical and psychological dignity and integrity of such victims in all cases, including before, during and after criminal proceedings, and their right to protection and support, while ensuring justice by holding offenders accountable. According to a report from the European Union Agency for Fundamental Rights entitled ‘Violence against women: an EU-wide survey’, 67% of victims of sexual violence have had some previous acquaintance or relationship with the perpetrator and, therefore, robust victim protection is needed in order to prevent further attacks.

Amendment 14

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. 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. .

(13) Rape is one of the most serious offences breaching a person’s dignity and sexual and bodily integrity and is a crime that disproportionately affect women. 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, possibly financial gain or punishment through “corrective rape”. 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 in particular.

Amendment 15

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14) Rape should explicitly include all types of sexual penetration, with any bodily part or object. The lack of consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape even where committed against a spouse or intimate partner.

(14) Rape should explicitly include all types of sexual penetration, with any bodily part or object. The lack of consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved when the act is committed. Consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape, including where committed against a spouse or intimate partner.

Amendment 16

Proposal for a directive

Recital 14 a (new)

Text proposed by the Commission

Amendment

(14a) Sexual assault is a type of sexual violence that disproportionately affects women and that seriously violates a person's physical integrity and bodily autonomy. National law on sexual assault varies widely across Member States and there is therefore a clear need to establish rules on sexual assault at Union level. Sexual assault covers acts of a sexual nature. Acts of a sexual nature includes acts where there is physical contact between the perpetrator’s body and the victim’s genitals and acts where there is contact between the victim’s body and the perpetrator’s genitals.

Amendment 17

Proposal for a directive

Recital 14 b (new)

Text proposed by the Commission

Amendment

(14b) Consent should always be given freely and voluntarily. Consent should be withdrawable at any given time during an act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. There are a number of situations in which a victim is unable to form free will and offences committed in those situations should therefore be deemed non-consensual acts. While making an assessment of a particular situation, personal and external circumstances should be taken into account. In that context, fear is not limited to the threat of a criminal act. The lack of consent due to intoxication should cover incapacitation caused by drugs, alcohol or other intoxicating substances. Particularly vulnerable situations include situations in which victims have clearly limited opportunities to defend their bodily and sexual integrity and avoid an assault. A particularly vulnerable situation could also include situations of a particularly serious power imbalance or of serious economic dependence. Stealthing involves intentionally and secretly ceasing to use a method of prophylaxis or reproductive control during penetration. Due to the fact that stealthing changes the circumstances in which consent was given, it could be considered rape or sexual assault.

Amendment 18

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15) With regard to offences amounting to rape, offenders who have been previously convicted of offences of the same nature should be obliged to participate in intervention programmes to mitigate the risk of recidivism.

(15) Offenders who have been convicted of rape should be obliged to participate in evidence-based intervention programmes to mitigate the risk of recidivism, to ensure safe relations and to address, in a comprehensive and informative manner, the harm caused by recognising their responsibility and changing their harmful attitudes and behaviours. The competent authorities should inform the judicial authorities of the availability of such programmes.

Amendment 19

Proposal for a directive

Recital 15 a (new)

Text proposed by the Commission

Amendment

(15a) Forced marriage is a form of exploitation that primarily affects women and girls and has the intention of asserting domination over them. It is a form of violence that entails serious violations of fundamental rights and, in particular, the rights of women and girls to physical integrity, freedom, autonomy, physical and mental health, sexual and reproductive health, education and a private life. Poverty, unemployment, custom or conflicts are all factors that promote forced marriage. Physical and sexual violence and threats of violence are frequently used forms of coercion to force a woman or girl to marry. Once forced to marry, there is a greater risk of sexual exploitation and further violence. Often, forms of physical and psychological exploitation and violence, such as sexual exploitation, accompany forced marriage. It is therefore necessary that all Member States criminalise forced marriage, subject offenders to appropriate penalties and make it possible for such marriages to be annulled or dissolved without any excessive administrative or financial burden for victims.

Amendment 20

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16) In order to address the irreparable and lifelong damage female genital mutilation has on victims, this offence should be specifically and adequately addressed in the criminal laws. Female genital mutilation is an exploitative practice that pertains to the sexual organs of a girl or a woman and that is performed for the purpose of preserving and asserting domination over women and girls and exerting social control over girls and women’s sexuality. It is sometimes performed in the context of child forced marriage or domestic violence. Female genital mutilation may occur as a traditional practice which some communities perform on their female members. It should cover practices undertaken for non-medical reasons. The term “excising” should refer to the partial or total removal of the clitoris and the labia majora. “Infibulating” should cover the closure of the labia majora by partially sewing together the outer lips of the vulva in order to narrow the vaginal opening. The term “performing any other mutilation” should refer to all other physical alterations of the female genitals.

(16) In order to address the severe and long-lasting physical and psychological consequences that female genital mutilation has on victims, this offence should be specifically and adequately addressed in the criminal laws. Female genital mutilation is an exploitative practice that pertains to the sexual organs of a girl or a woman and that is performed for the purpose of preserving and asserting domination over women and girls and exerting social control over girls and women’s sexuality. It is sometimes performed in the context of child forced marriage or domestic violence. Female genital mutilation may occur as a traditional practice which some communities perform on their female members. It should cover practices undertaken for non-medical reasons. The term “excising” should refer to the partial or total removal of the clitoris and the labia majora. “Infibulating” should cover the closure of the labia majora by partially sewing together the outer lips of the vulva in order to narrow the vaginal opening. The term “performing any other mutilation” should refer to all other physical alterations of the female genitals.

Amendment 21

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission

Amendment

(16a) Forced, coercive and otherwise involuntary sterilisation is a harmful and exploitative practice that removes the ability of victims to sexually reproduce, often results in grave consequences for the person’s physical, psychological and social health, and is performed for the purpose of exerting social control over women and children and their sexuality. It violates fundamental rights such as the rights to dignity, physical integrity and privacy, it does not respect the requirement that free and informed consent be given and it is recognised as a form of torture and ill-treatment. Forced, coercive and otherwise involuntary sterilisation is often deeply connected with discrimination and stereotypical ideas about who should or should not be pregnant and have children. Roma women and children, women and children with disabilities, including, in particular, intellectual and psychosocial disabilities, women wishing to obtain gender affirming treatment and women and children living in institutions have been particularly at risk of forced, coercive and otherwise involuntary sterilisation. Specific emphasis should be placed on the prior and informed consent of the woman or child to undergo sterilisation. The consent of the woman or child should not be substituted by the consent of a legal guardian. The provisions on forced sterilisation set out in this Directive do not cover emergency medical interventions or surgical procedures which are carried out, for example, for the purpose of assisting a woman by saving her life.

Amendment 22

Proposal for a directive

Recital 16 b (new)

Text proposed by the Commission

Amendment

(16b) Intersex genital mutilation is a medically unnecessary, non-vital surgical or medical procedure or treatment that is performed on a person born with variations of sex characteristics with the purpose or effect of altering such characteristics to align them with those considered typically female or male. Non-vital and non-consensual procedures and treatments performed on intersex women and children are based on the belief that a binary option of sex characteristics is the norm and that any alternative is abnormal and needs to be rectified. Procedures or treatments on the sex characteristics of women or children born with variations of sex characteristics who do not have the capacity to consent should only be performed when there is a clear and urgent need to preserve their life or prevent serious harm to their physical health. Non-vital procedures or treatments with the purpose or effect of altering sex characteristics should only be performed with the fully informed and prior consent of a woman or child born with variations of sex characteristics. Intersex genital mutilation can result in life-long physical and psychological impairments and, therefore, should be treated with the same gravity as female genital mutilation. It is therefore important to provide appropriate medical and psychological support to intersex persons and their families and to respect their right to make informed decisions about their own bodies and healthcare.

Amendment 23

Proposal for a directive

Recital 16 c (new)

Text proposed by the Commission

Amendment

(16c) Sexual harassment and harassment related to sex are generally prohibited at national level in the framework of the implementation of the Union directives on gender equality. However, Union legal acts have not proven sufficiently effective in combating those phenomena in practice, in particular with regard to penalties. If such conduct is not penalised under criminal law, victims will not benefit from the targeted protection that this Directive provides. Article 83(2) TFEU allows for the establishment of minimum rules with regard to the definition of criminal offences provided that the approximation of criminal laws of the Member States proves essential to ensure the effective implementation of a Union policy in an area which has been subject to harmonisation measures. Directives 2006/54/EC, 2004/113/EC and 2010/41/EU have harmonised, at Union level, rules concerning sexual harassment at work and sexual harassment in the provision of and access to goods and services. Given that context and the ineffective implementation of the Union’s policy against sexual harassment, additional minimum rules are therefore needed in that area.

Amendment 24

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(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 politicians, journalists and human rights defenders. 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 and to their mental health, which may, in extreme cases, lead to suicide.

(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 politicians, journalists, human rights defenders, activists and persons who are part of marginalised communities or who are subject to intersecting forms of discrimination. Women exposed to discrimination or violence on the basis of their gender or other grounds are disproportionately affected by cyber violence. Cyber violence can have the effect of silencing women and hindering their societal and professional participation on an equal footing with men. The increased use of information and communication technologies at work has led to increased cyber violence against women. As a result of such increased cyber violence, the European Economic and Social Committee, in an opinion entitled ‘Teleworking and gender equality – conditions so that teleworking does not exacerbate the unequal distribution of unpaid care and domestic work between women and men and for it to be an engine for promoting gender equality’, and the International Labour Organization have stated that particular attention needs to be paid to preventative and protective measures in the context of work. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. Competent authorities combating violence against women should be trained to successfully prosecute offences related to cyber violence in order to ensure that such offences are successfully prosecuted and in order to fight against impunity.

Amendment 25

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18) The use of information and communication technologies bears the risk of easy, fast and wide-spread amplification of certain forms of cyber violence with the effect of creating or enhancing profound and long-lasting harm for the victim. The potential for such amplification, which is a pre-requisite for the perpetration of several offences of cyber violence defined under this Directive, should be reflected by the element of making certain material accessible, through information and communication technologies, to a ‘multitude’ of end-users. The term ‘multitude’ should be understood as referring to reaching a significant number of end-users of the technologies in question, thus allowing for significant access to, and potential further distribution of that material. That term should be interpreted and applied having regard to the relevant circumstances, including the technologies used to make that material accessible and the means these technologies offer for amplification.

(18) The use of information and communication technologies bears the risk of easy, fast and wide-spread dissemination of certain forms of cyber violence with the effect of creating or exacerbating profound and long-lasting harm for the victim. Dissemination is a pre-requisite for the perpetration of several offences of cyber violence defined under this Directive and is reflected by the element of making certain material accessible, through information and communication technologies, to other end-users. The term ‘other end-users’ should be understood as referring to reaching a number of end-users of the technologies in question, thus allowing for access to, and potential further distribution of that material. That term should be interpreted and applied having regard to the relevant circumstances, including the technologies used to make that material accessible and the means these technologies offer for dissemination.

Amendment 26

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(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 very 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.

(19) Due to its tendency for easy, swift and broad distribution and perpetration, as well as its intimate nature, the non-consensual making accessible by means of information and communication technologies of intimate material and material of a sexual nature to other end-users, can be very 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 other 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, including by means of artificial intelligence of material that makes it appear as though another person is engaged in sexual activities, insofar as the material is subsequently made accessible to end-users, through information and communication technologies, without the consent of that person. Such production or manipulation should include the fabrication of ‘deepfakes’, where material which amounts to intimate material or material of a sexual nature depicts a person that appreciably resembles an existing 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. Moreover, since “cyber-flashing” is a common form of intimidating and silencing women, an offence of the unsolicited sending of images, videos or other material depicting genitals should therefore be covered by this Directive.

Amendment 27

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(20) Cyber stalking is a modern form of violence which is often perpetrated against family members or persons living in the same household, but also perpetrated by ex-partners or acquaintances. Typically, technology is misused by the offender to proceed to intensify coercive and controlling behaviour, manipulation and surveillance, thereby increasing the victim’s fear, anxiety and gradual isolation from friends and family. Therefore, minimum rules on cyber stalking should be established. The offence of cyber stalking should cover the continuous surveillance of the victim without their consent or legal authorisation by means of information and communication technologies. This might be enabled by processing the victim’s personal data, such as through identity theft or the spying out of such data on their various social media or messaging platforms, their emails and phone, stealing passwords or hacking their devices to access their private spaces, via the installation of geo-localisation apps, including stalkerware, or via stealing their devices. Furthermore, stalking should cover the monitoring of victims, without that person’s consent or authorisation, via technology devices connected through the Internet of Things, such as smart home appliances.

(20) Cyber stalking is a modern form of violence which is often perpetrated against family members or persons living in the same household, but also perpetrated by ex-partners or acquaintances. Typically, technology is misused by the offender to proceed to intensify coercive and controlling behaviour, manipulation and surveillance, thereby increasing the victim’s fear, anxiety and gradual isolation from friends, family and work. Therefore, minimum rules on cyber stalking should be established. The offence of cyber stalking should cover the continuous surveillance of the victim without their consent or legal authorisation by means of information and communication technologies. This might be enabled by processing the victim’s personal data, such as through identity theft or the spying out of such data on their various social media or messaging platforms, their emails and phone, stealing passwords or hacking their devices or secretly activating keylogging software to access their private spaces, via the installation of geo-localisation apps, including stalkerware, or via stealing their devices. Furthermore, stalking should cover the monitoring of victims, without that person’s consent or authorisation, via technology devices connected through the Internet of Things, such as smart home appliances. Moreover, since the repeated sending of threatening and insulting messages in private conversations is a common form of violence against women, it should therefore be covered by this Directives.

Amendment 28

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(21) Minimum rules concerning the offence of cyber harassment should be laid down to counter initiating an attack with third parties or participating in such an attack directed at another person, by making threatening or insulting material accessible to a multitude of end-users. Such broad attacks, including coordinated online mob attacks, may morph into offline assault or cause significant psychological injury and in extreme cases lead to suicide of the victim. They often target prominent (female) politicians, journalists or otherwise well-known persons, but they can also occur in different contexts, for instance on campuses or in schools. Such online violence should be addressed especially where the attacks occur on a wide-scale, for example in the form of pile-on harassment by a significant amount of people.

(21) Minimum rules concerning the offence of cyber harassment should be laid down to counter initiating an attack or participating in such an attack directed at another person, by making threatening or insulting material accessible to other end-users. Such broad attacks, including coordinated online mob attacks, may morph into offline assault or cause significant psychological injury and in extreme cases lead to suicide of the victim. They often target prominent (female) politicians, journalists, human-rights defenders or otherwise well-known persons, but they can also occur in different contexts, for instance on campuses or in schools and in the world of work. Such online violence should be addressed especially where the attacks occur on a wide-scale, for example in the form of pile-on harassment by a significant amount of people.

Amendment 29

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

(22) The prevalence of dominant online platforms has played a significant role in the increase in internet and social media usage and has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, especially in combination with other grounds, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. However, anonymity can also be essential to survivors of gender-based violence and to other communities at risk Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. Children and young people can also be the target of cyber violence which often refers to personal characteristics such as disability, racial or ethnic origin, sexual orientation, gender identity, gender expression, sex characteristics or other grounds which, if left unaddressed, can cause social exclusion, anxiety, inducement to inflict self-harm and, in extreme situations, suicidal ideation, suicide attempts or suicide. This needs to be prevented or intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.

Amendment 30

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(23) The offence of cyber incitement to violence or hatred presupposes that the incitement is not expressed in a purely private context, but publicly through the use of information and communication technologies. Therefore, it should require dissemination to the public, which should be understood as entailing the making available through information and communications technologies, of a given item of material inciting to violence or hatred to a potentially unlimited number of persons, namely making the material easily accessible to users in general, without requiring further action by the person who provided the material, irrespective of whether those persons actually access the information in question. Accordingly, where access to the material requires registration or admittance to a group of users, that information should be considered to be disseminated to the public only where users seeking to access the material are automatically registered or admitted without a human decision or selection of whom to grant access. In assessing whether material qualifies as amounting to incitement to hatred or violence, the competent authorities should take into account the fundamental rights to freedom of expression as enshrined in Article 11 of the Charter. In order to ensure that online material qualifies as cyber incitement to violence or hatred, Member States should ensure that such material is assessed, on a case-by-case basis, based on the criteria laid down in the United Nation’s ‘Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence’, taking into account, in particular, the social and political context of the message, the status of the speaker, the content and form of the speech, the intent and the likelihood and imminence of harm.

Amendment 31

Proposal for a directive

Recital 23 a (new)

Text proposed by the Commission

Amendment

(23a) Member States should ensure that the fact that an offence is committed with the intention of bringing profit or gain or that an offence actually brought profit or gain, for example through blackmail in the case of cyber violence or by earning income through perpetrating female genital mutilation or forced sterilisation, is considered to be an aggravating circumstance because profit or gain proves that there was a systematic and methodical approach to the crime, thus highlighting its gravity.

Amendment 32

Proposal for a directive

Recital 23 b (new)

Text proposed by the Commission

Amendment

(23b) So called “honour crimes” are committed to pursue an aim other than, or in addition to, the immediate effect of the crime. That aim could be the restoration of family “honour” or the desire to be seen as respecting tradition or complying with the perceived religious, cultural or customary requirements of a particular community. Such crimes put severe pressure on the victim, can lead to violations of the victim’s human rights and tend to affect the person’s whole life, thereby making the victim particularly vulnerable.

Amendment 33

Proposal for a directive

Recital 23 c (new)

Text proposed by the Commission

Amendment

(23c) A gender-sensitive perspective implies taking into account the particularities pertaining to the lives of both women and men, while aiming to eliminate inequalities and promote gender equality, thereby addressing and taking into account the gender dimension. Consequently, Member States should include a gender-sensitive perspective in the implementation of this Directive and in the evaluation of its implementation. A gender-sensitive perspective also includes the structural understanding of the roots of gender-based violence, including violence against women and domestic violence as a systemic phenomenon and as a result of pervasive inequality and discrimination against women, which provides a breeding ground for tolerance of violence against women.

Amendment 34

Proposal for a directive

Recital 24

Text proposed by the Commission

Amendment

(24) Victims should be able to report crimes of violence against women or domestic violence easily without being subject to secondary or repeat victimisation. To this end, Member States should provide the possibility to submit complaints online or through other information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour.

(24) Victims should be able to report crimes of violence against women or domestic violence and provide evidence easily without being subject to secondary or repeat victimisation. With due regard to the specificities of the crimes covered by this Directive, and the clear risk that victims might withdraw their criminal complaint, Member States should ensure that relevant authorities take all necessary measures to ensure that evidence is collected in a comprehensive manner as early as possible. Member States are encouraged to share best practices on how to ensure the protection of the evidence in investigations into such crimes, including by enabling video recording of the first interview with the victim, as appropriate. Although perhaps not mentioned by the victim, competent authorities should always consider that the crimes covered by this Directive are violence against women or domestic violence and should, therefore, consider assessing that aspect in the course of the investigation. To this end, Member States should, in addition to in-person reporting, provide the possibility to submit complaints, in a safe environment, online or through other accessible information and communication technologies for the reporting of such crimes. Online complaint systems should meet security standards and should not endanger the safety of the victim. Member States should facilitate reporting by victims in all their diversity, including by, inter alia, ensuring easy and accessible options for those who live in remote areas and providing support services to assist those who cannot read, persons living in institutions or persons with disabilities, including through the use of braille and sign language. Victims should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour. Victims should have access to legal aid and assistance, free of charge and in a language they can reasonably understand, when reporting criminal offences and during judicial proceedings.

Amendment 35

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(25) In the case of domestic violence and violence against women, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against women affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that they are not held liable for breach of confidentiality.

(25) In the case of domestic violence and violence against women, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at serious risk of physical harm. Such third-party reporting is justified as a targeted measure for violence against women and domestic violence because such violence often occurs in close relationships or family circumstances and might not be regarded as a criminal act and therefore not reported by those who experience or directly witness it. Similarly, instances of domestic violence or violence against women affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence given the long-lasting detrimental consequences it has on them, and adequate measures need to be promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality and should act where they have reasonable grounds to believe that acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence Member States should ensure that they are not held liable for breach of confidentiality.

Amendment 36

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established. This can include questioning by competent authorities in simple and accessible language. To safeguard the best interests of the child, Member States should ensure that professionals specialised in caring for and supporting children are present in order to assist them with reporting procedures.

Amendment 37

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

(27) Delays in processing complaints of violence against women and domestic violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or spouses. Therefore, the competent authorities for investigation and prosecution should process such complaints without delay. The fact that the victim has complained or intends to leave the relationship can mean increased danger for the victim. The competent authorities should have sufficient specialised expertise and effective investigative tools to investigate and prosecute such crimes without undue delay because the continuum of violence means that even those offences which are perceived to be least damaging can be the first such offence in escalating seriousness.

Amendment 38

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28) Victims of domestic violence and violence against women are typically in need of immediate protection and specific support, for example in the case of intimate partner violence or sexual violence, where the rate of recidivism tends to be high. Therefore, a gender-sensitive individual assessment to identify the victim’s protection needs and medical and specialist support needs should be conducted upon the very first contact of competent authorities with the victim or as soon as suspicion arises that the person is a victim of violence against women or domestic violence. This can be done before a victim has formally reported an offence or proactively if a third party reports the offence.

Amendment 39

Proposal for a directive

Recital 29

Text proposed by the Commission

Amendment

(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. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender.

(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim and dependant’s safety and the victim’s rights and needs, and providing tailored protection and support, taking into account, among other matters, the individual circumstances and vulnerability of the victim. Such circumstances requiring special attention could include the victim’s pregnancy, the victim’s physical and mental health, disabilities, substance abuse issues, the presence of children, the presence of companion animals, the victim’s dependence on or relationship to the offender, including economic dependence or dependence for reasons relating to residence status, or the victim having a common child with the offender.

Amendment 40

Proposal for a directive

Recital 30

Text proposed by the Commission

Amendment

(30) In order to ensure comprehensive support and protection to victims, all competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, should be involved in assessing the risks for victims and appropriate support measures on the basis of clear guidelines issued by the Member States. Such guidelines should include factors to be taken into consideration when assessing the risk emanating from the offender or suspect, including the consideration that suspects charged with minor offences are as likely to be dangerous as those charged with more severe offences, especially in cases of domestic violence and stalking.

(30) In order to ensure comprehensive, appropriate and coordinated support and protection to victims, a standardised approach to risk assessment that promotes a shared understanding of the risk throughout proceedings, and a common language to communicate risk, should be adopted. All competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, should be involved in assessing the risks for victims and appropriate support and protection measures. That should be done on the basis of gender-sensitive and culturally sensitive risk assessment protocols and clear guidelines issued by the Member States, developed in cooperation with women’s specialist support services and the European Institute of Gender Equality. Such guidelines should include factors to be taken into consideration when assessing the risk emanating from the specificities of the forms of violence covered by this Directive, including coercive and controlling behaviour from the offender or suspect, and the consideration that suspects charged with minor or first offences are as likely to be dangerous as those charged with more severe or repeated offences, especially in cases of domestic violence, and stalking. Specialised training for frontline professionals on the use of risk assessment tools is also essential. Risk assessments should be revised at important junctures in the process, such as the commencement of a court case, the handing down of a judgment or discussions as to the revision of custody arrangements.

Amendment 41

Proposal for a directive

Recital 31

Text proposed by the Commission

Amendment

(31) Due to their vulnerability to secondary and repeat victimisation, to intimidation and to retaliation, and the fact that they suffer emotional harm that prejudices their development, the victim’s children should receive the same protection measures as those accorded to the victim. Other persons dependant on the victim, such as adults with disabilities or older dependant adults for whom the victim provides care, may can experience similar emotional harm and should thus be accorded the same protection measures. In the context of violence against women, ill treatment of children by perpetrators can be used to exercise power over and commit acts of violence against mothers, a type of indirect violence against women known in some Member States as vicarious violence. Animals are also often used as leverage in the execution of power by the perpetrator. It is therefore vital that Member States ensure that the relevant authorities are adequately trained on the complex dynamics of abusive relationships so that they are able to accord such protection measures wherever and whenever they are appropriate.

Amendment 42

Proposal for a directive

Recital 32

Text proposed by the Commission

Amendment

(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 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 Council7 . 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.

(32) Victims of violence against women and domestic violence are often in need of specific support services by trained professionals and of medical care. To ensure they effectively receive offers of support, the competent authorities should immediately refer victims to appropriate support services, including medical services. This should in particular be the case where an individual assessment has found particular support and medical needs of the victim. In that case, support services should be able to reach out to the victim even without the victim’s consent, but with due regard for the victim's safety, taking into consideration the victim’s needs and preventing any further or secondary victimisation. However, due caution should be exercised in that regard because a victim could be put in danger if support services reach out to the victim without the victim's consent, for instance if the victim lives with a controlling offender. That also risks further isolating victims from support due to fear. Therefore, support services should only reach out to victims without their consent where they deem it vital for the victims’ safety and wellbeing. 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 Council7 and Directive (EU) 2016/680. 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 and medical 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 medical care, support and protection. It should be ensured that only a limited number of persons have access to the data and that access periods are clearly established. Victims should be provided with information about the steps in the proceedings and about how evidence can be secured for potential future criminal proceedings.

__________________

7 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 43

Proposal for a directive

Recital 32 a (new)

Text proposed by the Commission

Amendment

(32a) Ensuring the presence of specialised staff within Member States’ law enforcement, prosecution and judicial authorities is of great importance. The establishment of specialist courts or chambers and the designation of specialised prosecutors on violence against women and domestic violence should be considered as an option for Member States to ensure a gender-sensitive approach to combating those offences. Member States should ensure that the competent authorities are provided with sufficient resources to investigate the offences covered by this Directive in order to avoid a situation whereby an inadequate investigation leads to the ineffective prosecution of the offence and in order to avoid increasing impunity.

Amendment 44

Proposal for a directive

Recital 33

Text proposed by the Commission

Amendment

(33) Member States should take the necessary measures to ensure the swift availability of emergency barring, restraining and protection orders as well as the use of arrest and detention to ensure effective protection of victims and their dependants.

Amendment 45

Proposal for a directive

Recital 34

Text proposed by the Commission

Amendment

(34) Member States should ensure that emergency barring orders may be issued in situations of immediate danger, such as where harm is imminent or has already materialised and is likely to be inflicted again.

Amendment 46

Proposal for a directive

Recital 35

Text proposed by the Commission

Amendment

(35) Protection orders may include prohibiting the offender or suspect to access certain localities; to approach the victim or dependant closer than a prescribed distance or to contact them, including through the use of online interfaces and to possess firearms or deadly weapons, where necessary.

(35) Restraining and protection orders can include prohibiting the offender or suspect from accessing certain localities;, places or defined areas where the victim or dependant resides or visits from approaching the victim or dependant closer than a prescribed distance, from contacting the victim or dependant, including through the use of online interfaces, and from possessing firearms or deadly weapons, where necessary. Such orders should be issued whenever the situation of risk to the victim makes it advisable, regardless of whether the victim has reported a criminal offence.

Amendment 47

Proposal for a directive

Recital 36

Text proposed by the Commission

Amendment

(36) In order to safeguard the effectiveness of emergency barring, restraining and protection orders, breaches of such orders should be subject to penalties. Those penalties can be of a criminal law or other legal nature and may include prison sentences, fines or any other legal penalty that is effective, proportionate and dissuasive. Member States should ensure that in situations in which barring, restraining and protection orders are issued, offenders are informed and encouraged to voluntarily enrol in specialised programmes addressing their violent behaviour. It is essential that victims are informed of any breach of barring, restraining or protection orders. As breaches of barring, prescription or protection orders can increase risks and require further protection to be put in place, a renewed assessment of the order should immediately be made after a documented breach.

Amendment 48

Proposal for a directive

Recital 36 a (new)

Text proposed by the Commission

Amendment

(36a) Electronic monitoring should be used to ensure the enforcement of emergency barring, restraining and protection orders. Electronic monitoring makes it possible to ensure compliance with emergency barring, restraining and protection orders, to record evidence of breaches of such orders and to enhance the supervision of offenders. Victims should always be informed about the capabilities and limitations of electronic monitoring.

Amendment 49

Proposal for a directive

Recital 37

Text proposed by the Commission

Amendment

(37) Presenting evidence of past sexual behaviour to challenge the credibility and lack of consent of victims in sexual violence cases, especially rape cases, may reinforce the perpetuation of damaging stereotypes of victims and lead to repeat or secondary victimisation. Therefore, without prejudice to the rights of defence, questions, enquiries and evidence concerning past sexual conduct of the victim should not be permitted in criminal investigations and court proceedings.

(37) Presenting evidence of past sexual behaviour, the sexual preferences of the victim and the attire or outfit of the victim to challenge the credibility and lack of consent of victims in sexual violence cases, especially rape cases, may reinforce the perpetuation of damaging stereotypes of victims and lead to repeat or secondary victimisation. Therefore, without prejudice to the rights of defence, questions, enquiries and evidence concerning past sexual conduct of the victim should not be permitted in criminal investigations and court proceedings. It should only be possible to use in court proceedings notes taken by counsellors or therapists with the agreement of the person who spoke to the counsellor or therapist.

Amendment 50

Proposal for a directive

Recital 37 a (new)

Text proposed by the Commission

Amendment

(37a) Women’s specialist services play a crucial role in providing support for victims of violence against women and domestic violence. They provide services that use gender-responsive methodologies to support women and their children who experience violence against women and domestic violence. Such services include women’s support centres, women’s shelters, helplines, rape crisis, sexual violence referral centres, and primary prevention services. They are often provided by non-governmental women’s-led organisations.

Amendment 51

Proposal for a directive

Recital 38

Text proposed by the Commission

Amendment

(38) Given the complexities and gravity of offences of violence against women and domestic violence and specific support needs of victims, Member States should ensure additional support and prevention of such offences is provided by designated bodies. Given their expertise in matters of discrimination on grounds of sex, national equality bodies, set up in accordance with Directives 2004/113/EC8 , 2006/54/EC9 and 2010/41/EU10 of the European Parliament and of the Council, are well placed to fulfil these tasks. Such bodies should in addition have legal standing to act on behalf or in support of victims of all forms of violence against women or domestic violence in judicial proceedings, including for the application for compensation and removal of online illegal content, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodies to effectively carry out their tasks, Member States should ensure that they are provided with sufficient human and financial resources.

(38) Given the complexities and gravity of offences of violence against women and domestic violence and specific support needs of victims, Member States should ensure additional support and prevention of such offences is provided by specialist services and designated national bodies, equality bodies and other relevant actors. Given their expertise in matters of discrimination on grounds of race, ethnicity and sex, national equality bodies, set up in accordance with Directives 2000/43/EC, 2004/113/EC8, 2006/54/EC9 and 2010/41/EU10 of the European Parliament and of the Council, could be well placed to fulfil these tasks provided that they have the adequate specialised expertise in the area of violence against women and domestic violence. In accordance with the individual legal traditions and cultures of the Member States, such bodies and other specialised relevant actors should be able to support data collection and should have legal standing to act on behalf or in support of victims of all forms of violence against women or domestic violence in judicial proceedings, including for the application for compensation and removal of online illegal content, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodies to effectively carry out their tasks, Member States should ensure that they are provided with sufficient human and financial resources and that they are properly trained to keep themselves up to date with the development of new technologies used in connection with the offences covered by this Directive.

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8 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 37).

8 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 37).

9 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23).

10 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1).

Amendment 52

Proposal for a directive

Recital 39

Text proposed by the Commission

Amendment

(39) Certain offences covered by this Directive involve the increased risk of repeated, prolonged or even continuous victimisation. That risk occurs especially in relation to offences involving the making accessible to a multitude of end-users, through information and communication technologies, of material, resulting from certain offences of cyber violence, considering the ease and speed with which such material can be distributed on a large scale and the difficulties that often exist when it comes to removing such material. That risk typically remains even after a conviction. Therefore, in order to effectively safeguard the rights of the victims of those offences, Member States should be required to take suitable measures aimed at the removal of the material in question. Considering that removal at the source may not always be feasible, for instance because of legal or practical difficulties relating to the execution or enforcement of an order to remove, Member States should also be allowed to provide for measures to disable access to such material.

(39) Certain offences covered by this Directive involve the increased risk of repeated, prolonged or even continuous victimisation. That risk occurs especially in relation to offences involving the making accessible to other end-users, through information and communication technologies, of material, resulting from certain offences of cyber violence, considering the ease and speed with which such material can be distributed on a large scale and the difficulties that often exist when it comes to removing such material. That risk typically remains even after a conviction. Therefore, in order to effectively safeguard the rights of the victims of those offences, Member States should be required to take suitable measures aimed at the removal of the material in question. Considering that removal at the source may not always be feasible, for instance because of legal or practical difficulties relating to the execution or enforcement of an order to remove, Member States should also be allowed to provide for measures to disable access to such material.

Amendment 53

Proposal for a directive

Recital 42

Text proposed by the Commission

Amendment

(42) The provisions of this Directive on orders and other measures for the removal and disabling access to relevant material should leave the relevant rules contained in Regulation XX/YYYY [proposed DSA Regulation] unaffected. In particular, those orders should comply with the prohibition of imposing general obligations of monitoring or active fact-finding and with the specific requirements of that Regulation regarding orders to remove illegal content online.

(42) The provisions of this Directive on orders and other measures for the removal and disabling access to relevant material should leave the relevant rules contained in Regulation (EU) 2022/2065 unaffected. In particular, those orders should comply with the prohibition of imposing general obligations of monitoring or active fact-finding and with the specific requirements of that Regulation regarding orders to remove illegal content online.

Amendment 54

Proposal for a directive

Recital 43

Text proposed by the Commission

Amendment

(43) Considering the potential importance of material that may be the object of the orders or other measures taken under this Directive to remove or disable access thereto for investigating or prosecuting the relevant offences under criminal law, the necessary measures should be taken to allow the competent authorities to obtain or secure such material, where necessary. Those measures could consist, for example, of requiring relevant intermediary service providers to transmit the material to those authorities or to preserve the material for a limited period that does not go beyond what is necessary. Any such measures should ensure the security of the material, remain limited to what is reasonable and comply with the applicable rules on the protection of personal data.

(43) Considering the potential importance of material that may be the object of the orders or other measures taken under this Directive to remove or disable access thereto for investigating or prosecuting the relevant offences under criminal law, the necessary measures should be taken to allow the competent authorities to obtain or secure such material for the purpose of providing evidence, where necessary. Those measures could consist, for example, of requiring relevant intermediary service providers to transmit the material to those authorities or to preserve the material for a limited period that does not go beyond what is necessary in the framework of the investigation and to support it. Any such measures should ensure the security of the material, remain limited to what is reasonable, necessary and proportionate, and comply with the applicable rules on the protection of personal data.

Amendment 55

Proposal for a directive

Recital 44

Text proposed by the Commission

Amendment

(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 change of employment or finding new schools for children or even creating a new identity.

(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, costs for healthcare services, including sexual and reproductive and psychological health services, rehabilitation, 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 violence against women and domestic violence may have to uproot their lives in order to seek safety, entailing a possible change of residence or employment or finding new schools for children or even creating a new identity. Compensation should be made available to victims as soon as possible.

Amendment 56

Proposal for a directive

Recital 45

Text proposed by the Commission

Amendment

(45) Assistance and support to victims of violence against women and domestic violence should be provided before, during and for an appropriate period after the criminal proceedings have ended, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk in particular due to the statements made by the victim in those proceedings.

(45) Assistance and support to victims of violence against women and domestic violence should be provided without delay before, during and for an appropriate period after the criminal proceedings have ended, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk in particular due to the statements made by the victim in those proceedings. Assistance and support should be available to victims regardless of whether criminal proceedings have been initiated.

Amendment 57

Proposal for a directive

Recital 46

Text proposed by the Commission

Amendment

(46) Specialised support services should provide support, advice and information on any relevant legal and practical matters and on referrals to medical forensic examinations and comprehensive healthcare services to victims of all forms of violence against women and domestic violence, including sexual violence, sexual exploitation through the prostitution of others, female and intersex genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.

Amendment 58

Proposal for a directive

Recital 47

Text proposed by the Commission

Amendment

(47) Specialist support should offer victims support, including medical care, tailored to their specific needs, and irrespective of any official complaint. Such services should be provided in addition to, or as an integrated part of, general victim support services, which may call on existing entities providing specialist support, in particular with women’s specialist support services. Referral and cooperation systems between general victim support services and women’s specialised support should be put in place. Specialist support may be provided by national, regional or local authorities, victims’ support organisations, or other non-governmental organisations. They should be granted sufficient human and financial resources and, where the services are provided by non-governmental organisations, Member States should ensure that they receive appropriate funds. When planning the organisation of specialist support services, Member States should take into account the structures of and synergies between existing specialised support services provided by non-governmental organisations and the types of specialised support services offered by non-governmental organisations in order to ensure clear coordination between actors and, as a consequence, to facilitate women’s access to those services.

Amendment 59

Proposal for a directive

Recital 48

Text proposed by the Commission

Amendment

(48) Victims of domestic violence and violence against women typically have multiple protection and support needs. In order to address these effectively, Member States should provide such services at the same premises, or have such services coordinated through a central contact point. To ensure also victims in remote areas or unable to physically reach such centres are reached, Member States should provide for online access to such services. This should entail setting up a single and updated website where all relevant information on and access to available support and protection services is provided (one-stop online access). The website should follow accessibility requirements for persons with disabilities.

(48) Victims of domestic violence and violence against women typically have multiple protection, medical and support needs. That type of support is best ensured by women’s organisations, considering the disproportionate impact that violence against women has on them. National authorities should support and recognise women’s specialist services. Women’s specialist services should systematically be included in multiagency coordination processes for risk assessment and management. In order to effectively address the multiple protection, medical and support needs of victims of domestic violence and violence against women, Member States should provide such services at the same premises, or, alternatively, have such services coordinated through a central contact point. Member States should ensure that such services are equally distributed geographically. To ensure that all victims, including those in remote areas or unable to physically reach such centres, are reached, Member States should provide for online remote access to such services by setting up an app, a website and a helpline that is available 24/7. This should entail, inter alia, setting up a single and updated website where all relevant information on and access to available in-person and online support and protection services is provided (one-stop online access). The website should follow accessibility requirements for persons with disabilities such as those set out in Annex I to Directive (EU) 2019/882. All services, both online and in-person, should be fully accessible and non-discriminatory.

Amendment 60

Proposal for a directive

Recital 48 a (new)

Text proposed by the Commission

Amendment

(48a) Member States should, in consultation and cooperation with, inter alia, women’s specialist support services, victim protection centres, healthcare professionals and other relevant actors, based on evidence, their expertise and best practices, and taking into consideration the process for carrying out and content of specialised individual assessments to identify victims’ protection needs and individual assessments of victims’ support needs under this Directive, issue and review and, where necessary, update, on a regular basis, in light of their practical application, guidelines and protocols for general victim support services. Such guidelines and protocols should include information on how to treat victims in a trauma-, gender-, and child-sensitive manner, in a way that avoids gender stereotypes and in a way that prevents secondary or repeat victimisation.

Amendment 61

Proposal for a directive

Recital 49

Text proposed by the Commission

Amendment

(49) Specialist support services, including shelters and rape crisis centres, should be considered essential during crises and states of emergency, including during health crises. These services should continue to be offered in these situations, where instances of domestic violence and violence against women tend to surge.

(49) Specialist support services, including shelters and rape crisis centres, women’s advice centres, sexual violence referral centres, specialised LGBTIQ centres, helplines, and programmes addressing the rehabilitation of perpetrators of violence and the clinical management of rape should be considered essential during crises and states of emergency, including during health crises. These services should continue to be offered in these situations, where instances of domestic violence and violence against women tend to surge.

Amendment 62

Proposal for a directive

Recital 50

Text proposed by the Commission

Amendment

(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.

(50) The traumatic nature of sexual violence, including rape, requires a gender-sensitive response by trained and specialised staff. Victims of this type of violence need immediate, comprehensive and long-term medical care, including sexual and reproductive healthcare and the clinical management of rape, including emergency contraception, post-exposure prophylaxis, sexually transmitted infection treatments and access to safe and legal abortion and trauma support as well as the option of long-term support, including counselling. Rape crisis centres or sexual violence referral centres should offer immediate forensic examinations to collect the evidence needed for prosecution and be available on a 24-hour basis in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female and intersex genital mutilation and other harmful practices, who are often girls, typically are in need of tailored support. Therefore, Member States should ensure they provide dedicated support customised to these victims through a multi-disciplinary and victim-centred approach and by providing targeted training to all relevant professionals who might come in contact with a victim or a person at risk. Such specialist support should be provided with the highest standards of privacy, intimacy and confidentiality.

Amendment 63

Proposal for a directive

Recital 50 a (new)

Text proposed by the Commission

Amendment

(50a) Victims of female genital mutilation, who are often girls, and victims of forced sterilisation typically are in need of targeted support. Therefore, Member States should ensure that they provide support tailored to those victims and that those specialist support services are provided with the highest standards of privacy, intimacy and confidentiality.

Amendment 64

Proposal for a directive

Recital 50 b (new)

Text proposed by the Commission

Amendment

(50b) Because cyber violence is significantly underreported, providers of specialist support services for victims of cyber violence should be appropriately equipped and such services should be easily accessible. Such services should include psychological support, legal counselling and assistance.

Amendment 65

Proposal for a directive

Recital 50 c (new)

Text proposed by the Commission

Amendment

(50c) Violence at work and harassment in the world of work is unacceptable and incompatible with decent work. It affects peoples’ psychological, physical and sexual health, dignity, and family and social environment, and the quality of public and private services. In particular, it can prevent people, 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 66

Proposal for a directive

Recital 51

Text proposed by the Commission

Amendment

(51) 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 has 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 counselling services to both victims and employers.

(51) 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 in the world of work is a form a discrimination that has significant negative consequences both for the victims and the employers, advice on adequately preventing and addressing such instances in the world of work, 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 and trained services to both victims and employers. Sexual harassment in the world of work and violence at work should be tackled by means of social dialogue or by means of legal acts or by means of both, taking into account all workplace locations as laid down by the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work.

Amendment 67

Proposal for a directive

Recital 51 a (new)

Text proposed by the Commission

Amendment

(51a) The social partners can play a key role in addressing, through relevant measures, sexual harassment in the world of work and domestic violence. With the increasing availability of home-based telework, the site of domestic violence can in fact be the workplace of the victim. Employers and trade unions can also contribute to the identification of instances of domestic violence, to supporting victims and to addressing the impact of domestic violence on professional life. There are already many examples of good practices and agreements on workplace policies that give support to victims of domestic violence, enabling them to continue working safely.

Amendment 68

Proposal for a directive

Recital 52

Text proposed by the Commission

Amendment

(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 include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police.

(52) Member States should ensure that national helplines for victims seeking support are accessible and operated under the EU-harmonised number [116016] or another existing number, and this number is widely advertised as a public number, free of charge and available round-the-clock. The support provided should include crisis counselling to be carried out by specialised support services, and should be able to refer to face-to-face services, such as shelters, women’s specialist support and other social, health and justice services. Such helplines should be operated separately from other helplines for victims of crime and staff manning such helplines should provide all national emergency numbers. Victims of violence against women and domestic violence, if calling a general support helpline, should be redirected to the specialist helpline operated under the EU-harmonised number or another existing number for targeted counselling. Member States should establish a national helpline in the event that no such helpline exists.

Amendment 69

Proposal for a directive

Recital 53

Text proposed by the Commission

Amendment

(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide basic legal guidance and the necessary support concerning interlocking problems related to victims’ health, including mental health, financial situation and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should ensure that there is a sufficient number of dedicated domestic violence shelters available. Member States shall ensure that those shelters are adequately distributed geographically. Those shelters should be solely available for victims of acts of violence and their location should remain confidential in order to ensure women’s safety. A variety of different models of shelter should be made available, including women-only shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim and they should ensure the active and continuous physical presence of trained and specialised personnel to engage with and support victims. Shelters and other appropriate interim accommodation should be made available to accommodate the specific needs of victims with disabilities.

Amendment 70

Proposal for a directive

Recital 53 a (new)

Text proposed by the Commission

Amendment

(53a) Domestic violence often affects the victim’s employment and productivity and health and safety at work due to stress and fear. Perpetrators often prevent their partners or ex-partners from accessing their workplace. In addition, victims will frequently need additional time away from work to attend medical appointments or legal proceedings or to make social arrangements such as searching for new accommodation. Member States should therefore implement measures to ensure that employers who have been notified of a victim’s circumstances are prevented from discriminating or in any way disadvantaging the victim in the immediate aftermath of the violence and due to the impact of factors that relate to the violence. Rather, in order to support victims through difficult transitions and help them to remain in the workforce, thereby safeguarding their economic resources and financial independence, victims should have the right to paid leave and flexible working conditions for an appropriate duration.

Amendment 71

Proposal for a directive

Recital 54

Text proposed by the Commission

Amendment

(54) To effectively address negative consequences for child victims, support measures to children should include age-appropriate psychological counselling, together with paediatric care where necessary, and be provided as soon as competent authorities have reasonable grounds to believe that children might have been victims, including child witnesses of violence. In the provision of support to child victims, the rights of the child, as laid down in Article 24 of the Charter, should be a primary consideration.

(54) To effectively address negative consequences for child victims, support measures to children should include age-appropriate psychological counselling by trained professionals, together with paediatric care where necessary, and be provided as soon as competent authorities have reasonable grounds to believe that children might have been victims, including child witnesses of violence. Such support measures should not require the prior consent of the holder of parental responsibility, where that person is the offender or suspect, and should be in accordance with the principles laid down in the UN Convention on the Rights of the Child, in particular Articles 9 and 12 thereof. Such measures should be made available on a long-term basis, in accordance with the victim’s needs. In the provision of support to child victims, the rights of the child, as laid down in Article 24 of the Charter, should be a primary consideration. Cooperation between competent authorities and venues the child visits frequently, such as school, should be ensured, both to support the child and provide due support for other children and parents. Cases of parental alienation syndrome and similar concepts and terms that blame mothers for their children’s ‘alienation’ from their father are often linked to cases of violence against women and domestic violence, risk jeopardising a child’s safety and cause secondary victimisation, additional psychological stress and trauma to victims. Referring to such concepts calls into question victims’ parental skills, disregards the children’s testimony and the risks of violence to which the children are exposed, and jeopardises the rights and safety of mothers and children.

Amendment 72

Proposal for a directive

Recital 55

Text proposed by the Commission

Amendment

(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. Supervised neutral places for visits with an offender should ensure the safety of both the child and, where relevant, the non-abusive holder of parental responsibility and should allow for the avoidance of contact between the offender or suspect and the non-violent parent or their relatives when accompanying the child to the meeting. If needed, the visits should take place in the presence of child protection or welfare officials. Where it is necessary to provide for interim accommodation, children should as a priority be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interests of the child should be always taken into account and prevail over a request from the violent parent for shared custody or rights of access. Appropriate referrals for offenders should be provided in order to address violence towards their family members.

Amendment 73

Proposal for a directive

Recital 55 a (new)

Text proposed by the Commission

Amendment

(55a) Member States should take measures to prevent bias in the determination of “the best interests of the child”. Such bias could include the belief that it is in a child’s best interests to maintain contact with both parents or with relatives at all costs, regardless of the violence the child has witnessed, which has detrimental and dangerous effects for both the child and the other parent. The right of a child to maintain contact with both parents should be restricted if necessary.

Amendment 74

Proposal for a directive

Recital 56

Text proposed by the Commission

Amendment

(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, should receive specific protection and support.

(56) Victims with specific needs and groups at risk of violence against women or domestic violence experiencing intersecting discriminations, such as women with disabilities, women living in institutional care facilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, women in low-wage jobs, unemployed women, women with a minority racial or ethnic background, victims of so-called “honour crimes”, women living in rural areas or less prosperous regions, women in prostitution, sexual or gender-identity minorities, women suffering from addiction, detainees, older women or LBTIQ+ women should receive specific protection, medical care and support. Victims of violence covered by this Directive who apply for international protection should be considered as applicants with special reception needs as defined in Directive 2013/33/EU of the European Parliament and of the Council1a.

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1a Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (OJ L 180, 29.6.2013, p. 96).

Amendment 75

Proposal for a directive

Recital 57

Text proposed by the Commission

Amendment

(57) Women with disability disproportionately experience violence against women and domestic violence and due to their disability often have difficulties in accessing protection and support measures. Therefore, Member States should ensure they can benefit fully from the rights set out in this Directive, on an equal basis with others, while paying due attention to the particular vulnerability of such victims and their likely difficulties to reach out for help.

(57) Women with disabilities disproportionately experience violence against women and domestic violence and due to their disability often have difficulties in accessing protection and support measures. The process for reporting violence is often inaccessible because of inadequate policies and standards, negative attitudes, physical barriers, scarce information and communication, a lack of service provision, inadequate funding and a failure to involve victims with disabilities in decisions that directly affect their lives. Therefore, Member States should adapt their support services accordingly to ensure they can benefit fully from the rights set out in this Directive, on an equal basis with others, while paying due attention to the particular vulnerability of such victims and their likely difficulties to reach out for help.

Amendment 76

Proposal for a directive

Recital 57 a (new)

Text proposed by the Commission

Amendment

(57a) Actions to prevent violence against women and domestic violence should be based on a three-pronged approach composed of primary, secondary and tertiary preventive measures. Adequate coordination of those three approaches should be ensured. Primary preventive measures should aim to prevent violence from occurring and should include awareness-raising campaigns to increase understanding among the general public of the different manifestations of all forms of violence and their consequences. Secondary preventive measures should aim to detect violence early and prevent its progression or escalation at an early stage. Tertiary prevention should be focused on preventing reoffending and revictimisation and on properly managing the consequences of the violence. Those measures should include the promotion of bystander intervention, early intervention centres and intervention programmes.

Amendment 77

Proposal for a directive

Recital 58

Text proposed by the Commission

Amendment

(58) Member States should ensure that preventive measures, such as awareness-raising campaigns, are taken to counter violence against women and 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.

(58) Member States should ensure that evidence-based preventive measures, such as long-term awareness-raising campaigns, are taken to counter violence against women and domestic violence through changes in the social and cultural behaviour of women and men. Such campaigns should include the full provision of information about the different manifestations of violence and about the impact of such violence on children and should promote a human rights-centred approach. Prevention should also take place in formal and informal education, in particular, through strengthening comprehensive and age-appropriate sexuality and relationship education and socio-emotional competencies, empathy and developing healthy consensual and respectful relationships. Particular attention should be paid to targeting such campaigns to locations where men frequent. Such campaigns should involve relevant local stakeholders. Preventive measures should be designed in cooperation with relevant affected communities to ensure full coverage of their needs and to ensure that there is sensitive, appropriate and non-stigmatising communication.

Amendment 78

Proposal for a directive

Recital 58 a (new)

Text proposed by the Commission

Amendment

(58a) Gender equality, the empowerment of women, and investing in a gender-equal society where women are financially and socially autonomous are the best prevention strategies against the various forms of violence against women and domestic violence. Member States should ensure that women have the means and possibilities necessary to leave an abusive relationship by providing access to social support, where required.

Amendment 79

Proposal for a directive

Recital 59

Text proposed by the Commission

Amendment

(59) Member States should take measures to prevent the cultivation of harmful gender stereotypes to eradicate the idea of the inferiority of women or stereotyped roles of women and men. This could also include measures aimed at ensuring that culture, custom, religion, tradition or honour is not perceived as a justification for, or a more lenient treatment of, offences of violence against women or domestic violence, but rather as an aggravating circumstance. As so-called “honour crimes” are highly underreported in the Union, it is important that relevant authorities receive adequate training to be able to identify those crimes and to handle them in a correct manner. Considering that from a very young age onwards, children are exposed to gender roles that shape their self-perception and influence their academic and professional choices as well as expectations of their roles as women and men throughout their life, it is crucial to address gender stereotypes as of early-childhood education and care. Overexposure to pornography, where it contributes to gender stereotypes and is often young people’s only reference point for sexual relations, especially in the absence of access to comprehensive sexuality and relationship education, leads to a distorted and violent picture of sexuality. Member States should therefore take into account the impact of pornography on young people and the risk that they might reproduce violent behaviour.

Amendment 80

Proposal for a directive

Recital 60

Text proposed by the Commission

Amendment

(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 functions should also receive training. These trainings should also cover assessments regarding 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 by a patient.

(60) In order to ensure victims of violence against women and domestic violence are identified, are able to lodge complaints and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive adequate and tailored training and targeted information in order to advance their access to justice. Such training, including the supporting material, should be free and should take place during working hours. Training should cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection, medical and support measures for victims. Such training should, in particular, be available for professionals who work with women in institutions, such as residential care homes, asylum centres and prisons, and professionals who work or volunteer at shelters. Specific attention should be paid to the specialised training of competent authorities entering in contact with victims, including, in particular, training on how to avoid victim-blaming attitudes and behaviours, timely victim referral to specialised services, including women’s specialised services, and data treatment, with the aim of facilitating the reporting of violence against women and domestic violence. Such training should also cover gender equality and discrimination, including intersectional discrimination, the prevention of secondary victimisation, communication skills, and the prevention and identification of sexual harassment of the most marginalised groups. Such training should be provided by qualified trainers adhering to stringent quality standards in terms of training duration, frequency, methods and outcomes in accordance with the objectives of this Directive.

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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 81

Proposal for a directive

Recital 60 a (new)

Text proposed by the Commission

Amendment

(60a) To prevent and appropriately address instances of sexual harassment in the world of work, and to identify and address instances of domestic violence and its consequences, persons with supervisory functions and labour inspectors, should receive training. Such training should cover assessments regarding sexual harassment at the workplace and associated psychosocial safety and health risks as referred to in, and meeting the conditions under, Directive 89/391/EEC of the European Parliament and of the Council1a. Such training should also cover the risk of third-party violence and the fact that support should be in place for victims of such violence as part of occupational health and safety. Third-party violence refers to the violence which staff might suffer at the workplace from someone other than a co-worker. Member States should ensure that employers put in place, in consultation with workers representatives in accordance with Directive 89/391/EEC, inclusive, integrated and specialised strategies to mitigate and prevent sexual harassment in the world of work.

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1a 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 82

Proposal for a directive

Recital 61

Text proposed by the Commission

Amendment

(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, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.

(61) In order to counteract underreporting and prevent secondary victimisation, Member States should also liaise with law enforcement authorities, judicial authorities, civil society, community-based organisations, the European Institute for Gender Equality and other relevant specialised actors in the development of trainings in particular regarding harmful gender stereotypes and misconceptions about sexual and domestic violence, but also in the prevention of offences, given their typical close contact with groups at risk of violence, victims and offenders. Training of law enforcement authorities on how to receive a victim of gender-based violence, domestic violence or cyber violence is essential to properly assist the victim in filing a complaint and to properly assess her situation.

Amendment 83

Proposal for a directive

Recital 61 a (new)

Text proposed by the Commission

Amendment

(61a) Member States should recognise women's civil society organisations, including organisations working with women at a heightened risk of experiencing gender-based violence, as partners in policy development and implementation and should, where relevant, include them in the work of government bodies and committees working to combat violence against women and domestic violence. In addition, other relevant stakeholders should be consulted on relevant issues, such as the social partners in relation to sexual harassment in the world of work.

Amendment 84

Proposal for a directive

Recital 62

Text proposed by the Commission

Amendment

(62) Intervention programmes should be set up to prevent and minimise the risk of (repeated) offences of violence against women or domestic violence. The programmes should specifically aim at teaching offenders or those at risk of offending how to adopt non-violent behaviour in interpersonal relationships and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women.

(62) Intervention programmes should be set up to prevent and minimise the risk of (repeated) offences of violence against women or domestic violence. They should be carried out by trained and skilled professionals and in close cooperation with specialist support services for victims. The programmes should specifically aim at teaching offenders or those at risk of offending how to adopt non-violent behaviour in interpersonal relationships and how to counter violent behavioural patterns. Where the victim consents to interact with the offender or where the victim is in close physical proximity to the offender with their consent, particular attention should be paid to the victim’s safety during such intervention programmes. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women. Programmes should seek to help offenders understand and recognise that they are responsible, change their harmful attitudes and behaviours and adopt non-violent behaviour in interpersonal relationships.

Amendment 85

Proposal for a directive

Recital 62 a (new)

Text proposed by the Commission

Amendment

(62a) Member States should ensure that intervention programmes comply with minimum standards and are in accordance with best practices. Intervention programmes should be provided by trained staff, have a gender-based approach, be victim-orientated, include a full risk assessment of the perpetrator, be part of multiagency networks, strive to establish strong collaboration with specialist support services, including women’s specialist support services, provide guidelines for evaluating the outcome. Member States should cooperate with the European Institute for Gender Equality on the establishment of common standards and guidelines

Amendment 86

Proposal for a directive

Recital 62 b (new)

Text proposed by the Commission

Amendment

(62b) All measures provided for in this Directive need to be accompanied by sufficient, predictable and sustainable funding. That is especially important in order to ensure that national authorities and specialised support service providers, including non-governmental women’s specialist services, have sufficient funding and human, technical and technological resources for the effective and comprehensive implementation of this Directive. Member States should include women’s specialist support services as an integral part of the implementation of the national support system for victims of gender-based violence.

Amendment 87

Proposal for a directive

Recital 63

Text proposed by the Commission

Amendment

(63) In order to ensure that victims of the offences of cyber violence contained in this Directive can effectively realise their rights to have illegal material relating to such offences removed, Member States should encourage the cooperation between providers of intermediary services, authorities and civil society organisations, for example by establishing trusted flaggers pursuant to Regulation (EU) 2022/2065. To ensure that such material is detected early on and tackled effectively and that victims of those offences are adequately assisted and supported, Member States should also facilitate the establishment or use of existing self-regulatory measures of a voluntary nature, such as codes of conduct, including on the detection of systematic risks in relation to such cyber violence and the training of the providers’ employees concerned by preventing such violence and assisting victims.

Amendment 88

Proposal for a directive

Recital 63 a (new)

Text proposed by the Commission

Amendment

(63a) Member States should show their commitment to preventing and combating violence against women and domestic violence by developing national action plans in that regard.

Amendment 89

Proposal for a directive

Recital 63 b (new)

Text proposed by the Commission

Amendment

(63b) With a view to developing a consolidated Union strategy to address violence against women and domestic violence aimed at further strengthening the commitment of, and efforts made, by the Union and the Member States to prevent and combat it, Member States should facilitate the establishment of and the tasks of a coordinator on gender-based violence (the ‘Union coordinator’) The tasks of the Union coordinator should include, for example, improving coordination and coherence, avoiding duplication of efforts between Union institutions and agencies and between Member States and international actors, contributing to the development of existing or new Union policies and strategies relevant to the fight against violence against women and domestic violence and reporting to the Union institutions.

Amendment 90

Proposal for a directive

Recital 64

Text proposed by the Commission

Amendment

(64) Policies to adequately tackle violence against women and domestic violence can only be formulated on the basis of comprehensive and comparable disaggregated data. In order to effectively monitor developments in the Member States and fill the gaps of comparable data, Member States should regularly conduct surveys using the harmonised methodology of the Commission (Eurostat) to gather data and transmit these data to the Commission (Eurostat). In addition, qualitative data should be used because they can provide unique insight into the current realities in tackling violence against women and domestic violence and into the progress made in implementing this Directive. Data should be collected at the same point in the process to ensure comparable and relatable results. Non-governmental organisations working on preventing and tackling violence against women or domestic violence, including women’s organisations, women’s specialist support services and other specialist support services, should be involved in the development of data collection methodologies.

Amendment 91

Proposal for a directive

Recital 65

Text proposed by the Commission

Amendment

(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. Member States should provide relevant data and information to relevant institutions such as European Institute of Gender Equality and Eurofound in order to allow for the comparability, assessment and analysis of those data at Union level. Data collected should include the context in which the offence took place, such as the fact that it was committed 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. Those data should also include whether violence was committed against victims affected by intersectional discrimination. In order to protect anonymity and confidentiality, to respect the key principles of data protection and to respect fundamental rights, no personal data should be included when the data collected are shared.

Amendment 92

Proposal for a directive

Recital 65 a (new)

Text proposed by the Commission

Amendment

(65a) Data for statistical purposes should be collected on an ongoing basis to monitor trends and to identify good practices and areas for improvement. Eurostat and the European Institute for Gender Equality should prepare reports regularly on the statistics linked to the implementation of this Directive and transmit them to the Union coordinator, to the European Parliament and to the Council. The Commission should ensure that sufficient funding is allocated to carry out such reporting.

Amendment 93

Proposal for a directive

Recital 71

Text proposed by the Commission

Amendment

(71) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on [XX XX 2022],

(71) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered its comments on 4 April 2022,

Amendment 94

Proposal for a directive

Article 1 – paragraph 1 – point c

Text proposed by the Commission

Amendment

Amendment 95

Proposal for a directive

Article 1 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) prevention and early intervention.

Amendment 96

Proposal for a directive

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex and other grounds so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5) and Article 37(7).

1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing intersectional discrimination based on a combination of sex or gender and other grounds so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35(1) and Article 37(7).

Amendment 97

Proposal for a directive

Article 2 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that, in the application of this Directive, particular attention is paid to the risk of intimidation, retaliation, secondary and repeat victimisation and to the need to protect the dignity and physical integrity of victims.

Amendment 98

Proposal for a directive

Article 4 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

For the purposes of this Directive, the following definitions shall apply:

For the purposes of this Directive, the following definitions apply:

Amendment 99

Proposal for a directive

Article 4 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) “violence against women” means gender-based violence, that is directed against a woman or a girl because she is a woman or a girl or that affects women or girls disproportionately, including all acts of such violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;

(a) “violence against women” means all acts of gender-based violence that are directed against a woman or a girl because she is a woman or a girl or that affect women or girls in all their diversity disproportionately, including all acts of such violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;

Amendment 100

Proposal for a directive

Article 4 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) “domestic violence” means all acts of violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the offender shares or has shared a residence with the victim;

(b) “domestic violence” means all acts, or threats of acts, of physical, sexual, psychological or economic violence that result in, or are likely to result in, harm or suffering, that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the offender shares or has shared a household with the victim;

Amendment 101

Proposal for a directive

Article 4 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) “providers of intermediary services” means providers of the services as defined in Article 2 point (f) of Regulation (EU) YYYY/XXX of the European Parliament and of the Council17 [Regulation on a Single Market for Digital Services];

(f) “provider of intermediary services” means a provider of an intermediary services as defined in Article 3, point (f), of Regulation (EU) 2022/2065 of the European Parliament and of the Council17;

__________________

17 Regulation (EU) YYYY/XXX of the European Parliament and of the Council on a Single Market for Digital Services (OJ L …).

17 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p.1).

Amendment 102

Proposal for a directive

Article 4 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) “sexual harassment at 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;

(g) “sexual harassment in 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, self-employment, informal and undocumented work, job seeking or training, including in public and private work spaces, places where the worker is paid, takes a rest, break or a meal, or uses sanitary, washing or changing facilities, during work-related trips, travel, training, events or social activities, through work-related communications, including those enabled by information and communication technologies, in employer-provided accommodation, or when commuting to and from work, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment, including where a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for job-related decisions;

Amendment 103

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’s consent given voluntarily or where the woman is unable to form a free will due to her physical or mental condition, thereby exploiting her incapacity to form a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability.

2. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’s consent given voluntarily or where the woman is unable to form a free will due to her physical or mental condition, thereby exploiting her incapacity to form a free will, such as in a state of fear, intimidation, unconsciousness, intoxication, sleep, illness, bodily injury or disability or in an otherwise particularly vulnerable situation.

Amendment 104

Proposal for a directive

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance or past sexual conduct.

3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted by the woman’s silence, verbal or physical non-resistance or past sexual conduct or existing or past relationship with the offender including marital or any other partnership status. Consent shall be given voluntarily as the result of free will and it shall be assessed in the context of the surrounding circumstances;

Amendment 105

Proposal for a directive

Article 5 a (new)

Text proposed by the Commission

Amendment

Article 5a

Sexual assault

1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence:

(a) engaging with a woman in any non-consensual act of a sexual nature, other than acts as referred to in Article 5(1), point (a);

(b) causing a woman to engage with another person in any non-consensual act of a sexual nature, other than acts as referred to in Article 5(1), point (b);

2. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’s consent given voluntarily or where the woman is unable to form free will due to her physical or mental condition, and her incapacity to form free will is exploited, such as being in a state of fear, intimidation, unconsciousness, intoxication, sleep, illness, bodily injury or disability or being in an otherwise particularly vulnerable situation;

3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted by the woman’s silence, verbal or physical non-resistance or past sexual conduct or existing or past relationship with the offender, including marital or any other partnership status. Consent shall be given voluntarily as the result of free will and it shall be assessed in the context of the surrounding circumstances.

Amendment 106

Proposal for a directive

Article 6 a (new)

Text proposed by the Commission

Amendment

Article 6a

Intersex genital mutilation

1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence:

(a) performing any medically unnecessary surgical or medical procedure or hormonal treatment on the sex characteristics of a healthy woman or child born with variations of sex characteristics, without obtaining prior and informed consent and without the woman or child understanding the procedure or treatment, with the purpose or effect of altering those sex characteristics to align them with sex characteristics considered typically female or male;

(b) coercing a healthy woman or child to undergo a procedure or treatment as referred to in point (a).

2. Member States shall ensure that the prior and informed consent of a woman or child to undergo a procedure or treatment as referred to in paragraph 1 cannot be substituted by the consent of the woman or child’s legal guardian.

Amendment 107

Proposal for a directive

Article 6 b (new)

Text proposed by the Commission

Amendment

Article 6b

Forced sterilisation

1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence:

(a) performing surgery which has the purpose or effect of terminating a woman or child’s ability to naturally reproduce without obtaining prior and informed consent and without the woman or child understanding the procedure, including as a prerequisite for other medical procedures;

(b) coercing or procuring a woman or a child to undergo the surgery referred to in point (a).

2. Member States shall ensure that the prior and informed consent of a woman or child to undergo the procedure referred to in paragraph 1, point (a), cannot be substituted by the consent of the woman or child’s legal guardian.

Amendment 108

Proposal for a directive

Article 6 c (new)

Text proposed by the Commission

Amendment

Article 6c

Forced marriage

Member States shall ensure that the following intentional conduct is punishable as a criminal offence:

(a) forcing a woman or a child to enter into a marriage;

(b) luring a woman or child to the territory of a country other than the one in which the woman or child resides in order to force that person to enter into a marriage.

Amendment 109

Proposal for a directive

Article 6 d (new)

Text proposed by the Commission

Amendment

Article 6d

Sexual harassment in the world of work

Member States shall ensure that intentionally committing sexual harassment in the world of work is punishable as a criminal offence.

Amendment 110

Proposal for a directive

Article 7 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) making intimate images, or videos or other material depicting sexual activities, of another person without that person’s consent accessible to a multitude of end-users by means of information and communication technologies;

(a) making intimate material of another person without that person’s consent accessible to other end-users by means of information and communication technologies;

Amendment 111

Proposal for a directive

Article 7 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) producing or manipulating and subsequently making accessible to a multitude of end-users, by means of information and communication technologies, images, videos or other material, making it appear as though another person is engaged in sexual activities, without that person’s consent;

(b) producing or manipulating and subsequently making accessible to other end-users, by means of information and communication technologies, intimate material or other material to make it appear as though another person is engaged in sexual activities, without that person’s consent;

Amendment 112

Proposal for a directive

Article 7 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) threatening to engage in the conduct referred to in points (a) and (b) in order to coerce another person to do, acquiesce or refrain from a certain act.

Amendment 113

Proposal for a directive

Article 7 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

For the purposes of this Article, the term 'intimate material' shall be understood as including images, photographs and video recordings of a private or personal nature and of a sexual or nude nature.

Amendment 114

Proposal for a directive

Article 8 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(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 physical or significant psychological harm to the person.

(c) making material containing or revealing the personal data of another person, without that person’s consent, accessible to other end-users, by means of information and communication technologies, for the purpose of inciting others to cause physical, psychological or economic harm to that person.

Amendment 115

Proposal for a directive

Article 9 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) initiating an attack with third parties directed at another person, by making threatening or insulting material accessible to a multitude of end-users, by means of information and communication technologies, with the effect of causing significant psychological harm to the attacked person;

(a) initiating an attack directed at another person, by making threatening or abusive material accessible to other end-users, by means of information and communication technologies, with the effect of causing psychological or economic harm to the attacked person.

Amendment 116

Proposal for a directive

Article 9 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) participating with third parties in attacks referred to in point (a).

(b) participating in attacks as referred to in point (a).

Amendment 117

Proposal for a directive

Article 9 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) the unsolicited sending, by means of information and communication technologies, of an image, video or other material depicting genitals to a person with the effect of causing psychological harm to that person.

Amendment 118

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall ensure that the intentional conduct of inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex or gender, by disseminating to the public material containing such incitement by means of information and communication technologies is punishable as a criminal offence.

Member States shall ensure that the intentional conduct of inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to sexual orientation, gender expression, gender identity or, sex characteristics, by disseminating to the public material containing such incitement by means of information and communication technologies, is punishable as a criminal offence.

Amendment 119

Proposal for a directive

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that an attempt to commit any of the criminal offences referred to in Articles 5 and 6 is punishable as a criminal offence.

2. Member States shall ensure that an attempt to commit any of the criminal offences referred to in Articles 5, 5a, 6, 6a, 6b and 6c are punishable as a criminal offence.

Amendment 120

Proposal for a directive

Article 12 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Member States shall ensure that the criminal offence referred to in Article 5a is punishable by a maximum penalty of at least three years of imprisonment and at least five years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13;

Amendment 121

Proposal for a directive

Article 12 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

2b. Member States shall ensure that the criminal offences referred to in Article 6d is punishable by a maximum penalty of at least one year of imprisonment.

Amendment 122

Proposal for a directive

Article 12 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure that an offender of the criminal offence referred to in Article 5, who has previously been convicted of offences of the same nature, mandatorily participates in an intervention programme referred to in Article 38.

3. Member States shall ensure that an offender of the criminal offence referred to in Article 5 mandatorily participates in an intervention programme referred to in Article 38 without delay after conviction;

Amendment 123

Proposal for a directive

Article 12 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall ensure that the criminal offence referred to in Article 6 is punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.

4. Member States shall ensure that the criminal offences referred to in Article 6, 6a, 6b and 6c are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.

Amendment 124

Proposal for a directive

Article 13 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the offence was committed against a person made vulnerable by particular circumstances, such as a situation of dependence or a state of physical, mental, intellectual or sensory disability, or living in institutions;

(b) the offence was committed against a person made vulnerable by particular circumstances, such as residence status, pregnancy, a situation of dependence or a state of physical, mental, intellectual or sensory disability or distress, being a victim of trafficking or living in institutions, including retirement homes, children’s homes, reception centres, detention facilities or accommodation centres for asylum seekers;

Amendment 125

Proposal for a directive

Article 13 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) the offence was preceded or accompanied by extreme levels of violence;

(f) the offence was preceded or accompanied by extreme levels of violence or particularly inhuman, degrading or humiliating acts;

Amendment 126

Proposal for a directive

Article 13 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) the offence resulted in the death or suicide of the victim or severe physical or psychological harm for the victim;

(i) the offence resulted in the death or suicide of the victim or severe physical or psychological harm for the victim or dependants;

Amendment 127

Proposal for a directive

Article 13 – paragraph 1 – point j

Text proposed by the Commission

Amendment

(j) the offender has previously been convicted of offences of the same nature;

(j) the offender has previously been convicted of offences of a similar nature;

Amendment 128

Proposal for a directive

Article 13 – paragraph 1 – point o a (new)

Text proposed by the Commission

Amendment

(oa) the offence was committed against a public representative, a journalist or a human rights defender;

Amendment 129

Proposal for a directive

Article 13 – paragraph 1 – point o b (new)

Text proposed by the Commission

Amendment

(ob) the offence brought profit or gain or had the intention of bringing profit or gain;

Amendment 130

Proposal for a directive

Article 13 – paragraph 1 – point o c (new)

Text proposed by the Commission

Amendment

(oc) the intention of the crime was to preserve or restore the so-called “honour” of a person, a family, a community or another similar group;

Amendment 131

Proposal for a directive

Article 13 – paragraph 1 – point o d (new)

Text proposed by the Commission

Amendment

(od) the intention of the crime was to punish victims for their sexual orientation, gender expression, gender identity, sex characteristics, skin colour, religion, social origin or political beliefs.

Amendment 132

Proposal for a directive

Article 14 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. A Member State shall inform the Commission where it decides to extend its jurisdiction to criminal offences referred to in Articles 5 to 11 which have been committed outside its territory in any of the following situations:

2. Member States shall take the necessary measures to establish their jurisdiction over criminal offences referred to in Articles 5 and 6 which have been committed outside its territory in any of the following situations:

Amendment 133

Proposal for a directive

Article 14 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Member States shall inform the Commission where they decide to establish their jurisdiction over criminal offences as referred to in Article 5a and Articles 6a to 11 which have been committed outside its territory and which have been committed either:

(a) against their nationals or habitual residents in their territory; or

(b) by offenders who are habitual residents in their territory.

Amendment 134

Proposal for a directive

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Article 5 of at least 20 years from the time when the offence was committed.

2. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 5 and 6 of at least 20 years from the time when the offence was committed;

Amendment 135

Proposal for a directive

Article 15 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Article 6 of at least 10 years from the time when the offence was committed.

3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 5a, 6a, 6b and 6c of at least 10 years from the time when the offence was committed;

Amendment 136

Proposal for a directive

Article 15 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 7 and 9 of at least 5 years after the criminal offence has ceased or the victim has become aware of it.

4. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 6d, 7 and 9 of at least 5 years after the criminal offence has ceased or the victim has become aware of it.

Amendment 137

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

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 can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting criminal offences online or through other information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.

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 can report criminal offences of violence against women or domestic violence to the competent authorities in an easy, safe and accessible manner, with due regard for their privacy. This shall include the possibility of reporting criminal offences online or through other accessible and secure information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence;

Amendment 138

Proposal for a directive

Article 16 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Member States shall ensure that victims have access to legal aid and assistance, free of charge and in a language they can understand, when reporting criminal offences and during judicial proceedings;

Amendment 139

Proposal for a directive

Article 16 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. Member States shall ensure that the competent authorities take all the necessary measures to ensure that all evidence is secured from the earliest possible moment, including by appropriate technical means.

Amendment 140

Proposal for a directive

Article 16 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

1c. Member States shall ensure that victims are referred to a specialised contact person within the competent authority irrespective of whether a criminal complaint is filed.

Amendment 141

Proposal for a directive

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

Amendment 142

Proposal for a directive

Article 16 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that a serious act of violence covered under this Directive has been committed or further serious acts of violence are to be expected.

3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare and education professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is a serious risk that physical or psychological harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that an act of violence covered under this Directive has been committed or further acts of violence are to be expected.

Amendment 143

Proposal for a directive

Article 16 – paragraph 4

Text proposed by the Commission

Amendment

4. Where children report criminal offences of violence against women or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. Member States shall ensure that professionals trained to work with children assist in reporting procedures to ensure that they are in the best interests of the child. Member States shall ensure that reporting is not conditional upon parental consent and that there is no obligation on the competent authorities to immediately inform a holder of parental responsibility of the reporting.

Amendment 144

Proposal for a directive

Article 16 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States shall ensure that the competent authorities coming in contact with a victim reporting offences of violence against women or domestic violence are prohibited from transferring 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 18.

5. Member States shall ensure that the competent authorities and other services coming in contact with a victim reporting offences of violence against women or domestic violence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities ;

Amendment 145

Proposal for a directive

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient expertise and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.

1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient, and specialised expertise and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.

Amendment 146

Proposal for a directive

Article 17 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that reported offences of violence against women or domestic violence are processed and transferred without delay to the competent authorities for prosecution and investigation.

Amendment 147

Proposal for a directive

Article 17 – paragraph 3

Text proposed by the Commission

Amendment

3. The competent authorities shall promptly and effectively record and investigate allegations of violence against women or domestic violence and ensure that an official complaint is filed in all cases.

3. The competent authorities shall promptly and effectively record and investigate allegations of violence against women or domestic violence and ensure that an administrative record is kept in all cases and that evidence is preserved, whether or not the investigation proceeds.

Amendment 148

Proposal for a directive

Article 17 – paragraph 4

Text proposed by the Commission

Amendment

4. The competent authorities shall promptly refer victims to relevant health care professionals or support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services.

4. The competent authorities shall promptly refer victims to relevant health care professionals or specialist support services referred to in Articles 27, 28, 29 and 29a to assist in securing evidence, in particular in cases of sexual violence. The competent authorities shall ensure that victims are informed of the importance of collecting evidence at the earliest possible time;

Amendment 149

Proposal for a directive

Article 17 – paragraph 5

Text proposed by the Commission

Amendment

5. Investigations into or prosecution of offences referred to in Article 5 shall not be dependent on reporting or accusation by a victim or by their representative, and criminal proceedings shall continue even if the report or accusation has been withdrawn.

5. Investigations into or prosecution of offences referred to in Articles 5, 6, and 6c shall not be dependent on reporting or accusation by a victim or by their representative, and criminal proceedings shall continue even if the report or accusation has been withdrawn.

Amendment 150

Proposal for a directive

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1. In the framework of the individual assessment which is to be carried out under Article 22 of Directive 2012/29/EU, Member States shall ensure that, as regards victims covered by this Directive, the additional elements as set out in paragraphs 2 to 7 of this Article are assessed.

Amendment 151

Proposal for a directive

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

2. This individual assessment shall be initiated upon the first contact of the victim with the competent authorities. The competent judicial authorities shall verify at the latest at the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall remedy the situation by undertaking an assessment as soon as possible.

2. The specialised individual assessment shall be initiated without delay upon the first contact of the victim with the competent authorities and shall be carried out by professionals with expertise in this area. The competent judicial authorities shall verify in a timely manner and at the latest at the initiation of criminal proceedings whether such an assessment has been conducted. If this has not been the case, they shall remedy the situation by undertaking a specialised individual assessment.

Amendment 152

Proposal for a directive

Article 18 – paragraph 3

Text proposed by the Commission

Amendment

3. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, the risk of bodily harm, the use of weapons, the offender or suspect living with the victim, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues or behaviour of stalking.

3. The specialised individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, the degree of control exercised by the offender or suspect over the victim and its potential effect on the preservation of evidence, the risk of bodily or psychological harm, the possible use of and access to weapons, the offender or suspect living with the victim, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues, including the risk of suicide, or behaviour of stalking.

Amendment 153

Proposal for a directive

Article 18 – paragraph 4

Text proposed by the Commission

Amendment

4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.

4. The specialised individual assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex, gender and other grounds as referred to in Article 35(1) and therefore face a heightened risk of violence. Circumstances requiring special attention shall include the fact that the victim is pregnant, the victim’s dependence on or relationship to the offender, the risk of the victim returning to the offender or suspect, recent separation from an offender or suspect, the possible risk that children and companion animals are used to exercise control over the victim and the risks for victims with disabilities. Special attention shall also be given to the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.

Amendment 154

Proposal for a directive

Article 18 – paragraph 5 – introductory part

Text proposed by the Commission

Amendment

5. Member States shall ensure that adequate protection measures are taken on the basis of the individual assessment, such as:

5. Member States shall ensure that adequate protection measures are taken on the basis of the specialised individual assessment, such as:

Amendment 155

Proposal for a directive

Article 18 – paragraph 5 – point b

Text proposed by the Commission

Amendment

(b) the granting of emergency barring and restraining or protection orders pursuant to Article 21 of this Directive;

(b) the granting of emergency barring and restraining or protection orders and the use of arrest and detention pursuant to Article 21 of this Directive;

Amendment 156

Proposal for a directive

Article 18 – paragraph 6

Text proposed by the Commission

Amendment

6. The specialised individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings and relevant support services, such as victim protection centres, women’s and children´s specialised services, shelters, social services, child protection or welfare services, healthcare professionals, specialist support services for LGBTIQ victims and other relevant stakeholders.

Amendment 157

Proposal for a directive

Article 18 – paragraph 7

Text proposed by the Commission

Amendment

7. Competent authorities shall update the individual assessment at regular intervals to ensure the protection measures relate to the victim’s current situation. This shall include an assessment of whether protection measures, in particular under Article 21, need to be adapted or taken.

7. Competent authorities shall update the specialised individual assessment at regular intervals, including during important junctures in the case and where custody or rights of access are altered, to ensure the protection measures relate to the victim’s current situation. The specialised individual assessment shall include an evaluation of whether protection measures, in particular under Article 21, need to be adapted or taken.

Amendment 158

Proposal for a directive

Article 18 – paragraph 8

Text proposed by the Commission

Amendment

8. Victims’ dependants shall be presumed to have specific protection needs without undergoing the assessment referred to in paragraphs 1 to 6.

8. Victims’ dependants shall be presumed to have specific protection needs without undergoing a specialised individual assessment.

Amendment 159

Proposal for a directive

Article 19 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that, taking into account the individual assessment referred to in Article 18, the competent authorities assess the victim’s and their dependant’s individual needs for support as provided for under Chapter 4.

1. Member States shall ensure that, taking into account the specialised individual assessment, the competent authorities regularly assess the victim’s and their dependant’s individual needs for support as provided for under Chapter 4 (the ‘individual assessment of victims’ support needs’).

Amendment 160

Proposal for a directive

Article 19 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The individual assessment of victims’ support needs and the provision of support services shall not depend on a victim reporting the criminal offence.

Amendment 161

Proposal for a directive

Article 19 – paragraph 2

Text proposed by the Commission

Amendment

2. Article 18(4) and (7) shall apply to the individual assessment of support needs under paragraph 1 of this Article.

2. Article 18(4), (6) and (7) shall apply mutatis mutandis to the individual assessment of victims’ support needs.

Amendment 162

Proposal for a directive

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that support services contact victims to offer support.

1. If the specialised individual assessment and individual assessment of victims’ support needs have identified specific protection or support needs or if the victim requests support, Member States shall ensure that support services, including women’s specialist support services, contact victims to offer support, with due regard for their safety.

Amendment 163

Proposal for a directive

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. The competent authorities shall respond to requests for protection and support in a timely and coordinated manner.

2. The competent authorities shall respond to requests for protection and support, including medical care, without delay and in a coordinated manner.

Amendment 164

Proposal for a directive

Article 20 – paragraph 3

Text proposed by the Commission

Amendment

3. Where needed, they shall be able to refer child victims, including witnesses, to support services without the prior consent of the holder of parental responsibility.

3. Where needed, Member States shall ensure that the competent authorities can refer child victims, including witnesses, to specialist support services without the prior consent of a holder of parental responsibility.

Amendment 165

Proposal for a directive

Article 21 – title

Text proposed by the Commission

Amendment

Emergency barring, restraining and protection orders

Emergency barring, restraining and protection orders, arrest and detention

Amendment 166

Proposal for a directive

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that, in situations of danger for the victim’s or their dependant’s health or safety, the competent authorities issue orders without delay 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, or coming closer than a prescribed distance from, that residence or the victim’s workplace or from contacting the victim, their dependants or their workplace in any way. Such orders shall have immediate effect and not be dependent on a victim reporting the criminal offence. Such orders may be complementary to orders as set out in paragraphs 2 and 2a.

Amendment 167

Proposal for a directive

Article 21 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Member States shall ensure the use of electronic monitoring or other supervision measures to ensure the enforcement of the orders referred to in paragraphs 1 and 2 and to increase the victim´s protection.

Amendment 168

Proposal for a directive

Article 21 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

2b. Member States shall ensure that the competent authorities consider ordering, without delay, the arrest and detention of a suspect in situations where there is immediate danger for the victim or the dependants or for the purposes of preserving evidence.

Amendment 169

Proposal for a directive

Article 21 – paragraph 2 c (new)

Text proposed by the Commission

Amendment

2c. Member States shall ensure that emergency barring, restraining or protection orders are not used as a substitute for arrest and detention where there is a risk of repeated and severe violence against a victim or dependents.

Amendment 170

Proposal for a directive

Article 21 – paragraph 2 d (new)

Text proposed by the Commission

Amendment

2d. Where an offender is subject to detention, the competent authorities shall ensure that the victim is informed when the offender is released.

Amendment 171

Proposal for a directive

Article 21 – paragraph 4

Text proposed by the Commission

Amendment

4. Any breaches of emergency barring or restraining and protection orders shall be subject to effective, proportionate and dissuasive criminal or other legal penalties.

4. Any breaches of emergency barring or restraining and protection orders shall be subject to effective, proportionate and dissuasive criminal or other legal penalties. Member States shall ensure that victims are informed of any breach of such orders. Member States shall ensure that, where such an order has been breached, the competent authorities immediately assesses the possible risk of imminent harm and takes the necessary protection measures.

Amendment 172

Proposal for a directive

Article 21 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Member States shall ensure that in situations in which barring, restraining or protection orders are issued, perpetrators are informed of specialised programmes addressing gender-based violence.

Amendment 173

Proposal for a directive

Article 23 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall issue guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence. Those guidelines shall include guidance on:

Member States shall issue specialised guidelines for the competent authorities acting in criminal and, where relevant, civil proceedings, such as custody proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence. Those guidelines shall be gender sensitive and shall include guidance on:

Amendment 174

Proposal for a directive

Article 23 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) how to ensure the proper identification of all forms of such violence;

(a) how to ensure the proper identification of all forms of such violence and the gathering and preservation of relevant evidence, including online evidence;

Amendment 175

Proposal for a directive

Article 23 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) how to conduct the individual assessment under Articles 18 and 19;

(b) how to conduct the specialised individual assessment and individual assessment of victims’ support needs, including how frequently such assessments are to be updated;

Amendment 176

Proposal for a directive

Article 23 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) how to obtain, without delay, emergency barring, restraining or protection orders, including those with immediate effect;

Amendment 177

Proposal for a directive

Article 23 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) how to treat victims in a trauma, gender, disability and child-sensitive manner and how to ensure the child’s right to be heard and the best interests of the child;

Amendment 178

Proposal for a directive

Article 23 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) how to ensure the proceedings are conducted in a manner as to prevent secondary or repeat victimisation;

(d) how to ensure that victims are treated in a respectful way and that the proceedings are conducted in such a manner as to prevent secondary or repeat victimisation;

Amendment 179

Proposal for a directive

Article 23 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) how to cater to the enhanced protection and support needs of victims experiencing discrimination based on a combination of sex and other grounds;

(e) how to cater to the enhanced protection, medical and support needs of victims experiencing intersectional discrimination based on a combination of sex, gender and other grounds as referred to in Article 35 (1);

Amendment 180

Proposal for a directive

Article 23 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) how to avoid gender stereotypes;

(f) how to identify and avoid gender stereotypes;

Amendment 181

Proposal for a directive

Article 23 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) how to refer victims to support services, to ensure the appropriate treatment of victims and handling of cases of violence against women or domestic violence.

(g) how to refer victims to specialist support services, including medical services, to ensure the appropriate treatment of victims and handling, of cases of violence against women or domestic violence without delay;

Amendment 182

Proposal for a directive

Article 23 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

The guidelines referred to in the first paragraph shall be reviewed and updated at regular intervals, having regard to the way that they apply in practice, in consultation and cooperation with specialist services, including women’´s specialist support services.

Amendment 183

Proposal for a directive

Article 24 – title

Text proposed by the Commission

Amendment

Role of national bodies and equality bodies

Role of national bodies and equality bodies and other specialised relevant actors

Amendment 184

Proposal for a directive

Article 24 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall designate and make the necessary arrangement for a body or bodies to carry out the following tasks:

Member States shall designate and make the necessary arrangement for a body or bodies or other specialised relevant actors to carry out the following tasks:

Amendment 185

Proposal for a directive

Article 24 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) publish independent reports and make recommendations on any issue relating to such forms of violence;

(b) publish independent reports and make recommendations on any issue relating to such forms of violence, including gathering existing best practice;

Amendment 186

Proposal for a directive

Article 24 – paragraph 1 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

(c) exchange available information with corresponding European bodies such as the European Institute for Gender Equality.

(c) support data collection and exchange available information with corresponding European bodies such as the European Institute for Gender Equality;

Amendment 187

Proposal for a directive

Article 24 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that the bodies referred to in paragraph 1 can act on behalf or in support of one or several victims of violence against women or domestic violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.

2. Member States shall ensure that the bodies or other specialised relevant actors referred to in paragraph 1 can act on behalf or in support of one or several victims of violence against women or domestic violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.

Amendment 188

Proposal for a directive

Article 25 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall take the necessary measures to ensure the prompt removal of material referred to in Article 7, points (a) and (b), Article 8, point (c), and Articles 9 and 10. Those measures shall include the possibility for their competent judicial authorities to issue, upon application by the victim, binding legal orders to remove or disable access to such material addressed to relevant providers of intermediary services.

1. Member States shall take the necessary measures to ensure the prompt removal of or the disabling of access to, material referred to in Article 7, points (a) and (b), Article 8, points (a) and (c), Articles 9 and 10 which is publicly accessible online. Those measures shall include the possibility for their competent judicial authorities to issue, upon application by the victim , binding legal orders to remove or disable access to such material addressed to relevant providers of intermediary services.

Amendment 189

Proposal for a directive

Article 25 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Member States shall ensure that orders referred to in paragraph 1 can be issued in interim proceedings, even prior to the termination of any criminal proceedings regarding the offences referred to in Article 7, points (a) and (b), Article 8, point (c), Article 9 or Article 10 where the judicial authority seized considers that:

2. Member States shall ensure that orders to disable access to material referred to in Article 7, point (a) or (b), Article 8, point (a) or (c), or Article 9 or 10 can be issued in interim proceedings, even prior to the termination of any criminal proceedings regarding the offences referred to in Article 7, points (a) and (b), Article 8, points (a) and (c), Article 9 or Article 10 where the judicial authority seized considers that:

Amendment 190

Proposal for a directive

Article 25 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) it has been presented with sufficient evidence to justify the conclusion that the conduct referred to in Article 7, points (a) and (b), Article 8, point (c), Article 9 or Article 10 likely took place in respect of the applicant and that the material that is the object of the application constitutes material as referred to in those articles;

(a) it has been presented with sufficient evidence to justify the conclusion that the conduct referred to in Article 7, points (a) and (b), Article 8, points (a) and (c), Article 9 or Article 10 likely took place in respect of the applicant and that the material that is the object of the application constitutes material as referred to in those articles;

Amendment 191

Proposal for a directive

Article 25 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) the removal of that material is necessary to prevent or limit significant harm to the victim;

(b) the removal or disabling of access to that material is necessary to prevent or limit significant harm to the victim;

Amendment 192

Proposal for a directive

Article 25 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure that orders referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, points (a) and (b), Article 8, point (a), and, where it concerns publicly available material, point (c), Article 9 or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of intermediary services concerned is informed thereof. Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) or (b), Article 8, point (a) or (c), Article 9 or Article 10 conclude with a finding that such an offence has been committed, the orders referred to in paragraphs 1 and 2 of this Article become permanent.

Amendment 193

Proposal for a directive

Article 25 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall ensure that the orders and other measures referred to in paragraphs 1 and 2 are taken following transparent procedures and are subject to adequate safeguards, in particular to ensure that those orders and other measures are limited to what is necessary and proportionate and that due account is taken of the rights and interests of all parties involved.

Amendment 194

Proposal for a directive

Article 25 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States shall ensure that the end-users of the relevant services are informed, where appropriate by the intermediary service providers concerned, of the reasons for the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 and that those end-users have access to judicial redress.

5. Member States shall ensure that the end-user of the relevant services who made the material subject to a judicial order available online is informed, where appropriate by the intermediary service providers concerned, of the reasons for the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 and that those end-users have access to judicial redress.

Amendment 195

Proposal for a directive

Article 25 – paragraph 6

Text proposed by the Commission

Amendment

6. Member States shall ensure that the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 does not prevent the competent authorities from obtaining or securing the evidence necessary for the investigation and prosecution of the offences referred to in Article7, points (a) and (b), Article 8, point (c), Article 9 or Article 10.

6. Member States shall ensure that evidence is obtained and secured without undue delay after the offence is reported. Member States shall take the necessary measures to ensure that the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 does not prevent the competent authorities from obtaining or securing the evidence necessary for the investigation and prosecution of the offences referred to in Article 7, points (a) and (b), Article 8, point (a), and, where it concerns publicly available material, point (c), Article 9 or Article 10.

Amendment 196

Proposal for a directive

Article 26 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence.

1. Member States shall ensure that victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence. Member States shall ensure that where offenders do not abide by the decision to pay compensation to the victim within the agreed timeframe, the victims have access to existing schemes of compensation.

Amendment 197

Proposal for a directive

Article 26 – paragraph 4

Text proposed by the Commission

Amendment

4. The damage shall include costs for healthcare services, support services, rehabilitation, loss of income and other reasonable costs that have arisen as a result of the offence or to manage its consequences. The amount of the damages awarded shall also compensate for physical and psychological harm and moral prejudice.

4. The damage shall include costs for sexual and reproductive and psychological healthcare services, support services, rehabilitation, loss of income and other reasonable costs that have arisen as a result of the offence or to manage its consequences. The amount of the damages awarded shall also compensate for physical or psychological harm, such as secondary victimisation, and moral prejudice.

Amendment 198

Proposal for a directive

Article 26 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

5. The limitation period for bringing a claim for compensation shall be no less than 5 years from the time the offence has taken place.

5. The limitation periods for bringing a claim for compensation for the offences referred to in Articles 5 to 11 shall be no less than the corresponding limitation periods for those offences set out in Article 15. The limitation periods for bringing a claim for compensation for acts of violence against women or domestic violence as criminalised under other instruments of Union law and for any other acts of violence against women or domestic violence as criminalised under national law shall be no less than 5 years from the time the offence has taken place.

Amendment 199

Proposal for a directive

Article 26 – paragraph 5 – subparagraph 3

Text proposed by the Commission

Amendment

The limitation period for bringing a claim for compensation of criminal offences referred to in Article 7 shall commence with the victim’s knowledge of the offence.

The limitation period for bringing a claim for compensation of criminal offences referred to in Articles 7 to 10 shall commence with the victim’s knowledge of the offence.

Amendment 200

Proposal for a directive

Article 26 – paragraph 5 – subparagraph 3 a (new)

Text proposed by the Commission

Amendment

The limitation period for bringing a claim for compensation for criminal offences as referred to in Articles 5 to 6d shall commence from the time the offence has taken place.

Amendment 201

Proposal for a directive

Article 27 – title

Text proposed by the Commission

Amendment

Specialist support to victims

General and specialist support to victims

Amendment 202

Proposal for a directive

Article 27 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Member States shall ensure that specialist support services referred to in Article 9(3) of Directive 2012/29/EU are available for victims of acts of violence covered by this Directive. The specialist support services shall provide:

1. Member States shall ensure that general victim support services and specialist support services referred to in Articles 8 and 9 of Directive 2012/29/EU are available for victims of acts of violence covered by this Directive and that the providers of those services cooperate with one another to ensure that the provision of those services is coordinated. General victim support services shall provide, at the earliest possible stage:

Amendment 203

Proposal for a directive

Article 27 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) advice and information on any relevant legal or practical matters arising as a result of the crime, including on access to housing, education, training and assistance to remain in or find employment;

(a) advice and information on any relevant legal, social or practical matters arising as a result of the crime, including on access to healthcare housing, education, training and assistance to remain in or find employment, childcare, financial assistance and benefits and on referrals to relevant specialist support services, including relevant exit services;

Amendment 204

Proposal for a directive

Article 27 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) referrals to medical forensic examinations;

(b) referrals to medical forensic examinations, including comprehensive healthcare services, psychological counselling, rape crisis centres, women’s support centres, women’s shelters, sexual violence referral centres and primary prevention services;

Amendment 205

Proposal for a directive

Article 27 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) support to victims of cyber violence, including advice on judicial remedies and remedies to remove online content related to the crime.

(c) support to victims of cyber violence, including on how to secure evidence and advice on judicial remedies and remedies to remove online content related to the crime;

Amendment 206

Proposal for a directive

Article 27 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Specialist support services shall provide, at the earliest possible stage:

(a) advice and information on any relevant legal, social or practical matters arising as a result of violence against women and domestic violence, in particular on access to women’s specialist services, including to women’s support centres, women’s shelters, helplines, rape crisis or sexual violence referral centres, primary prevention services, exit services, and on access to the other specialist support services referred to in Article 29;

(b) short-term and long-term psychological counselling, trauma care, legal counselling, advocacy and outreach services, and specific services for children as victims or witnesses;

(d) support to victims of violence against women and domestic violence with an intersectional approach, implementing empowering methodologies provided in a safe space and tailored to the needs of victims, respecting the victims’ agency over decisions and steps in their recovery process.

Amendment 207

Proposal for a directive

Article 27 – paragraph 2

Text proposed by the Commission

Amendment

2. Specialist support referred to in paragraph 1a shall be offered in-person and shall be easily accessible, including online or through other adequate means, such as information and communication technologies, be sufficiently geographically distributed, avoid technological barriers, and be tailored to the needs of victims of violence against women and domestic violence. The aim of such specialised support is to ensure the complex task of empowering victims through optimal support and assistance tailored to their specific needs. Such specialised support shall be provided in a language that the victim can understand and in a manner that is age-appropriate for the victim;

Amendment 208

Proposal for a directive

Article 27 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure sufficient human and financial resources to provide the services referred to in paragraph 1, especially those referred to in point (c) of that paragraph, including where such services are provided by non-governmental organisations.

deleted

Amendment 209

Proposal for a directive

Article 27 – paragraph 4

Text proposed by the Commission

Amendment

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.

4. Member States shall provide the protection, medical and specialist support services necessary to comprehensively address the multiple needs of victims of violence against women and domestic violence at the same premises, or have such services coordinated through a multiagency approach, as well as through a central contact point, or through one-stop online access to such services, including those provided by non-governmental organisations. Such services shall have clear referral protocols. Such a combined offering of services shall include at least first hand medical care, referral to further medical care, social services, and psychosocial support, legal services, and police services. Where necessary, rehabilitation and socio-economic integration after sexual exploitation shall be facilitated through specialist support services;

Amendment 210

Proposal for a directive

Article 27 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States shall issue guidelines and protocols for healthcare and social service professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds of discrimination.

5. Member States shall issue guidelines and protocols for general victim support services such as healthcare, social service and child protection service professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant medical and specialist support services and avoiding secondary victimisation. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex or gender and other grounds of discrimination. Such guidelines shall be created in a gender-, trauma- and child-sensitive manner in cooperation with the general victim support service providers and specialist support service providers and shall be reviewed on a regular basis;

Amendment 211

Proposal for a directive

Article 27 – paragraph 6

Text proposed by the Commission

Amendment

6. Member States shall ensure that specialist support services remain fully operational for victims of violence against women and domestic violence in times of crisis, such as health crises or other states of emergency.

6. Member States shall ensure that specialist support services, including medical support services, remain fully operational for victims of violence against women and domestic violence in times of crisis, such as health crises or other states of emergency;

Amendment 212

Proposal for a directive

Article 27 – paragraph 7

Text proposed by the Commission

Amendment

7. Member States shall ensure that specialist support services are available to victims before, during and for an appropriate time after criminal proceedings.

7. Member States shall ensure that all general victim support services and specialist support services, including medical support services, are available to victims without delay and free of charge. Access to such services shall not be conditional on the victim’s willingness to file a complaint against the offender to a competent authority. Access to such services shall be available before, during and for an appropriate time after criminal proceedings;

Amendment 213

Proposal for a directive

Article 28 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence. These centres shall provide for medical care and forensic examinations, timely referral to other medical care services, including sexual reproductive healthcare as part of the clinical management of rape, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner. Interviews of children who have experienced sexual violence shall be limited. Only specialists who have been trained to interview children shall interview children who have experienced sexual violence;

Amendment 214

Proposal for a directive

Article 28 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Member States shall guarantee that victims of sexual violence have timely access to comprehensive healthcare services, including sexual and reproductive healthcare services, emergency contraception, screening and post-exposure prophylaxis for sexually transmitted infections and access to safe and legal abortion;

Amendment 215

Proposal for a directive

Article 28 – paragraph 2

Text proposed by the Commission

Amendment

2. The services referred to in paragraph 1 shall be available free of charge and accessible every day of the week. They may be part of the services referred to in Article 27.

2. The services referred to in paragraphs 1 and 1a shall be available free of charge and accessible every day of the week. They may be part of the services referred to in Article 27.

Amendment 216

Proposal for a directive

Article 28 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure a sufficient geographical distribution and capacity of these services across the Member State.

3. Member States shall ensure a sufficient geographical distribution and capacity of these services across the Member State and shall ensure the safety of, and confidentiality for, victims. Member States shall ensure a minimum of one rape crisis or sexual violence referral centre per 200 000 inhabitants;

Amendment 217

Proposal for a directive

Article 28 – paragraph 4

Text proposed by the Commission

Amendment

4. Article 27(3) and (6) shall apply to the provision of support for victims of sexual violence.

4. Article 27 shall apply to the provision of support for victims of sexual violence;

Amendment 218

Proposal for a directive

Article 29 – title

Text proposed by the Commission

Amendment

Specialist support for victims of female genital mutilation

Specialist support for victims of female and intersex genital mutilation

Amendment 219

Proposal for a directive

Article 29 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure effective, age-appropriate support to victims of female genital mutilation, including by providing, gynaecological, sexological, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been perpetrated and for as long as necessary thereafter. This shall also include the provision of information on units in public hospitals that perform clitoral reconstructive surgery. Such support may be provided by the referral centres referred to in Article 28 or any dedicated health centre.

1. Member States shall ensure effective, age-appropriate, accessible support to victims of female and intersex genital mutilation, including by providing gynaecological, sexological, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been perpetrated and for as long as necessary thereafter. This shall also include the provision of information on units in public hospitals that perform genital and clitoral reconstructive surgery in the case of female genital mutilation, and access to treatment and medications needed as a consequence of intersex genital mutilation. Such support may be provided by the referral centres referred to in Article 28 or any dedicated health centre;

Amendment 220

Proposal for a directive

Article 29 – paragraph 2

Text proposed by the Commission

Amendment

2. Article 27(3) and (6) and Article 28(2) shall be applicable to the provision of support for victims of female genital mutilation.

2. Article 27 and Article 28(2) shall apply to the provision of support for victims of female and intersex genital mutilation as referred to in Articles 6 and 6a, respectively;

Amendment 221

Proposal for a directive

Article 29 a (new)

Text proposed by the Commission

Amendment

Article 29a

Specialist support for victims of forced sterilisation

1. Member States shall ensure that victims of forced sterilisation are provided with age-appropriate effective support, including gynaecological, psychological and trauma care tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter;

2. Article 27 and Article 28(2) shall apply to the provision of support to victims of forced sterilisation as referred to in Article 6b.

Amendment 222

Proposal for a directive

Article 29 b (new)

Text proposed by the Commission

Amendment

Article 29b

Specialist support for victims of cyber violence

1. Member States shall provide for appropriately equipped and easily accessible services to ensure effective support to victims of cyber violence, including psychological support, legal counselling and assistance for obtaining judicial orders for the removal of, or disabling access to, certain online material as referred to in Article 25, assisting in the communication with relevant online intermediary service providers and, where relevant, assisting in the preservation and documentation of evidence;

2. Article 27 shall apply to the provision of support for victims of cyber violence.

Amendment 223

Proposal for a directive

Article 30 – title

Text proposed by the Commission

Amendment

Specialist support for victims of sexual harassment at work

Specialist support to address sexual harassment in the world of work;

Amendment 224

Proposal for a directive

Article 30 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall ensure external counselling services are available for victims and employers in cases of sexual 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 wishes.

1. Member States shall, in consultation with the social partners, ensure guidelines on procedures for tackling violence at work and sexual harassment in the world of work. Such guidelines shall include reporting procedures and appropriate and effective remedies. Member States shall ensure that undertakings, groups of undertakings or franchises establish, where applicable through collective bargaining with trade unions, training programmes and policies to prevent and tackle sexual harassment in the world of work and cyber violence and third-party violence at work and provide accessible and effective complaint mechanisms for victims of such harassment or violence.

Amendment 225

Proposal for a directive

Article 30 – paragraph 2 (new)

Text proposed by the Commission

Amendment

2. Member States shall ensure that victims of sexual harassment in the world of work have access, free of charge, to specialist support services and safe, confidential and effective complaint mechanisms, including external counselling and advice on adequately preventing and addressing instances of violence at work and sexual harassment in world of work. Trade union representatives shall be able to support workers in relevant proceedings. Victims of sexual harassment in the world of work shall be protected from further victimisation pursuant to Council Directive 2000/78/EC1a. Member States shall ensure that the identity of victims of sexual harassment in the world of work is treated confidentially or with due regard to their right to anonymity.

__________________

1a Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).

Amendment 226

Proposal for a directive

Article 30 – paragraph 3 (new)

Text proposed by the Commission

Amendment

3. Member States shall ensure that external counselling services are available to employers in cases of sexual harassment in the world of work, including guidance on legal remedies to remove the offender from the workplace and on the potential to provide early conciliation, if the victim so wishes.

Amendment 227

Proposal for a directive

Article 30 – paragraph 4 (new)

Text proposed by the Commission

Amendment

4. Member States shall take the necessary measures to ensure that workers experiencing gender-based violence or domestic violence have the right to request short-term flexible working arrangements. Member States shall determine the duration of and detailed rules for such working arrangements.

Amendment 228

Proposal for a directive

Article 30 – paragraph 5 (new)

Text proposed by the Commission

Amendment

5. Member States shall ensure that the social partners are able to bargain collectively on workplace measures to prevent and address all forms of gender-based violence at work and to assist in identifying and supporting victims of such violence, in particular on the preventive measures referred to in Articles 36(8) and training and information for professionals as referred to in Article 37. Member States shall take measures to promote such collective bargaining, including through awareness-raising campaigns and training of the social partners and workplace health and safety representatives.

Amendment 229

Proposal for a directive

Article 31 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall set up state-wide round-the-clock (24/7) telephone helplines, free of charge, to provide advice for victims of violence against women and domestic violence. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications.

1. Member States shall set up state-wide round-the-clock (24/7) telephone helplines with the support of women’s specialist support services, free of charge, to provide information and advice for victims of violence against women and domestic violence. Specialist support services, including women’s specialist support services, shall provide that advice confidentially or with due regard for victims’ anonymity. Member States shall ensure the provision of such service also through other secure and accessible information and communication technologies, including online applications;

Amendment 230

Proposal for a directive

Article 31 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Telephone helplines as referred to in paragraph 1 shall not replace other existing helplines specialised in violence against women or domestic violence in Member States, including those run by non-governmental organisations;

Amendment 231

Proposal for a directive

Article 31 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall take appropriate measures to ensure the accessibility of services referred to in paragraph 1 for end-users with disabilities, including providing support in easy to understand language. Those services shall be accessible in line with the accessibility requirements for electronic communications services set in Annex I to Directive 2019/882/EU of the European Parliament and of the Council18 .

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18 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services, OJ L 151, 7.6.2019, p. 70–115.

18 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).

Amendment 232

Proposal for a directive

Article 31 – paragraph 3

Text proposed by the Commission

Amendment

3. Article 27(3) and (6) shall apply to the provision of helplines and support through information and communication technologies under this Article.

3. Article 27(6) shall apply to the provision of helplines and support through information and communication technologies under this Article.

Amendment 233

Proposal for a directive

Article 31 – paragraph 4

Text proposed by the Commission

Amendment

4. [Member States shall ensure that the service under paragraph 1 for victims of violence against women is operated under the harmonised number at EU level “116 016” and that the end-users are adequately informed of the existence and use of such number.]

4. Member States shall ensure that the service under paragraph 1 for victims of violence against women and domestic violence is operated under the harmonised number at EU level “116 016”.

Amendment 234

Proposal for a directive

Article 31 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Member States shall ensure that the end-users are adequately informed of the existence and number of helplines, including through regular awareness-raising campaigns;

Amendment 235

Proposal for a directive

Article 31 a (new)

Text proposed by the Commission

Amendment

Article 31a

Support in employment for victims of violence against women and domestic violence

1. Member States shall, in consultation with the social partners, take measures to ensure that employers are prevented from discriminating or in any way disadvantaging workers who are victims of domestic violence or sexual violence, on the grounds of such violence;

2. Member States shall, in consultation with the social partners, ensure that victims of violence against women and domestic violence have the right to paid leave of an appropriate duration in order to access support services and attend legal and judicial proceedings. Member States may determine the scope, duration and conditions of such leave in accordance with national law or practice.

Amendment 236

Proposal for a directive

Article 32 – paragraph 1

Text proposed by the Commission

Amendment

1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.

1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall be provided for the sole purpose of addressing the specific needs of women who are victims of domestic violence, sexual violence or sexual exploitation, including by providing women-only shelters. They shall assist victims in their recovery by providing safe, accessible, adequate and appropriate living conditions with a view to a return to independent living and by providing necessary support services such as referral for further medical care;

Amendment 237

Proposal for a directive

Article 32 – paragraph 2

Text proposed by the Commission

Amendment

2. The shelters and other appropriate interim accommodations shall be equipped to accommodate the specific needs of children, including child victims.

2. The shelters and other appropriate interim accommodations shall be equipped to accommodate the specific rights and needs of children, including child victims;

Amendment 238

Proposal for a directive

Article 32 – paragraph 3

Text proposed by the Commission

Amendment

3. The shelters and other appropriate interim accommodations shall be available to victims regardless of their nationality, citizenship, place of residence or residence status.

3. The shelters and other appropriate interim accommodation shall be available to victims, and their dependents, regardless of their nationality, citizenship, place of residence or residence status. Specialised women’s shelters shall be available in every region, with one family place per 10 000 inhabitants;

Amendment 239

Proposal for a directive

Article 32 – paragraph 4

Text proposed by the Commission

Amendment

4. Article 27(3) and (6) shall apply to shelters and other appropriate interim accommodations.

4. Article 27(6) and Article 28(2) and (3) shall apply to shelters and other appropriate interim accommodations;

Amendment 240

Proposal for a directive

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that children are provided specific adequate support as soon as the competent authorities have reasonable grounds to believe that the children might have been subject to, including having witnessed, violence against women or domestic violence. Support to children shall be specialised and age-appropriate, respecting the best interests of the child.

1. Member States shall ensure that children are provided specific adequate support as soon as the competent authorities have reasonable grounds to believe that the children might have been subject to, including having witnessed, violence against women or domestic violence and for as long as is necessary afterwards. Support to children shall be specialised and age-appropriate, respecting the best interests of the child;

Amendment 241

Proposal for a directive

Article 33 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Member States shall ensure that children of victims who have been killed due to violence against women or domestic violence and their relatives are provided with specific adequate support during relevant judicial proceedings;

Amendment 242

Proposal for a directive

Article 33 – paragraph 3

Text proposed by the Commission

Amendment

3. Where it is necessary to provide for interim accommodation, children shall as a priority be placed together with other family members, in particular with a non-violent parent in permanent or temporary housing, equipped with support services. Placement in shelters shall be a last resort.

3. Where it is necessary to provide for interim accommodation, children, after having been heard, shall as a priority be placed together with other family members, in particular with a non-violent parent, and not be separated from siblings, in permanent or temporary housing, equipped with support services and tailored to the specific needs of the child victims. Placement in shelters shall be a last resort;

Amendment 243

Proposal for a directive

Article 33 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Article 27 (6) and Article 28(2) and (3) shall apply to support for child victims;

Amendment 244

Proposal for a directive

Article 34 – paragraph -1 (new)

Text proposed by the Commission

Amendment

-1. Member States shall ensure that incidents of violence are taken into account in judicial decisions concerning the child and that the best interests of the child are always the primary consideration in all decisions concerning children and take precedence over the parental rights of an offender or suspect of violence against women or domestic violence. Member States shall ensure that the views of the child are taken into consideration in accordance with their age and maturity. Member States shall ensure the safety of non-abusive holders of parental responsibility during the proceedings;

Amendment 245

Proposal for a directive

Article 34 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against women or domestic violence, to the extent that the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child.

To the extent that an offender or suspect of violence against women or domestic violence has rights of access, Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibility. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child.

Amendment 246

Proposal for a directive

Article 35 – title

Text proposed by the Commission

Amendment

Targeted support for victims with specific needs and groups at risk

Targeted support for victims with intersectional needs and groups at risk;

Amendment 247

Proposal for a directive

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women.

1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence by virtue of intersectional discrimination, such as women with disabilities, women living in rural areas, women with dependant residence status or a permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, LBTIQ+ women, women in prostitution, victims of so-called “honour crimes”, women detainees, women suffering from addiction, women who are pregnant or older women;

Amendment 248

Proposal for a directive

Article 35 – paragraph 3

Text proposed by the Commission

Amendment

3. The support services shall be available for third-country nationals who are victims of violence against women and domestic violence, including for applicants for international protection, for undocumented persons and for persons subject of return procedures in detention. Member States shall ensure that victims who request so may be kept separately from persons of the other sex in detention facilities for third-country nationals subject of return procedures, or accommodated separately in reception centres for applicants for international protection.

3. The support services shall be available for third-country nationals who are victims of violence against women and domestic violence, including for applicants for international protection, for undocumented persons and for persons who are the subject of return procedures in detention. Member States shall ensure that victims who request so may be kept in women- and children-only sections of detention facilities for third-country nationals subject of return procedures, or accommodated separately in reception centres for applicants for international protection;

Amendment 249

Proposal for a directive

Article 35 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall ensure that persons can report occurrences of violence against women or domestic violence in reception and detention centres to the relevant staff and that protocols are in place to adequately and swiftly address such reports in accordance with the requirements in Article 18, 19 and 20.

4. Member States shall ensure that persons can report occurrences of violence against women or domestic violence in institutions and reception and detention centres to the relevant staff, and that protocols are in place to adequately and swiftly address such reports in accordance with the requirements in Article 18, 19 and 20;

Amendment 250

Proposal for a directive

Chapter 5 – title

Text proposed by the Commission

Amendment

PREVENTION

PREVENTION AND EARLY INTERVENTION

Amendment 251

Proposal for a directive

Article 36 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall take appropriate actions to prevent violence against women and domestic violence.

1. Member States shall take appropriate actions to prevent violence against women and domestic violence by adopting a comprehensive multi-layered approach;

Amendment 252

Proposal for a directive

Article 36 – paragraph 2

Text proposed by the Commission

Amendment

2. Preventive measures shall include awareness-raising campaigns, research and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.

2. Preventive measures shall include awareness-raising campaigns with the aim of increasing understanding among the general public of the different types of violence, through research and education programmes, including age-appropriate and comprehensive sexuality and relationship education and early intervention programmes, where appropriate developed in cooperation with relevant civil society organisations, specialist services, social partners, impacted communities, local and regional governments or authorities and other stakeholders;

Amendment 253

Proposal for a directive

Article 36 – paragraph 3

Text proposed by the Commission

Amendment

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, including medical treatment, available and easily accessible to the general public via various information and communication technologies, in relevant languages and in different formats, including for persons with disabilities;

Amendment 254

Proposal for a directive

Article 36 – paragraph 4

Text proposed by the Commission

Amendment

4. Targeted action shall be addressed to groups at risk, including children, according to their age and maturity, and persons with disabilities, taking into consideration language barriers and different levels of literacy and abilities. Information for children shall be formulated in a child-friendly way.

4. Targeted action shall be addressed to groups at an increased risk of violence against women or domestic violence by virtue of intersectional discrimination such as those referred to in Article 35(1), children, according to their age and maturity, and persons with disabilities, taking into consideration language barriers and different levels of literacy and abilities. Information for children shall be formulated in a child-friendly way;

Amendment 255

Proposal for a directive

Article 36 – paragraph 5

Text proposed by the Commission

Amendment

5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.

5. Preventive measures shall in particular aim at to empower women and girls by increasing awareness of the concept of consent, to challenge harmful gender stereotypes, particularly for men and boys, to promote gender equality, to promote mutual respect, to promote the right to personal integrity, to encourage all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive, and to increase awareness of the specific escalatory pattern of violence against women and domestic violence.

Amendment 256

Proposal for a directive

Article 36 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. Preventive measures shall aim to target and reduce the demand for victims of sexual exploitation.

Amendment 257

Proposal for a directive

Article 36 – paragraph 6

Text proposed by the Commission

Amendment

6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation.

6. Preventive measures shall develop or increase sensitivity about the harmful practice of female and intersex genital mutilation, forced marriage and forced sterilisation;

Amendment 258

Proposal for a directive

Article 36 – paragraph 7

Text proposed by the Commission

Amendment

7. Preventive measures shall also specifically address cyber violence. In particular, Member States shall ensure that education measures include the development of digital literacy skills, including critical engagement with the digital world, to enable users to identify and address cases of cyber violence, seek support and prevent its perpetration. Member States shall foster multidisciplinary and stakeholder cooperation, including intermediary services and competent authorities to develop and implement measures to tackle cyber violence.

7. Preventive measures shall also specifically address cyber violence. In particular, Member States shall ensure that education measures include the development of digital literacy skills, including critical engagement with the digital world and critical thinking to enable users to identify and address cases of cyber violence, to recognise its different forms, to seek support and to prevent its perpetration. Member States shall foster multidisciplinary and stakeholder cooperation, including intermediary services and competent authorities to develop and implement measures to tackle cyber violence;

Amendment 259

Proposal for a directive

Article 36 – paragraph 8

Text proposed by the Commission

Amendment

8. Member States shall ensure that sexual harassment at 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.

8. Member States shall, in consultation with the social partners, ensure that sexual harassment in the world of work is addressed in relevant national policies. Those national policies shall identify and establish targeted actions as referred to in paragraph 2 for sectors where workers are most exposed. Member States shall ensure that employers take into account the potential for violence at work and sexual harassment in the world of work in their health and safety policies, adopted pursuant to Directive 89/391/EEC. Workers shall have the right to receive support from a trade union and from the health and safety representative at the workplace.

Amendment 260

Proposal for a directive

Article 37 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that professionals likely to come into contact with victims and perpetrators or offenders, including law enforcement authorities, forensic medical personnel, court staff, judges and prosecutors, lawyers, providers of victim support services, including specialist services, professionals working in offender programmes, providers of 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 and offenders, to enable them to identify, prevent and address instances of violence against women or domestic violence, to avoid revictimisation and to treat victims in a trauma, gender, disability, language and child-sensitive manner.

Amendment 261

Proposal for a directive

Article 37 – paragraph 2

Text proposed by the Commission

Amendment

2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation.

2. Relevant health professionals, including paediatricians, gynaecologists, obstetricians, midwives and psychological support staff, shall receive targeted training to identify and address, in a culturally- sensitive manner, the physical, psychological and sexual consequences of female and intersex genital mutilation, forced sterilisation, so-called “honour crimes” and other harmful practices .

Amendment 262

Proposal for a directive

Article 37 – paragraph 3

Text proposed by the Commission

Amendment

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 at work, including on risk assessments concerning occupational safety and health risks, to provide support to victims affected thereby 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.

3. Persons with supervisory functions in the workplace, including health and safety representatives and labour inspectors, in both the public and private sectors, shall receive training on how to recognise, prevent and address sexual harassment in the world of work, including on risk assessments concerning occupational safety and health risks, to provide support to victims affected thereby and respond in an adequate manner, in accordance with training provided pursuant to Directive 89/391/EEC. 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 and how to support victims of domestic violence at work.

Amendment 263

Proposal for a directive

Article 37 – paragraph 4

Text proposed by the Commission

Amendment

4. The training activities referred to in paragraphs 1 and 2 shall include training on co-ordinated multi-agency co-operation to allow for a comprehensive and appropriate handling of referrals in cases of violence against women or domestic violence.

4. The training activities referred to in paragraphs 1 and 2 shall include training on co-ordinated multi-agency and multi-disciplinary co-operation to allow for a comprehensive and appropriate handling of referrals in cases of violence against women or domestic violence.

Amendment 264

Proposal for a directive

Article 37 – paragraph 6

Text proposed by the Commission

Amendment

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.

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 and to take into account the specific needs of victims;

Amendment 265

Proposal for a directive

Article 37 – paragraph 7

Text proposed by the Commission

Amendment

7. Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex and other grounds.

7. Training activities referred to in paragraphs 1, 2 and 3 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of gender or sex and other grounds as referred to in Article 35(1);

Amendment 266

Proposal for a directive

Article 37 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7a. Member States shall put in place procedures to ensure that the outcome and practical application of training under this Article are periodically and independently monitored and evaluated.

Amendment 267

Proposal for a directive

Article 38 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall take the necessary measures to ensure that targeted and effective intervention programmes are established to prevent and minimise the risk of committing offences of violence against women or domestic violence, or reoffending.

1. Member States shall take the necessary measures to ensure that targeted and effective intervention programmes are established in coordination with specialist support services to prevent and minimise the risk of committing offences of violence against women or domestic violence, or reoffending.

Amendment 268

Proposal for a directive

Article 39 – paragraph 3

Text proposed by the Commission

Amendment

3. That body shall coordinate the collection of data referred to in Article 44, and analyse and disseminate its results.

3. That body shall coordinate the collection of data referred to in Article 44, analyse and disseminate its results and make recommendations and proposals to improve indicators and information and data collection systems.

Amendment 269

Proposal for a directive

Article 39 a (new)

Text proposed by the Commission

Amendment

Article 39a

National action plans for the elimination of violence against women and domestic violence

1. By ... [two years after the date of entry into force of this Directive], Member States shall develop national action plans, in consultation with and with the participation of specialist support services and the Union coordinator, for combating gender-based violence (the ‘national action plans’).

2. The national action plans shall set out the following:

(a) priorities and actions to combat violence against women and domestic violence;

(b) targets and monitoring mechanisms for the priorities and actions referred to in point (a);

(c) the resources necessary to achieve the priorities and actions referred to in point (a) and how they are to be allocated.

3. Member States shall ensure that the national action plans are reviewed and updated every five years.

Amendment 270

Proposal for a directive

Article 40 – title

Text proposed by the Commission

Amendment

Multi-agency coordination and cooperation

Multi-agency and multi-disciplinary coordination and cooperation

Amendment 271

Proposal for a directive

Article 40 – paragraph 1

Text proposed by the Commission

Amendment

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, 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.

1. Member States shall put in place appropriate mechanisms to ensure effective, structured and regular coordination and cooperation, at the national level, among relevant authorities, agencies and bodies, including local and regional authorities, labour inspectorates, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as non-governmental organisations, in particular specialist support services, 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 272

Proposal for a directive

Article 40 – paragraph 2

Text proposed by the Commission

Amendment

2. Such mechanisms shall in particular pertain to the individual assessments under Articles 18 and 19, and the provision of protection and support measures under Article 21 and Chapter 4, the guidelines for law enforcement and judicial authorities under Article 23, and in the trainings for professionals as referred to in Article 37.

2. Such mechanisms shall relate to all areas set out in this Directive, in particular the individual assessments under Articles 18 and 19, and the provision of protection and support measures under Article 21 and Chapter 4, the guidelines for law enforcement and judicial authorities under Article 23, and in the trainings for professionals as referred to in Article 37.

Amendment 273

Proposal for a directive

Article 41 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall cooperate with and consult 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.

Member States shall create sustainable structures for the consultation of and partnership with relevant civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence and women’s civil society organisations, in particular for the purpose of providing adequate support to victims and to those who work to rehabilitate offenders, for the purpose of designing and implementing policymaking initiatives, information and awareness-raising campaigns, research and education programmes, for the purposes of training, and for the purpose of monitoring and evaluating the impact of measures to support and protect victims, including data collection.

Amendment 274

Proposal for a directive

Article 42 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall facilitate the taking of self-regulatory measures by providers of intermediary services in connection to this Directive, in particular to reinforce internal mechanisms to tackle the online material referred to in Article 25(1) and to improve the training of their employees concerned on preventing, assisting and supporting the victims of the offences referred to therein.

Member States shall facilitate the taking of self-regulatory measures by providers of intermediary services in connection with this Directive, in particular to reinforce internal mechanisms to tackle the online material referred to in Article 25(1). Member States shall facilitate technological solutions to detect, report and remove the material referred to in Article 25 and to improve the training of their employees concerned on preventing, assisting and supporting the victims of the offences referred to therein.

Amendment 275

Proposal for a directive

Article 43 – title

Text proposed by the Commission

Amendment

Union level cooperation

Union level cooperation and the Union coordinator

Amendment 276

Proposal for a directive

Article 43 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall take appropriate action to facilitate cooperation between each other to improve the implementation of this Directive. Such cooperation shall aim at least at:

1. Member States shall take appropriate action to facilitate cooperation between each other and with the Union institutions, bodies, offices and agencies to improve the implementation of this Directive. Such cooperation shall aim at least at:

Amendment 277

Proposal for a directive

Article 43 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) exchanging best practices and consulting each other in individual cases, including through Eurojust and the European Judicial Network in criminal matters;

(a) exchanging best practices in a regular and structured manner and consulting each other in individual cases, including through Eurojust and the European Judicial Network in criminal matters;

Amendment 278

Proposal for a directive

Article 43 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) exchanging information and best practices with relevant Union agencies;

(b) exchanging information and best practices with relevant Union bodies, offices and agencies, such as the Union coordinator and the European Institute for Gender Equality, and cooperating with them on the establishment of common standards and guidelines;

Amendment 279

Proposal for a directive

Article 43 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) providing assistance to Union networks working on matters directly relevant to violence against women and domestic violence.

(c) providing assistance to Union networks, umbrella organisations and Union-wide non-governmental organisations working on matters directly relevant to violence against women and domestic violence.

Amendment 280

Proposal for a directive

Article 43 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2. In order to contribute to the achievement of the tasks set out in this Directive and to combat violence against women and domestic violence, Member States shall facilitate the tasks of a Union coordinator on combating gender-based violence (the ‘Union coordinator’). The Union coordinator shall be responsible for improving coordination among, and the coherence of the actions taken by, Union institutions, bodies, offices and agencies and Member States and international actors as regards combating violence against women and domestic violence and for developing and monitoring the implementation and transposition of Union policies to address gender-based violence. In particular, Member States shall transmit to the Union coordinator the information listed in Article 39a(2) and the data provided for in Article 44. On the basis of that information and data, the Union coordinator shall contribute every two years to reporting carried out by the Commission under this Directive on the progress made in the fight against violence against women.

Amendment 281

Proposal for a directive

Article 44 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall have a system in place for the collection, development, production and dissemination of statistics on violence against women or domestic violence, including the forms of violence referred to in Articles 5 to 10.

1. Member States shall have a system in place for the regular collection, development, production and dissemination of statistics on violence against women or domestic violence, including the forms of violence referred to in Articles 5 to 10, through qualitative and quantitative data.

Amendment 282

Proposal for a directive

Article 44 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The statistics shall include the following data disaggregated by sex, age of the victim and of the offender, relationship between the victim and the offender and type of offence:

2. The statistics shall include the following comparable data disaggregated by sex or gender, age of the victim and of the offender, relationship between the victim and the offender and type of offence, whether the victim had a disability, and the context in which the offence took place:

Amendment 283

Proposal for a directive

Article 44 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) the annual number of such victims, of reported offences, of persons prosecuted for and convicted of such forms of violence, obtained from national administrative sources.

(b) the annual number of such victims, of offences reported to law enforcement, of persons prosecuted for and convicted of such forms of violence, of sentences imposed by type of offence, of dismissal or withdrawal of complaints and the reason for terminating investigations, obtained from national administrative sources;

Amendment 284

Proposal for a directive

Article 44 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

(ba) the motives, forms and impact of violence against women and domestic violence;

Amendment 285

Proposal for a directive

Article 44 – paragraph 2 – point b b (new)

Text proposed by the Commission

Amendment

(bb) the number of victims who have been killed due to violence against women or domestic violence, and whether they had previously filed a complaint;

Amendment 286

Proposal for a directive

Article 44 – paragraph 2 – point b c (new)

Text proposed by the Commission

Amendment

(bc) the number of shelter and family places per Member State;

Amendment 287

Proposal for a directive

Article 44 – paragraph 2 – point b d (new)

Text proposed by the Commission

Amendment

(bd) the availability of victim support services, and the number of victims accessing support services or awaiting such services;

Amendment 288

Proposal for a directive

Article 44 – paragraph 2 – point b e (new)

Text proposed by the Commission

Amendment

(be) the number of calls to national helplines.

Amendment 289

Proposal for a directive

Article 44 – paragraph 4

Text proposed by the Commission

Amendment

4. In order to ensure administrative data comparability across the Union, Member States shall collect administrative data on the basis of common disaggregations developed in cooperation with and according to the methodology developed by the European Institute for Gender Equality in accordance with paragraph 5. They shall transmit this data to the European Institute for Gender Equality on a yearly basis. The transmitted data shall not contain personal data.

4. In order to ensure administrative data comparability and standardisation across the Union, Member States shall collect administrative data referred to in paragraph 2 on the basis of common disaggregations developed in cooperation with and according to the methodology developed by the European Institute for Gender Equality in accordance with paragraph 5 and shall ensure that such data are available in a machine-readable format. They shall transmit this data to the European Institute for Gender Equality on a yearly basis. The European Institute for Gender Equality shall regularly publish a report based on the statistical data transmitted by the Member States. The transmitted data shall not contain personal data.

Amendment 290

Proposal for a directive

Article 44 – paragraph 6

Text proposed by the Commission

Amendment

6. The Member States shall make the collected statistics available to the public. The statistics shall not contain personal data.

6. The Member States shall make the collected statistics available to the public in an easily accessible manner. The statistics shall not contain personal data.

Amendment 291

Proposal for a directive

Article 44 – paragraph 7

Text proposed by the Commission

Amendment

7. The Member States shall support research on root causes, effects, incidences and conviction rates of the forms of violence covered by this Directive.

7. The Member States shall support research on root causes, effects, incidences and conviction rates, including intersectional discrimination, of the forms of violence covered by this Directive, using the experiences of both victims and offenders in close cooperation with relevant competent authorities and specialist support service. Such research shall enable the identification of failures in protection and serve to improve and further develop preventive measures.

Amendment 292

Proposal for a directive

Article 44 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7a. Member States shall ensure that the data referred to in paragraph 2 are collected independently from other data collection obligations under international and Union law.

Amendment 293

Proposal for a directive

Article 44 a (new)

Text proposed by the Commission

Amendment

Article 44a

Resources

Member States shall allocate sufficient, predictable and sustainable resources, including funding and human resources, to the implementation of all the actions laid down in this Directive. Funding shall be made available to state bodies and agencies and to other relevant actors such as non-governmental organisations, including women’s specialist support services, who carry out actions as laid down in this Directive.

Amendment 294

Proposal for a directive

Article 45

Directive 2011/93/EU

Article 3 – paragraph 9

Text proposed by the Commission

Amendment

9. For the purpose of paragraph 8, Member States shall ensure that a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, sleep, illness or bodily injury.

9. For the purpose of paragraph 8, Member States shall ensure that a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, including the child’s physical or mental condition such as a state of fear, intimidation, unconsciousness, intoxication, sleep, illness or bodily injury, disability or being in an otherwise particularly vulnerable situation.

Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct.

Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted by the child’s silence, verbal or physical non-resistance or past sexual conduct or existing or past relationship with the offender. Consent shall be assessed in the context of the surrounding circumstances.”

Amendment 295

Proposal for a directive

Article 47 – paragraph 1

Text proposed by the Commission

Amendment

1. By [seven years after the entry into force of this Directive] at the latest, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report on the application of this Directive.

1. By [five years after the entry into force of this Directive] at the latest, and every five years thereafter, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report on the application of this Directive.

Amendment 296

Proposal for a directive

Article 47 – paragraph 2

Text proposed by the Commission

Amendment

2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive.

2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall regularly, and in accordance with the reporting obligations of Member States under this Directive, submit to the European Parliament and the Council a report in which it reviews the application of this Directive.

Amendment 297

Proposal for a directive

Article 49 – paragraph 1

Text proposed by the Commission

Amendment

Nothing in this Directive shall be construed as lowering, limiting or derogating from any of the rights and procedural safeguards that are guaranteed under the law of any Member State which provides a higher level of protection. Member States shall not lower that higher level of protection guaranteed at the time of entry into force of this Directive.

Nothing in this Directive shall be construed as lowering, limiting or derogating from any of the rights and procedural safeguards that are guaranteed under international instruments binding on Member States and under the law of any Member State which provides a higher level of protection. Member States shall not lower that higher level of protection guaranteed at the time of entry into force of this Directive.

EXPLANATORY STATEMENT

On the 8th of March 2022, on International Women’s Day 2022, the European Commission presented a long awaited proposal for a Directive on combating violence against women and domestic violence (2022/0066 (COD). The proposal is based on Articles 82(2) and 83(1) TFEU and aims to effectively combat violence against women and domestic violence throughout the EU.

The directive was a very welcome response to a long-standing call from the European Parliament. The Parliament has adopted resolutions dating back to 2009 calling for a directive on preventing and combating all forms of violence against women and girls within the Union. As yet, the EU has no binding instrument designed specifically to protect women and girls from violence. Violence against women and girls is a widespread phenomenon in the EU, with one in three women having experienced physical or sexual violence. Around 50 women lose their lives to domestic violence every week, 75% of women within a professional setting have experienced sexual harassment and it is estimated that 1 in 2 young women have experienced gender-based cyber violence. The Commission´s assessment on the criminalisation of gender-based violence against women in European States, including ICT-facilitated violence, indeed concludes that gender-based violence against women needs to be urgently tackled at the European level. These hideous crimes can no longer continue in our Union.

Gender-based violence breaches human rights and is an extreme form of gender-based structural discrimination. It can take many forms, including psychological-, physical-, sexual-, economic-, digital violence, harassment and more. Recent years have seen the emergence of gender-based cyber violence, which potentially have been exacerbated by the coronavirus pandemic as even more of people's social lives have shifted online. However, all kinds of gender-based violence have exacerbated due to women and girls being forced to stay home with the perpetrators during the Covid-19 lockdown. Millions of women in the Union are living in a constant fear for when the next hit will come. We must stop this.

The co-Rapporteurs welcome the Commission´s historical proposal to finally address violence against women and domestic violence in a comprehensive way at a common European level. However, the co-Rapporteurs believe that the proposal must be further strengthened to ensure that it can properly respond to women´s and girls´ needs and to make Europe a safer place. They have therefore presented a number of proposals.

Firstly, the co-Rapporteurs emphasize that crime prevention is crucial and key to eliminate the risk of these crimes occuring, although the EU treaties offer only limited possibilities to act in this area. The co-Rapporteurs nevertheless want to highlight the importance of awareness-raising from an early age as men’s violence against women often starts with boy’s violence against girls. The awareness- raising must also include conversations about harmful gender stereotypes and comprehensive and age-appropriate sexual education. Furthermore, relevant professionals, for example in law enforcement, the judiciary, or health care professionals and educational staff, should receive training and information to understand the specific features of gender-based crimes, and also learn how to identify potential cases and how to act appropriately when cases occur. Moreover, coordination and cooperation between relevant actors must also increase at central, regional and local levels, especially when related to reporting crimes of violence against women and domestic violence.

Secondly, when the crimes occur, the legal processes must be based on women’s needs and should not lead to an additional assault. Irrelevant private questions to the victim shall never be allowed in the courtroom, there must be a clear improvement of knowledge within the judicial system regarding the specific features of these crimes and the woman must always be taken seriously from the first time she reports a crime.

Thirdly, the Union can no longer accept that only a fraction of all crimes reported lead to final conviction. The long-lasting and widespread impunity for perpetrators of violence against women and domestic violence must end. The co-Rapporteurs therefore propose strengthened measures to ensure the victims’ security during the process by stressing the need to use barring, restraining and protection orders as well as arrest and detention as a way to keep women safe and to secure the evidence, thereby preventing the perpetrator to pursue the woman to withdraw her story and guarantee the woman the protection she is legally entitled to. Member States’ authorities must also direct more efforts to secure the evidence, online as well as offline, from the earliest possible moment and electronic monitoring, such as ankle bracelets, should be used to make sure that barring, restraining and protection orders are respected, and can be followed up upon.

Fourthly, regarding the material provisions on the crimes included in the proposal, the co-Rapporteurs suggest to expand the definition of rape to include not only penetration, but also any other non-consensual act of a sexual nature that in view of the gravity of the act is comparable to penetration, as these acts will be equally harmful for the victim. The co-Rapporteurs also wish to expand the definition of consent, highlighting that all surrounding circumstances must be taken into account when making the assessment and include situations where a woman cannot be regarded as having a free and genuine choice, or is unable to refuse or withdraw consent without detriment, due to a state fear, intimidation, unconsciousness, intoxication sleep, illness, bodily injury, disability or in an otherwise particularly vulnerable situation. A specific article dedicated to negligent rape linked to the absence of consent is also put forward by the co-Rapporteurs, thereby including situations where the perpetrator was grossly negligent regarding the absence of consent.

The co-Rapporteurs also add forced sterilisation as a new offence as this is a harmful and exploitative practice that is performed for the purpose of preserving and asserting domination over women and girls and exerting social control over girls and women’s sexuality. The co-Rapporteurs also add the crimes sexual exploitation through prostitution of others and purchase of sexual acts, as these offences clearly exploit women in already vulnerable situations, they are a gross violation of a person's right to bodily integrity and implies that both a person and their consent to sexual activity can be purchased for a given sum. For the same reason, the term ‘sex worker’ in the proposal should be replaced with the internationally agreed term ‘women in prostitution’, as an activity exploiting a person cannot and must not be recognised as ‘work’ by the EU.

To stop the ongoing harassment against women online and to protect women from the surge of cyber violence and harassment against them, the co-Rapporteurs suggest to expand the proposal’s scope of cybercrimes, in order to cover more situations. Furthermore, as cyber violence particularly targets and impacts public figures such as female politicians, journalists and human rights defenders, the list of aggravating circumstances should cover situations where the offence was committed against a public representative, a journalist or a human rights defender, as these attacks are a clear threat to democracy within the Union. Regarding the list of aggravating circumstances, violence against women where the intention of the crime was to preserve or restore the so called “honour “ of a person, family or community should also be viewed as an aggravating circumstance and these crimes clearly needs an increased attention within the Union to combat.

Lastly, the co-Rapporteurs wants to highlight the importance of always recognizing children who have witnessed violence against women and domestic violence as victims and suggest specific improvements in order to ensure that the best interest of the child is given due weight. This includes ensuring children’s rights at shelters and requiring Member States to ensure that the child’s best interest takes precedence over rights of access of the offender.

27.6.2023

OPINION OF THE COMMITTEE ON LEGAL AFFAIRS ON THE LEGAL BASIS

Mr Juan Fernando LÓPEZ AGUILAR,

Chair

Committee on Civil Liberties, Justice and Home Affairs

BRUSSELS

Mr Robert BIEDROŃ

Chair

Committee on Women’s Rights and Gender Equality

BRUSSELS

Subject: Opinion on the legal basis of the proposal for a Directive combating violence against women and domestic violence (COM(2022)0105 – C90058/2022 – 2022/0066(COD))

Dear Mr Chairs,

By letter of 3 May 2023, the Chair of the Committee on Civil Liberties, Justice and Home Affair (LIBE) and the Chair of the Committee on Women’s Rights and Gender Equality (FEMM) requested the Committee on Legal Affairs (JURI), pursuant to Rule 40(2) of the Rules of Procedure, to provide an opinion on the appropriateness of adding Article 83(2) of the Treaty on the Functioning of the European Union (TFEU) as legal basis for the proposal for a Directive on combating violence against women and domestic violence (2022/0066(COD)) (hereinafter “the proposed Directive”).

JURI Committee considered the above question at its meeting of 27 June 2023.

I - Background

The LIBE and FEMM Committees are working jointly under Rule 58 of the Rules of Procedure on the proposed Directive.

The Commission proposal was based on Article 82(2) and Article 83(1) TFEU.

The co-Rapporteurs have proposed to add Article 83(2) TFEU as an additional legal basis of the proposed Directive, in relation to a new provision on offences concerning sexual harassment in the world of work, which they would like to add in the proposed Directive. The shadow rapporteurs as well as the coordinators of both FEMM and LIBE Committees agreed to request the opinion of JURI Committee on the appropriateness of the proposed new legal basis, pursuant to Rule 40 of the Rules of Procedure.

II - The relevant Treaty Articles

Chapter 4 (“Judicial cooperation in criminal matters”) of Title V of Part Three TFEU reads, inter alia (emphasis added):

Article 82

(ex Article 31 TEU)

1. Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions and shall include the approximation of the laws and regulations of the Member States in the areas referred to in paragraph 2 and in Article 83.

The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures to:

(a) lay down rules and procedures for ensuring recognition throughout the Union of all forms of judgments and judicial decisions;

(b) prevent and settle conflicts of jurisdiction between Member States;

(d) facilitate cooperation between judicial or equivalent authorities of the Member States in relation to proceedings in criminal matters and the enforcement of decisions.

2. To the extent necessary to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having a cross-border dimension, the European Parliament and the Council may, by means of directives adopted in accordance with the ordinary legislative procedure, establish minimum rules. Such rules shall take into account the differences between the legal traditions and systems of the Member States.

They shall concern:

(a) mutual admissibility of evidence between Member States;

(b) the rights of individuals in criminal procedure;

(d) any other specific aspects of criminal procedure which the Council has identified in advance by a decision; for the adoption of such a decision, the Council shall act unanimously after obtaining the consent of the European Parliament.

Adoption of the minimum rules referred to in this paragraph shall not prevent Member States from maintaining or introducing a higher level of protection for individuals.

3. Where a member of the Council considers that a draft directive as referred to in paragraph 2 would affect fundamental aspects of its criminal justice system, it may request that the draft directive be referred to the European Council. In that case, the ordinary legislative procedure shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council, which shall terminate the suspension of the ordinary legislative procedure.

Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft directive concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 20(2) of the Treaty on European Union and Article 329(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply.

Article 83

(ex Article 31 TEU)

1. The European Parliament and the Council may, by means of directives adopted in accordance with the ordinary legislative procedure, establish minimum rules concerning the definition of criminal offences and sanctions in the areas of particularly serious crime with a cross-border dimension resulting from the nature or impact of such offences or from a special need to combat them on a common basis.

These areas of crime are the following: terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime.

On the basis of developments in crime, the Council may adopt a decision identifying other areas of crime that meet the criteria specified in this paragraph. It shall act unanimously after obtaining the consent of the European Parliament.

2. If the approximation of criminal laws and regulations of the Member States proves essential to ensure the effective implementation of a Union policy in an area which has been subject to harmonisation measures, directives may establish minimum rules with regard to the definition of criminal offences and sanctions in the area concerned. Such directives shall be adopted by the same ordinary or special legislative procedure as was followed for the adoption of the harmonisation measures in question, without prejudice to Article 76.

3. Where a member of the Council considers that a draft directive as referred to in paragraph 1 or 2 would affect fundamental aspects of its criminal justice system, it may request that the draft directive be referred to the European Council. In that case, the ordinary legislative procedure shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council, which shall terminate the suspension of the ordinary legislative procedure.

III – CJEU case law on the choice of legal basis

The Court of Justice has traditionally viewed the question of the appropriate legal basis as an issue of constitutional significance, guaranteeing compliance with the principle of conferred powers (Article 5 of the Treaty on European Union) and determining the nature and scope of the Union’s competence.

According to well-established case law, the legal basis of a Union act does not depend on an institution's conviction as to the objective pursued, but must be determined according to objective criteria amenable to judicial review, including in particular the aim and the content of the measure.

If examination of a measure reveals that it pursues a twofold purpose or that it has a twofold component and if one of those is identifiable as the main or predominant purpose or component, whereas the other is merely incidental, that measure must be based on a single legal basis, namely that required by the main or predominant purpose or component. Only exceptionally, if it is established that the act simultaneously pursues a number of objectives, inextricably linked, without one being secondary and indirect in relation to the other, may such an act be founded on the various corresponding legal bases. This would however only be possible if the procedures laid down for the respective legal bases are not incompatible with and do not undermine the right of the European Parliament.

IV – Aim and content of the proposed Regulation

The proposed Directive aims to effectively combat violence against women and domestic violence throughout the Union. It addresses different areas: the criminalisation of and sanctions for relevant offences; protection of victims and access to justice; victim support; prevention; coordination and cooperation.

The proposed Directive uses three different means to achieve its mission: (1) it makes the current Union legal instruments relevant to combating violence against women and domestic violence more effective; (2) it creates upwards convergence and fills gaps in protection, access to justice, support, prevention and coordination and cooperation; and (3) it aligns Union law with established international standards. Additionally, the proposal takes into account the recent phenomena of cyber violence against women.

Currently, no specific piece of Union legislation comprehensively addresses violence against women and domestic violence, the proposed Directive would be the first such act. The proposed targeted measures on criminal offence and victims’ rights lay down minimum rules that would enable the Member States to set higher standards and leave flexibility for the Member States to take into account country-specific situations. In particular, the proposed Directive foresees, inter alia, to criminalise certain forms of violence that disproportionately affect women and that are not sufficiently addressed at national level and fall within the Union’s remit, based on existing legal bases.

Against this background of the original proposal, the LIBE and FEMM Committees are proposing to insert a new Article 6d which would specifically criminalise sexual harassment at work: “Member States shall ensure that intentionally engaging at work or in the context of access to employment, self-employment, vocational training or promotion, in serious unwanted conduct of a sexual nature, with the purpose or effect of violating the dignity of another person, is punishable as a criminal offence.”

This seems to be inspired by the so-called “gender equality directives” (Directive 2004/113/EC and Directive 2006/54/EC). Those directives define sexual harassment in similar terms that the one proposed by LIBE and FEMM Committees and prohibit it as discrimination.

The Commission did not propose criminalising sexual harassment at work, deeming, in Recital 4, that the proposed “Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive [...] and criminal conduct covered by other Union instruments [...]. Lastly certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as [...] sexual harassment [...]”. In point 2 of the explanatory memorandum to the proposed Directive, under “Legal basis”, it explains the choice of Article 83(1) TFEU as legal basis as follows: “The term ‘sexual exploitation’ in Article 83(1) TFEU can be understood as any actual or attempted abuse of a position of vulnerability, differential power or trust, including, but not limited to, profiting monetarily, socially or politically from a sexual act with another person. The exploitative element can refer to the achievement of power or domination over another person for the purpose of sexual gratification, financial gain and/or advancement.”

V – Analysis

The question, in essence, is whether the addition of new Article 6d requires an additional legal basis to the proposed Directive or whether it is not (i) already covered by Article 83(1) TFEU, and (ii) whether it is not merely incidental.

The scopes of the two legal bases in paragraphs 1 and 2 of Article 83 TFEU obviously differ. Paragraph 1 serves as the basis for criminal law measures in the areas expressly listed in its second subparagraph which contain, inter alia, sexual exploitation of women.

Article 83(2), on the other hand, enables criminalisation and sanctioning of other types of offences in order to ensure an efficient implementation of harmonised Union policies, also through criminal law.

Consequently, Article 83(1) TFEU seems to be the appropriate legal basis for criminal law measures that concern offences falling within its explicit scope. With regard to those measures, it is therefore not necessary to verify that the conditions laid down in Article 83(2) are fulfilled.

Sexual harassment in the world of work taken up in the suggested Article 6d, read in conjunction with the definition in Article 4, point (g), of the proposed Directive, is “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”. In order for the conduct to be punishable, it must be of sexual nature.

It follows from this that the conduct as proposed in Article 6d by the LIBE and FEMM Committees fits the definition of sexual exploitation in the Commission proposal, that is “any actual or attempted abuse of a position of vulnerability, differential power or trust, including, but not limited to, profiting monetarily, socially or politically from a sexual act with another person”.

The conduct in Article 6b would thus fall under the scope of Article 83(1) TFEU, one of the legal basis already chosen by the Commission for the proposed Directive.

It follows from the above that Article 83(2) TFEU should not be added as legal basis and that the examination of the second question, whether the component is merely incidental in relation to the main and predominant purpose, does not appear to be necessary.

VI – Conclusion and recommendation

At its meeting of 27 June 2023 the Committee on Legal Affairs accordingly decided, by 14 votes in favour, 4 against and no abstentions, to recommend to the Committee on Civil Liberties, Justice and Home Affair and the Committee on Women’s Rights and Gender Equality not to add Article 83(2) TFEU as a legal basis for the proposed Directive.

Yours sincerely,

Adrián Vázquez Lázara

OPINION OF THE COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS

for the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality

on the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence

(COM(2022)0105 – C90058/2022 – 2022/0066(COD))

Rapporteur for opinion (*): Rosa Estaràs Ferragut

(*) Associated committee – Rule 57 of the Rules of Procedure

AMENDMENTS

The Committee on Employment and Social Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality, as the committees responsible, to take into account the following amendments:

Amendment 1

Proposal for a directive

Title 1

Text proposed by the Commission

Amendment

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on combating violence against women and domestic violence

on combating gender-based violence and domestic violence

Amendment 2

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1) The purpose of this Directive is to provide a comprehensive framework to effectively combat gender-based violence and domestic violence throughout the Union. It does so by strengthening and introducing measures in the following areas: the definition of relevant criminal offences and penalties, the protection of victims and access to justice, victim support, prevention, coordination and cooperation.

Amendment 3

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

Amendment

(1a) Member States should ratify, without delay, the Convention of the International Labour Organization (ILO) of 21 June 2019 on Eliminating Violence and Harassment in the World of Work (No 190) and the ILO´s Recommendation on Violence and Harassment of 21 June 2019 (No 206) and put in place the necessary law and policy measures to prohibit, prevent and tackle violence and harassment in the labour market.

Amendment 4

Proposal for a directive

Recital 1 b (new)

Text proposed by the Commission

Amendment

(1b) Member States should contribute to combating gender-based cyber violence and online hate speech at the workplace.

Amendment 5

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2) Equality between women and men and non-discrimination are core values of the Union and fundamental rights enshrined, respectively, in Article 2 of the Treaty on European Union and in Articles 21 and 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Gender-based violence and domestic violence endanger these very principles, undermining rights to equality in all areas of life.

Amendment 6

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3) Gender-based violence and domestic violence violate fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protection, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union.

Amendment 7

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4) This Directive should apply to criminal conduct which amounts to gender-based violence or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, forced sterilisation, the non-consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of gender-based violence. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or partners.

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36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11.

37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1–14.

Amendment 8

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5) The measures under this Directive have been designed to address, inter alia, the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely gender-based violence and domestic violence. This Directive, however, acknowledges that persons other than women 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 9

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) Due to their vulnerability, children who witness gender-based violence or domestic violence suffer a direct emotional harm, which impacts their development. Therefore, such children should be considered victims and benefit from targeted protection measures.

Amendment 10

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7) Gender-based violence is a persisting manifestation, inter alia, of structural discrimination against women, in all their diversity, resulting from misogyny and historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.

Amendment 11

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) Domestic violence is a serious social problem which often remains hidden as a result of societal stigmatisation. 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 victim, whom the victim 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 12

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(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. 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.

(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 gender-based violence and domestic violence in a targeted manner and caters to the specific needs of victims of such violence in an inter-sectional and gender-sensitive manner. The existing provisions at Union and national levels have proven to be insufficient to effectively combat and prevent gender-based violence 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 gender-based violence and domestic violence, it is not set out to address their specific needs.

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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 13

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(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 the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Violence and Harassment Convention, 2019 (No 190), the International Labour Organization’s Discrimination (Employment and Occupation) Convention, 1958 (No 111) and the International Labour Organization’s Domestic Workers Convention, 2012 (No 189).

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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 14

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) Gender-based violence and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, sexual orientation, gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) persons, persons with disabilities and persons with a minority racial or ethnic background are at a heightened risk of experiencing gender-based violence and domestic violence. Acts of gender-based violence which seek to punish victims for their sexual orientation, gender expression, gender identity or sex characteristics such as so-called corrective rape, should, inter alia, be given particular attention.

Amendment 15

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) Victims of gender-based violence and domestic violence are at an increased risk of intimidation, retaliation, secondary and repeat victimisation. Particular attention should thus be paid to those risks and to the need to protect the dignity and physical and mental integrity of such victims. Encounters with specialised support services should ensure that victims are treated in a humane way and should avoid re-traumatisation.

Amendment 16

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(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.

Amendment 17

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission

Amendment

(16a) Forced and coerced sterilisation is a harmful and exploitative practice that removes the capacity of sexual reproduction of the victims and that is performed for the purpose of exerting social control over the victims. It is rooted in eugenicist assumptions about the value of the lives of the persons at stake and stereotypes concerning their capacity to be parents. Women and girls of ethnic and racial minority backgrounds, in particular Roma, women and girls from poor socio-economic backgrounds and women and girls with disabilities, especially those with intellectual and psychosocial disabilities as well as those living in institutions, are particularly at risk of such practices. To combat such widespread and ongoing practices in the Union, which perpetuate discrimination, stereotypes, violence and control over another person’s body, forced sterilisation should be specifically and adequately addressed in criminal law.

Amendment 18

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(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 politicians, journalists and human rights defenders. 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 and to their mental health, which may, in extreme cases, lead to suicide.

(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and has an impact on women in the world of work and in public life, particularly female politicians, journalists, human rights defenders, and persons who are part of marginalised communities. It can have the effect of silencing women and hindering their societal and professional 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 prospects and to their mental health, which may, in extreme cases, lead to suicide. The increased use of information and communication technologies at work has led to increased cyber violence against women requiring particular attention on preventative and protective measures in the context of work1a. Women and girls who are exposed to discrimination and violence on the basis of a combination of their sex and other grounds are disproportionately affected by cyber violence, including cyber harassment and cyber incitement to violence or hatred.

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1a EESC opinion on ‘Teleworking and gender equality”, (2021/C 220/02) https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52020AE5159&rid=4 ; ILO Violence and harassment at work https://www.ilo.org/global/docs/WCMS_839676/lang--en/index.htm

Amendment 19

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(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 other end-users, by means of information and communication technologies, can be extremely 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 other 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, including by means of artificial intelligence, of material that makes it appear as though another person is engaged in sexual activities, insofar as the material is subsequently made accessible to other 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 20

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(20) Cyber stalking is a modern form of violence which is often perpetrated against family members or persons living in the same household, but also perpetrated by ex-partners or acquaintances. Typically, technology is misused by the offender to proceed to intensify coercive and controlling behaviour, manipulation and surveillance, thereby increasing the victim’s fear, anxiety and gradual isolation from friends, family and work. Therefore, minimum rules on cyber stalking should be established. The offence of cyber stalking should cover the continuous surveillance of the victim without their consent or legal authorisation by means of information and communication technologies. This might be enabled by processing the victim’s personal data, such as through identity theft or the spying out of such data on their various social media or messaging platforms, their emails and phone, stealing passwords or hacking their devices to access their private spaces, via the installation of geo-localisation apps, including stalkerware, or via stealing their devices. Furthermore, stalking should cover the monitoring of victims, without that person’s consent or authorisation, via technology devices connected through the Internet of Things, such as smart home appliances.

Amendment 21

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(21) Minimum rules concerning the offence of cyber harassment should be laid down to counter initiating an attack with third parties or participating in such an attack directed at another person, by making threatening or insulting material accessible to other end-users. Such broad attacks, including coordinated online mob attacks, may morph into offline assault or cause significant psychological injury and in extreme cases lead to suicide of the victim. They often target prominent (female) politicians, journalists or otherwise well-known persons, but they can also occur in different contexts, for instance on campuses or in schools. Such online violence should be addressed especially where the attacks occur on a wide-scale, for example in the form of pile-on harassment by a significant amount of people.

Amendment 22

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. Often, perpetrators of such incitement online are public figures who, due to a presumed impunity, have the effect of legitimising and emboldening acts of violence offline. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. Children and young people can also be the target of such incitement (cyber violence), on the basis of personal characteristics such as disability, racial or ethnic origin, sexual orientation, gender identity, gender expression, sex characteristics or other grounds which, if left unaddressed, may cause social exclusion, anxiety, an inducement to self-harm and, in extreme situations, suicide ideation, suicide attempts or actual suicide. It is essential that such incitement to violence or cyber violence is intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted persons, but the biased motivation can be inferred from the overall content or context of the incitement.

Amendment 23

Proposal for a directive

Recital 24

Text proposed by the Commission

Amendment

(24) Victims should be able to report crimes of gender-based violence or domestic violence easily without being subject to secondary or repeat victimisation. To this end, Member States should provide the possibility to submit complaints online or through other information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour. Complaint mechanisms should be accessible to victims without digital skills, victims living in remote or rural areas with a difficult access to digital tools and internet as well as to persons with disabilities.

Amendment 24

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(25) In the case of domestic violence and gender-based violence, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or gender-based violence affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that they are not held liable for breach of confidentiality.

Amendment 25

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established. This can include questioning by competent authorities in simple and accessible language and in a carefully selected environment. Member States should ensure sufficient training of professionals coming in contact with child victims or potential child victims.

Amendment 26

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

(27) Delays in processing complaints of gender-based violence and domestic violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or spouses. Such delays put victims at risk of physical, sexual, psychological or economic harm or suffering. Therefore, the competent authorities should have the sufficient expertise and effective investigative tools to investigate and prosecute such crimes. Victims should have the right to be free from undue consequences, such as termination of contract, when taking leave as a consequence of gender-based violence and sexual harassment.

Amendment 27

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28) Victims of domestic violence and gender-based violence are typically in need of immediate protection or specific support, for example in the case of intimate partner violence, where the rate of recidivism tends to be high. Therefore, an individual assessment to identify the victim’s protection needs should be conducted upon the very first contact of competent authorities with the victim or as soon as suspicion arises that the person is a victim of gender-based violence or domestic violence. This can be done before a victim has formally reported an offence or proactively if a third party reports the offence.

Amendment 28

Proposal for a directive

Recital 29

Text proposed by the Commission

Amendment

(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, specific needs and vulnerabilities of the victim. Such circumstances requiring special attention could include the victim’s pregnancy, the recent birth of a child or the victim’s living situation with, dependence on, or relationship to, the offender.

Amendment 29

Proposal for a directive

Recital 32

Text proposed by the Commission

Amendment

(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 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.

(32) Victims of gender-based violenceand 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), point (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.

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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 30

Proposal for a directive

Recital 33

Text proposed by the Commission

Amendment

(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. Member States should ensure that the length and enforcement of the protection orders is sufficient and effective, taking into account the time required to access administrative or judicial procedures in order to report a criminal offence or seek long-term protection.

Amendment 31

Proposal for a directive

Recital 38

Text proposed by the Commission

Amendment

(38) Given the complexities and gravity of offences of violence against women and domestic violence and specific support needs of victims, Member States should ensure additional support and prevention of such offences is provided by designated bodies. Given their expertise in matters of discrimination on grounds of sex, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43 and 2010/41/EU44 of the European Parliament and of the Council, are well placed to fulfil these tasks. Such bodies should in addition have legal standing to act on behalf or in support of victims of all forms of violence against women or domestic violence in judicial proceedings, including for the application for compensation and removal of online illegal content, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodies to effectively carry out their tasks, Member States should ensure that they are provided with sufficient human and financial resources.

(38) Given the complexities and gravity of offences of gender-based violence and domestic violence and specific support needs of victims, Member States should ensure additional support and prevention of such offences is provided by designated bodies. Given their expertise in matters of discrimination on grounds of sex or gender, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43 and 2010/41/EU44 of the European Parliament and of the Council, are well placed to fulfil these tasks. Such bodies should in addition have legal standing to act on behalf or in support of victims of all forms of gender-based violence or domestic violence in judicial proceedings, including for the application for compensation and removal of online illegal content, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodies to effectively carry out their tasks, Member States should ensure that they are provided with sufficient human and financial resources.

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42 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 37).

43 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23).

44 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the applicationof the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1).

Amendment 32

Proposal for a directive

Recital 39

Text proposed by the Commission

Amendment

(39) Certain offences covered by this Directive involve the increased risk of repeated, prolonged or even continuous victimisation. That risk occurs especially in relation to offences involving the making accessible to other end-users, through information and communication technologies, of material, resulting from certain offences of cyber violence, considering the ease and speed with which such material can be distributed on a large scale and the difficulties that often exist when it comes to removing such material. That risk typically remains even after a conviction. Therefore, in order to effectively safeguard the rights of the victims of those offences, Member States should be required to take suitable measures aimed at the removal of the material in question. Considering that removal at the source may not always be feasible, for instance because of legal or practical difficulties relating to the execution or enforcement of an order to remove, Member States should also be allowed to provide for measures to disable access to such material.

Amendment 33

Proposal for a directive

Recital 44

Text proposed by the Commission

Amendment

(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 the fact that victims of domestic violence or cyber incitement to violence or hatred 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 34

Proposal for a directive

Recital 45

Text proposed by the Commission

Amendment

(45) Assistance and support to victims of gender-based violence and domestic violence should be provided before, during and for an appropriate period after the criminal proceedings have ended, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk in particular due to the statements made by the victim in those proceedings.

Amendment 35

Proposal for a directive

Recital 46

Text proposed by the Commission

Amendment

(46) Specialised support services should provide support to victims of all forms of gender-based violence and domestic violence, including sexual violence, female genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment, and of various forms of cyber violence.

Amendment 36

Proposal for a directive

Recital 47

Text proposed by the Commission

Amendment

(47) Specialist support should offer victims, as well as their dependants, support tailored to their specific needs, and irrespective of any official complaint. Such services could be provided in addition to, or as an integrated part of, general victim support services, which may call on existing entities providing specialist support. Specialist support may be provided by national authorities, victims’ support organisations, or other non-governmental organisations. They should include but not be limited to women’s support services, women’s shelters, helplines, rape crisis or sexual violence referral centres, as well as primary prevention services. Specialist support services should be granted sufficient human and financial resources and, where the services are provided by non-governmental organisations, Member States should ensure that they receive appropriate funds.

Amendment 37

Proposal for a directive

Recital 48

Text proposed by the Commission

Amendment

(48) Victims of domestic violence and gender-based violence typically have multiple protection and support needs. In order to address these effectively, Member States should provide such services at the same premises, or have such services coordinated through a central contact point. To ensure also victims in remote areas or unable to physically reach such centres are reached, Member States should provide for online access to such services. This should entail setting up a single and updated website where all relevant information on and access to available support and protection services is provided (one-stop online access). The website should follow accessibility requirements for persons with disabilities.

Amendment 38

Proposal for a directive

Recital 49

Text proposed by the Commission

Amendment

(49) Specialist support services, including shelters and rape crisis centres, should be considered essential during crises and states of emergency, including during health crises. Those services should continue to be offered in these situations, where instances of domestic violence and gender-based violence tend to surge.

Amendment 39

Proposal for a directive

Recital 50

Text proposed by the Commission

Amendment

(50) The traumatic nature of sexual violence, including rape, requires a particularly gender-sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.

Amendment 40

Proposal for a directive

Recital 50 a (new)

Text proposed by the Commission

Amendment

(50a) Violence and harassment in the world of work is unacceptable and incompatible with decent work. It affects persons’ 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 41

Proposal for a directive

Recital 51

Text proposed by the Commission

Amendment

(51) Harassment in the world of work is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. ILO Convention No 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 Article 3 of the Convention, the Convention applies to the workplace, including the places where the worker is paid, takes a break, or uses sanitary, facilities, during work-related trips, , engages in work-related communication, when commuting to and from work or staying in accommodation provided by employer. The Convention thus recognises the fact that violence in the course of employment can take place away from the traditional place of work, and can relate to the spill-over of domestic violence at work.

Amendment 42

Proposal for a directive

Recital 51 a (new)

Text proposed by the Commission

Amendment

(51a) Given that gender-based violence and harassment, in particular harassment in the world of work, have significant negative consequences for everyone in the world of work, with an impact, in particular, on the labour market participation of women, workplace relations, increased absenteeism, long-term sick leave and productivity, and consequently loss of income or future opportunities, advice should be provided by external, specialised counselling services to both workers and employers on adequately preventing and addressing such instances in the world of work, including through social dialogue, and on legal remedies available to the victims, including on options and remedies for employers to remove the offender from the workplace and to provide the possibility of early conciliation, if the victim so wishes. Such support should be specialised, gender-sensitive, free of charge and confidential. The social partners play a critical role in preventing, identifying and tackling gender-based violence in the world of work, as well as providing support to victims. In order to protect workers and to address fear of victimisation in case of violence arising at the workplace, they should be able to be represented by a trade union or another workers’ representative.

Amendment 43

Proposal for a directive

Recital 51 b (new)

Text proposed by the Commission

Amendment

(51b) Women active in public life such as politicians, journalists, human rights defenders and those active in civil society and in other areas of public life are often victims of targeted violence and harassment, which risks silencing them and hindering their societal participation, consequently undermining the principle of democracy1a. Female members of parliament active in the fight against gender inequality and gender-based violence are often singled out for attack.

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1a See, for instance, a study commissioned by the Inter-Parliamentary Union: http://www.assembly.coe.int/LifeRay/EGA/WomenFFViolence/2018/20181016-WomenParliamentIssues-EN.pdf

Amendment 44

Proposal for a directive

Recital 51 c (new)

Text proposed by the Commission

Amendment

(51c) In addition to the severe consequences and trauma for victims personally, domestic violence can also affect employment, productivity, and health and safety. As part of other measures, the social partners play a key role and help to recognise, respond to and address the effects of gender-based violence and harassment in the world of work. In order to support victims through difficult transitions and help them to remain the workforce, thereby safeguarding their economic resources and financial independence, Member States should provide workers with the right to paid leave of appropriate duration.

Amendment 45

Proposal for a directive

Recital 51 d (new)

Text proposed by the Commission

Amendment

(51d) 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. The duration and other aspects such flexible working arrangements should be determined by the Member States.

Amendment 46

Proposal for a directive

Recital 51 e (new)

Text proposed by the Commission

Amendment

(51e) Workers who are victims of violence should be able to find support and legal advice at the workplace, with due consideration of the employer’s size. While domestic abuse can affect daily work or safety at work and lead to violence, harassment, stalking and assault in the workplace, work can also be a preventive and protective factor in the lives of victims, by providing protection from the violence and abuse, and a safe place to seek help. Workplaces may be key in raising awareness on gender-based violence, in identifying it and in supporting victims.

Amendment 47

Proposal for a directive

Recital 51 f (new)

Text proposed by the Commission

Amendment

(51f) Member States should ensure that employers, in consultation with workers’ representatives, in particular trade unions, and commensurate with their remit, take appropriate measures to prevent and address instances of violence and harassment in the world of work, including cyber violence, and to identify and provide adequate support to victims of violence. Victims should have access to legal remedies, information and a right to receive support from worker representatives, including trade unions, if requested.

Amendment 48

Proposal for a directive

Recital 51 g (new)

Text proposed by the Commission

Amendment

(51g) The social partners can play a key role in addressing harassment in the world of work as well as domestic violence, through relevant measures. With the increasing availability of home-based telework, the site of domestic violence can in fact be the workplace of the victim. Employers and trade unions can also contribute to the identification of 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 on workplace policies that give support to victims of domestic violence, enabling them to continue working safely.

Amendment 49

Proposal for a directive

Recital 51 h (new)

Text proposed by the Commission

Amendment

(51h) Member States should ensure that the social partners are able to bargain collectively on workplace measures to prevent and address harassment and cyber violence in the world of work, and to identify and support victims of domestic violence. Member States should take measures to promote collective bargaining on workplace practices concerning prevention and addressing instances of harassment, cyber violence and domestic violence, including through awareness-raising campaigns and training of employers and workers, workers’ representatives including trade unions and workplace health and safety representatives.

Amendment 50

Proposal for a directive

Recital 51 i (new)

Text proposed by the Commission

Amendment

(51i) Member States should improve the functioning of labour inspectorates with necessary funds, resources, staff and training to ensure effective, proportionate and non-discriminatory controls and field inspections, including routine and unannounced visits, in order to detect cases of gender-based violence, sexual harassment and cyber violence in the world of at work and strengthen the protection of workers. Member States should also ensure that organisations representing workers, in particular trade unions, have access to the workplace and, with the agreement of workers, to workers´ data.

Amendment 51

Proposal for a directive

Recital 52

Text proposed by the Commission

Amendment

(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, should include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police.

Amendment 52

Proposal for a directive

Recital 53

Text proposed by the Commission

Amendment

Amendment 53

Proposal for a directive

Recital 56

Text proposed by the Commission

Amendment

(56) Victims with specific needs and groups at risk of gender-based violence or domestic violence, such as persons with disabilities, persons with dependant residence status or permit, undocumented migrants, applicants for international protection, persons fleeing armed conflict, persons affected by homelessness, with a minority racial or ethnic background, LGBTIQ+ people, expectant and new mothers, persons living in rural areas, persons living in institutions, sex workers, detainees, older persons, children, victims of so-called "honour crimes" , should receive specific protection and support.

Amendment 54

Proposal for a directive

Recital 57

Text proposed by the Commission

Amendment

(57) Women and girls with disabilities, including victims of forced sterilisation, disproportionately experience all forms of gender-based violence and domestic violence both within and outside their home. Due to a lack of accessible protection and support measures, victims with disabilities often have difficulties in advocating for themselves, being heard and believed and accessing such protection and support measures. The process for reporting violence is often inaccessible because of inadequate policies and standards, negative attitudes, physical barriers, scarce information and communication, a lack of service provision, inadequate funding and a failure to involve victims with disabilities in decisions that directly affect their lives. Therefore, Member States should adapt their support services accordingly, provide relevant actors with adequate training and ensure that victims with disabilities can benefit fully from the rights set out in this Directive, on an equal basis with others, while paying due attention to the particular vulnerability of such victims and their likely difficulties in being able to reach out for, or receive, help.

Amendment 55

Proposal for a directive

Recital 58

Text proposed by the Commission

Amendment

(58) Member States should ensure that preventive measures, such as awareness-raising campaigns, are taken to counter gender-based violence. Special awareness should be paid to awareness-raising campaigns for women experiencing discrimination and violence on the basis of the combination of their sex and other grounds, and for victims at an increased risk of domestic violence and the 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 and inclusive sexuality education and socio-emotional competencies, empathy and developing healthy and respectful relationships with a particular focus on addressing boys and young men.

Amendment 56

Proposal for a directive

Recital 59

Text proposed by the Commission

Amendment

(59) Member States should take measures to prevent the cultivation of, and dismantle existing, harmful gender stereotypes in order to eradicate the idea of the inferiority of women or stereotyped roles of women and men. This could also include measures aimed at ensuring that culture, custom, religion, tradition or honour can never be perceived or used as a justification for, or a more lenient treatment of, offences of gender-based violence or domestic violence. Considering that from a very young age onwards, children are exposed to gender roles that shape their self-perception and influence their academic and professional choices as well as expectations of their roles as women and men throughout their life, it is crucial to address gender stereotypes and respect for explicit consent and bodily autonomy as of early-childhood education and care. At the workplace, training and awareness-raising programmes can play a crucial role in challenging stereotypes and transforming culture inside and outside work. Member States should also take measures to prevent the gender-based violence and harassment at work on grounds of pregnancy or recent parenthood.

Amendment 57

Proposal for a directive

Recital 60

Text proposed by the Commission

Amendment

(60) In order to ensure victims of gender-based violence and domestic violence are identified and receive appropriate support, Member States should ensure that professionals in the public, private and civil society sector, including the social partners, likely to come into contact with victims receive regular and mandatory training and targeted information, particularly taking into account the needs of victims with disabilities. Training 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. They should also include prevention and identification of violence, cyber violence and harassment in the world of work and identification of the most vulnerable and disadvantaged groups that might often be the less believed when reporting, such as such as migrants, LGBTIQ+ or persons with disabilities. To prevent and appropriately address instances of sexual harassment, cyber violence in the world of work, and to identify and address instances of domestic violence and its consequences on workers, persons with supervisory functions and workers representatives should also receive training. Such training should also cover assessments regarding sexual harassment, cyber violence and domestic violence in the world of 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 by a patient.

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Amendment 58

Proposal for a directive

Recital 60 a (new)

Text proposed by the Commission

Amendment

(60a) Employers should ensure a culture based on mutual respect and dignity to prevent violence and harassment in the world of work commensurate with their remit including by adopting and implementing an inclusive and gender-responsive workplace policy on gender-based violence and harassment in consultation with workers and their representatives, appointing a designated confidential counsellor, ensuring no adverse treatment or consequences in the workplace for victims of gender-based violence and harassment, taking into account gender-based violence and harassment in the management and risk-assessment of occupational safety and health and providing all workers and their representatives with regular information and training on the identified hazards and risks of violence and harassment.

Amendment 59

Proposal for a directive

Recital 60 b (new)

Text proposed by the Commission

Amendment

(60b) This Directive should ensure that preventative and protective measures aiming to combat violence, discrimination and harassment at work, including third-party violence and harassment by customers, clients, visitors, patients, as applicable, should apply and should not be limited to particular cases on discriminatory grounds. Member States, in consultation with the social partners, should provide for effective protective measures.

Amendment 60

Proposal for a directive

Recital 61

Text proposed by the Commission

Amendment

(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of training, in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims. Member States should recognise women's civil society organisations, including organisations working with women at a heightened risk of experiencing gender-based violence, as partners in policy development and implementation and should, where relevant, include them in the work of government bodies and committees working to combat gender-based violence and domestic violence. In addition, other relevant stakeholders should be consulted on relevant issues, such as the social partners in relation to gender-based violence and sexual harassment at work.

Amendment 61

Proposal for a directive

Recital 62

Text proposed by the Commission

Amendment

(62) Early intervention programmes should be set up to prevent and minimise the risk of offences of gender-based violence or domestic violence, including the risk of repetition of such offences. The programmes should specifically aim at teaching offenders or those at risk of offending how to adopt non-violent behaviour in interpersonal relationships and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards the victims.

Amendment 62

Proposal for a directive

Recital 64

Text proposed by the Commission

Amendment

(64) Policies to adequately tackle gender-based violence and domestic violence can only be formulated on the basis of comprehensive and comparable disaggregated data. In order to effectively monitor developments in the Member States and fill the gaps of comparable data, Member States should regularly conduct surveys using the harmonised methodology of the Commission (Eurostat) to gather data and transmit those data to the Commission (Eurostat).

Amendment 63

Proposal for a directive

Recital 65

Text proposed by the Commission

Amendment

(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 gender-based violence 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 such information could inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination. When sharing the data collected, no personal data should be included.

Amendment 64

Proposal for a directive

Recital 68

Text proposed by the Commission

Amendment

(68) Since the objective of this Directive, namely to prevent and combat violence against women and domestic violence across the Union on the basis of common minimum rules, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the envisaged measures, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.

(68) Since the objective of this Directive, namely to prevent and combat gender-based violence and domestic violence across the Union on the basis of common minimum rules, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the envisaged measures, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.

Amendment 65

Proposal for a directive

Article 1 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

This Directive lays down rules to prevent and combat violence against women and domestic violence. It establishes minimum rules concerning:

This Directive lays down rules to prevent and combat gender-based violence and domestic violence. It establishes minimum rules concerning:

Amendment 66

Proposal for a directive

Article 1 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the rights of victims of all forms of violence against women or domestic violence before, during or after criminal proceedings;

(b) the rights of victims of all forms of gender-based violence or domestic violence before, during and after criminal proceedings;

Amendment 67

Proposal for a directive

Article 1 – paragraph 1 – point c

Text proposed by the Commission

Amendment

Amendment 68

Proposal for a directive

Article 1 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) the establishment and development of preventive measures.

Amendment 69

Proposal for a directive

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex, gender and other grounds, as well as other victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35(1) and Article 37(7).

Amendment 70

Proposal for a directive

Article 3 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) acts of violence against women or domestic violence as criminalised under other instruments of Union law;

(b) acts of gender-based violence or domestic violence as criminalised under other instruments of Union law;

Amendment 71

Proposal for a directive

Article 3 – paragraph 1 – point c

Text proposed by the Commission

Amendment

Amendment 72

Proposal for a directive

Article 4 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(aa) “gender-based violence” means violence, or threats of violence, that is directed against a person because of that person's gender, gender identity, gender expression or sex characteristics;

Amendment 73

Proposal for a directive

Article 4 – paragraph 1 – point b

Text proposed by the Commission

Amendment

Amendment 74

Proposal for a directive

Article 4 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

(fa) “the world of work” means in the course of, linked with or arising out of work in the workplace, including public and private spaces where they are a place of work; in places where the worker is paid, takes a rest break or a meal, or uses sanitary, washing and changing facilities; during work-related trips, travel, training, events or social activities; through work-related communications, including those enabled by information and communication technologies; in employer-provided accommodation; and when commuting to and from work;

Amendment 75

Proposal for a directive

Article 4 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) “harassment in the world of work” means any form of violence, harassment or other forms of physical or psychological violence, directed at persons because of their sex or gender, in particular affecting women disproportionately, including sexual harassment which is expressed by any 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 job seeking, training including interns and apprentices, employment, occupation and self-employment including informal work, in both the public and private sector, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment, including where a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for job-related decisions;

Amendment 76

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that a non-consensual act is understood as an act which is performed without the person’s consent given voluntarily or where the personis unable to form a free will due to the person’s physical or mental condition, thereby exploiting her or his incapacity to form a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability. An act shall be considered to be consensual where it is based on voluntary consent as the consequence of the exercise of free will on the part of the person concerned.

Amendment 77

Proposal for a directive

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance or past sexual conduct.

3. Consent is required for each separate act and can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the person’s silence, verbal or physical non-resistance or past sexual conduct, or existing or previous relationship with the offender.

Amendment 78

Proposal for a directive

Article 6 a (new)

Text proposed by the Commission

Amendment

Article 6a

Forced sterilisation

1. Member States shall ensure that the intentional conduct of performing surgery which has the purpose or effect of terminating a person’s capacity to naturally reproduce without that person’sprior and informed consent or understanding of the procedure is punishable as a criminal offence.

2. Member States shall ensure that the prior and informed consent of the person to undergo through the surgery referred to in paragraph 1 cannot be replaced by the consent of a parent, a legal guardian or a court’s decision.

Amendment 79

Proposal for a directive

Article 7 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) making intimate images, or videos or other material, including those depicting sexual activities, of another person without that person’s consent accessible to other end-users by means of information and communication technologies;

Amendment 80

Proposal for a directive

Article 7 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) producing or manipulating and subsequently making accessible to other end-users, by means of information and communication technologies, images, videos or other material, making it appear as though another person is engaged in sexual activities, without that person’s consent;

Amendment 81

Proposal for a directive

Article 8 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) persistently engaging in threatening or intimidating conduct directed at another person, by means of information and communication technologies, which causes that the person fears for own safety or that the person fears for safety of dependants;

(a) persistently engaging in threatening, coercing or intimidating conduct directed at another person, by means of information and communication technologies, which causes that the person fears for own safety or that the person fears for safety of others, such as dependants, relatives or partners, in particular in the home environment;

Amendment 82

Proposal for a directive

Article 8 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) placing another person under continuous surveillance, without that person’s consent or legal authorisation to do so, by means of information and communication technologies, to track or monitor that person’s movements and activities;

Amendment 83

Proposal for a directive

Article 8 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) making the personal data of another person, without that person’s consent, accessible to other end-users, by means of information and communication technologies, for the purpose of inciting those end-users to cause or threaten to cause physical, sexual, psychological or economic harm to the person.

Amendment 84

Proposal for a directive

Article 9 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) initiating an attack publicly or with third parties directed at another person, by making threatening or insulting material accessible to other end-users, by means of information and communication technologies, with the effect of causing psychological and economic harm to the attacked person, including in the context of the world of work;

Amendment 85

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall ensure that the intentional conduct of inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex or gender, or other protected groups under Union law, as referred to in Article 2, by disseminating to the public material containing such incitement to violence or hatred by means of information and communication technologies is punishable as a criminal offence.

Amendment 86

Proposal for a directive

Article 12 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall ensure that the criminal offences referred to in Articles 6 and 6a are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.

Amendment 87

Proposal for a directive

Article 13 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the offence, or another criminal offence of violence against women or domestic violence, was committed repeatedly;

(a) the offence, or another criminal offence of gender-based violence or domestic violence, was committed repeatedly;

Amendment 88

Proposal for a directive

Article 13 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the offence was committed against a person made vulnerable by particular circumstances, such as due to the person’s residence status, age, a situation of dependence including economic dependence, precarious working arrangements or a state of physical, mental, intellectual or sensory disability or distress or living in institutions;

Amendment 89

Proposal for a directive

Article 13 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(b a) the offence was committed against a woman who exercises a function in political or public life;

Amendment 90

Proposal for a directive

Article 13 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) the offence was committed in the presence of a child;

(d) the offence was committed in the presence of a child or another dependent or vulnerable person;

Amendment 91

Proposal for a directive

Article 13 – paragraph 1 – point m

Text proposed by the Commission

Amendment

(m) the offence was committed by abusing a recognised position of trust, authority or influence;

(m) the offence was committed by abusing a recognised position of trust, hierarchy authority or influence, such as an employment relationship;

Amendment 92

Proposal for a directive

Article 15 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Article 6 of at least 10 years from the time when the offence was committed.

3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 6 and 6a of at least 10 years from the time when the offence was committed.

Amendment 93

Proposal for a directive

Article 16 – title

Text proposed by the Commission

Amendment

Reporting of violence against women or domestic violence

Reporting of gender-based violence or domestic violence

Amendment 94

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

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 persons with disabilities or living in institutions, can report criminal offences of gender-based violence 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. Complaint mechanisms shall also be accessible to victims without digital skills and victims living in remote or rural areas with difficult access to digital tools and the internet as well as for persons with disabilities.

Amendment 95

Proposal for a directive

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that offences of gender-based violence or domestic violence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities without fear of reprisals or negative consequences.

Amendment 96

Proposal for a directive

Article 16 – paragraph 4

Text proposed by the Commission

Amendment

4. Where children report criminal offences of gender-based violence or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. If the offence involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.

Amendment 97

Proposal for a directive

Article 16 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States shall ensure that the competent authorities coming in contact with a victim reporting offences of gender-based violence or domestic violence are prohibited from transferring 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 18.

Amendment 98

Proposal for a directive

Article 16 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. Member States shall ensure effective reporting mechanisms and follow up procedures and investigative mechanisms in cases of violence and harassment in the world of work. Member States and employers shall take the necessary measures to ensure protection against the victimisation of, or adverse consequences against, complainants, victims, witnesses and whistle-blowers and ensure the protection of those individuals’ privacy as well as confidentiality, while preventing misuse of relevant requirements for privacy and confidentiality.

Member States and employers shall ensure that providing evidence does not represent a burden for the victims or contribute to further victimisation.

Amendment 99

Proposal for a directive

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that persons, units or services investigating and prosecuting gender-based violence or domestic violence have sufficient expertise, capacity and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.

Amendment 100

Proposal for a directive

Article 17 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that reported offences of gender-based violence or domestic violence are processed and transferred without delay to the competent authorities for prosecution and investigation.

Amendment 101

Proposal for a directive

Article 17 – paragraph 3

Text proposed by the Commission

Amendment

3. The competent authorities shall promptly and effectively record and investigate allegations of gender-based violence or domestic violence and ensure that an official complaint is filed in all cases.

Amendment 102

Proposal for a directive

Article 18 – paragraph 4

Text proposed by the Commission

Amendment

4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex, gender and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.

Amendment 103

Proposal for a directive

Article 18 – paragraph 6

Text proposed by the Commission

Amendment

6. The individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as civil society organisations, victim protection centres and women’s shelters, social services and healthcare professionals as well as the social partners if the victim's experience occurs in the context of the world of work.

Amendment 104

Proposal for a directive

Article 18 – paragraph 7

Text proposed by the Commission

Amendment

7. Competent authorities shall update the individual assessment at regular intervals to ensure the protection measures effectively and sufficiently address the victim’s current situation and needs. This shall include an assessment of whether protection measures, in particular under Article 21, need to be adapted or taken.

Amendment 105

Proposal for a directive

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialised support services contact victims to offer support.

Amendment 106

Proposal for a directive

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

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 107

Proposal for a directive

Article 23 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall issue guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of gender-based violence or domestic violence. Those guidelines shall include guidance on:

Amendment 108

Proposal for a directive

Article 23 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(aa) how to apply a gender-responsive and intersectional approach in all actions and measures;

Amendment 109

Proposal for a directive

Article 23 – paragraph 1 – point c

Text proposed by the Commission

Amendment

Amendment 110

Proposal for a directive

Article 23 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) how to cater to the enhanced protection and support needs of victims experiencing discrimination based on a combination of sex and other grounds;

(e) how to cater to the enhanced protection and support needs of victims experiencing discrimination based on a combination of sex, gender and other grounds;

Amendment 111

Proposal for a directive

Article 23 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) how to avoid gender stereotypes;

(f) how to avoid gender stereotypes and unconscious bias;

Amendment 112

Proposal for a directive

Article 23 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) how to refer victims to support services, to ensure the appropriate treatment of victims and handling of cases of violence against women or domestic violence.

(g) how to refer victims to appropriate, timely and accessible support services, to ensure the appropriate treatment of victims and handling of cases of gender-based violence or domestic violence.

Amendment 113

Proposal for a directive

Article 24 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) provide independent assistance and advice to victims of violence against women and domestic violence;

(a) provide independent assistance and advice to victims of gender-based violence and domestic violence and witnesses;

Amendment 114

Proposal for a directive

Article 24 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that the bodies referred to in paragraph 1 can act on behalf or in support of one or several victims of gender-based violence or domestic violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.

Amendment 115

Proposal for a directive

Article 26 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence.

1. Member States shall ensure that victims have the right to claim full compensation from offenders for damages resulting from all forms of gender-based violence or domestic violence.

Amendment 116

Proposal for a directive

Article 26 – paragraph 4

Text proposed by the Commission

Amendment

4. The damage shall include costs for healthcare services, support services, rehabilitation, loss of income, employment related benefits and opportunities and other costs that have arisen as a result of the offence or to manage its consequences. The amount of the damages awarded shall also compensate for physical and psychological harm and moral prejudice.

Amendment 117

Proposal for a directive

Article 27 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Member States shall ensure that free of charge and confidential specialist support services referred to in Article 8(3) and Article 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 accommodate persons with disabilities. The specialist support services shall provide:

Amendment 118

Proposal for a directive

Article 27 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) support, information and advice on any relevant legal or practical matters arising as a result of the crime, including on access to decent, accessible housing, education, training and assistance to remain in or find quality employment;

Amendment 119

Proposal for a directive

Article 27 – paragraph 2

Text proposed by the Commission

Amendment

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 gender-based violence and domestic violence, including those of disadvantaged or diverse background, such as migrants or persons with disabilities or those living in institutions.

Amendment 120

Proposal for a directive

Article 27 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure sufficient human and financial resources to provide the services referred to in paragraph 1, especially those referred to in points (a) and (c) of that paragraph, including where such services are provided by non-governmental organisations, such as women’s organisations, organisations of charity nature as well as other organisations providing legal aid, healthcare and social protection.

Amendment 121

Proposal for a directive

Article 27 – paragraph 4

Text proposed by the Commission

Amendment

Amendment 122

Proposal for a directive

Article 27 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States shall issue guidelines and protocols for healthcare and social service professionals, the social partners, labour inspectors and other competent bodies responsible for the monitoring and enforcement of employment and social legislation on identifying and providing appropriate support to victims of all forms of gender-based violence and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex, gender and other grounds of discrimination.

Amendment 123

Proposal for a directive

Article 27 – paragraph 6

Text proposed by the Commission

Amendment

6. Member States shall ensure that specialist support services remain fully operational for victims of gender-based violence and domestic violence in times of crisis, such as health crises or other states of emergency.

Amendment 124

Proposal for a directive

Article 28 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence. Such centres shall be tasked with identifying whether the motive for the sexual violence were related to the sex, gender or other personal characteristics of the victim. These centres shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.

Amendment 125

Proposal for a directive

Article 29 a (new)

Text proposed by the Commission

Amendment

Article 29a

Specialist support for victims of forced sterilisation

1. Member Statesshall, in accordance with national law and practice, ensure effective accessible support to the victims of forced sterilisation, taking account any disability that they may have, including by providing gynaecological, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been perpetrated and for as long as necessary thereafter.

2. Article 27(3) and (6) and Article 28(2) shall apply to the provision of support for victims of forced sterilisation mutatis mutandis.

Amendment 126

Proposal for a directive

Article 30 – title

Text proposed by the Commission

Amendment

Specialist support for victims of sexual harassment at work

Specialist support for victims of violence and harassment, including cyber violence and third-party violence in the world of work, as well as domestic violence

Amendment 127

Proposal for a directive

Article 30 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall, in consultation with the social partners, take measures to ensure that external, specialised and confidential counselling and legal services are available to victims, whether they are workers or employers, in cases of violence and harassment in the world of work. Such services shall be free of charge at least for victims without sufficient means. These services shall include advice on adequately addressing such cases at the workplace, on legal remedies available to the employer to remove the offender from the workplace and shall provide the possibility of early conciliation, if the victim so wishes.

Member States shall ensure that those services and support are offered online and offline in order to be accessible for all, including for elderly persons and persons with disabilities, to ensure that no one is left behind.

2. Workers shall have the right to receive support and representation from their trade union, to have access to information on available legal remedies as well as access to such remedies. Trade union representatives shall be able to support workers in any relevant proceedings.

3. Member States shall ensure that employers have the obligation to inform their workers, at the start of their contract, on anti-harassment policies, training and procedures in place, such as rights of workers who are victims of violence in the workplace including access to external counselling services as referred to in paragraph 1.

Member States shall also ensure that there is no adverse treatment or consequences in the workplace for victims of gender-based violence. They shall, in particular, ensure that there is no direct and indirect discrimination of workers on the basis that they have exercised their rights under this Directive, have made a claim to that end, or have been proved to be a victim of gender-based violence.

Amendment 128

Proposal for a directive

Article 30 a (new)

Text proposed by the Commission

Amendment

Article 30a

Paid leave

1. Member States shall ensure that victims of gender-based violence, domestic violence, harassment in the world of work, including sexual harassment, cyber violence and third-party violence, shall be entitled to paid leave. Member States may determine the scope, duration and conditions of such leave in accordance with national law or practice.

2. Member States shall take measures to support self-employed victims who have to cease their activity for safety reasons or to exercise their rights as victims.

Amendment 129

Proposal for a directive

Article 30 b (new)

Text proposed by the Commission

Amendment

Article 30b

Flexible working arrangements

Member States shall take the necessary measures to ensure that workers experiencing gender-based violence or domestic violence, have the right to request short-term flexible working arrangements, the duration of and arrangements for which shall be determined by the Member States.

Amendment 130

Proposal for a directive

Article 30 c (new)

Text proposed by the Commission

Amendment

Article 30c

Collective bargaining on preventing and addressing gender-based violence

Member States shall ensure that the social partners are able to bargain collectively on workplace measures to prevent and address all forms of gender-based violence in the world of work and to assist in identifying and supporting victims of such violence, in particular on matters referred to in Articles 36, 36a and 37. Member States shall take measures to promote such collective bargaining including through awareness-raising campaigns and training of the social partners and workplace health and safety representatives.

Amendment 131

Proposal for a directive

Article 31 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall set up state-wide round-the-clock (24/7) telephone helplines, free of charge, to provide advice for victims of gender-based violence and domestic violence. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications.

Amendment 132

Proposal for a directive

Article 31 – paragraph 4

Text proposed by the Commission

Amendment

4. [Member States shall ensure that the service under paragraph 1 for victims of gender-based violence is operated under the harmonised number at Union level “116 016” and that the end-users are adequately informed of the existence and use of such number.]

Amendment 133

Proposal for a directive

Article 32 – paragraph 2

Text proposed by the Commission

Amendment

2. The shelters and other appropriate interim accommodations shall be equipped to accommodate the specific needs of children, including child victims.

2. Member States shall ensure that shelters and other appropriate interim accommodation shall be made available and accessible and equipped to accommodate the specific needs of children, including child victims, victims with disabilities or with different language and cultural backgrounds as well as the specific needs of single parent families. Member States shall take into consideration language barriers and provide services accessible in more languages than in the official language of the Member State concerned, where necessary.

Amendment 134

Proposal for a directive

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that children are provided specific adequate support as soon as the competent authorities have reasonable grounds to believe that the children might have been subject to, including having witnessed, gender-based violence or domestic violence. Support to children shall be specialised and age-appropriate, respecting the best interests of the child.

Amendment 135

Proposal for a directive

Article 34 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of gender-based violence or domestic violence, to the extent that the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child.

Amendment 136

Proposal for a directive

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure the provision of specific support to victims at an increased risk of gender-based violence or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, LBTIQ+ women, pregnant women and new mothers, women sex workers, women detainees, or older women and other LGBTIQ people subject to gender-based violence.

Amendment 137

Proposal for a directive

Article 35 – paragraph 2

Text proposed by the Commission

Amendment

2. The support services under Articles 27 to 32 shall have sufficient capacities to accommodate victims with disabilities, taking into consideration their specific needs, including personal assistance.

2. The support services under Articles 27 to 32 shall have sufficient capacities including qualified staff to accommodate victims with disabilities, taking into consideration their specific needs, including personal assistance.

Amendment 138

Proposal for a directive

Article 35 – paragraph 3

Text proposed by the Commission

Amendment

3. The support services shall be available for third-country nationals who are victims of gender-based violence and domestic violence, including for applicants for international protection, for undocumented persons and for persons subject of return procedures in detention. Member States shall ensure that victims who request so may be kept separately from persons of the other sex in detention facilities for third-country nationals subject of return procedures, or accommodated separately in reception centres for applicants for international protection.

Amendment 139

Proposal for a directive

Article 35 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall ensure that persons can report occurrences of gender-based violence or domestic violence in reception and detention centres to the relevant staff and that protocols are in place to adequately and swiftly address such reports in accordance with the requirements in Articles 18, 19 and 20.

Amendment 140

Proposal for a directive

Article 36 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall take appropriate actions to prevent violence against women and domestic violence.

1. Member States shall take appropriate actions to prevent gender-based violence and domestic violence.

Amendment 141

Proposal for a directive

Article 36 – paragraph 2

Text proposed by the Commission

Amendment

2. Preventive measures shall include awareness-raising campaigns, in particular campaigns aiming to tackle the stigma surrounding domestic and gender-based violence, informing victims of available supports and educating people on recognising signs of violence and how to support victims safely, research and education programmes, where appropriate, developed in cooperation with relevant civil society organisations, the social partners, the communities impacted and other stakeholders.

Amendment 142

Proposal for a directive

Article 36 – paragraph 3

Text proposed by the Commission

Amendment

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, taking into account cultural and language barriers, and in formats accessible to persons with disabilities.

Amendment 143

Proposal for a directive

Article 36 – paragraph 4

Text proposed by the Commission

Amendment

4. Targeted action shall be addressed to groups at risk, including children, according to their age and maturity, older persons, persons with disabilities and persons belonging to any other vulnerable and disadvantaged group, taking into consideration language and cultural barriers and different levels of literacy and abilities. Information for children shall be formulated in a child-friendly way.

Amendment 144

Proposal for a directive

Article 36 – paragraph 5

Text proposed by the Commission

Amendment

5. Preventive measures shall in particular aim at challenging and dismantling harmful gender stereotypes, promoting equality between women and men as well as respect of consent encouraging all persons, including men and boys, to act as positive role models in combatting gender-based violence and domestic violence in order to support corresponding behaviour changes across society as a whole in line with the objectives of this Directive.

Amendment 145

Proposal for a directive

Article 36 – paragraph 6

Text proposed by the Commission

Amendment

6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation.

6. Preventive measures shall develop and increase sensitivity about the harmful practice of female genital mutilation and forced sterilisation.

Amendment 146

Proposal for a directive

Article 36 – paragraph 8

Text proposed by the Commission

Amendment

8. Member States, in consultation with the social partners, shall ensure that violence in the world of work as well as domestic violence are defined, prohibited and addressed in relevant national laws and policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where workers are most exposed. The social partners as well as the labour inspectorates in the Member States shall also be involved in the implementation of thosepolicies at a workplace level.

Amendment 147

Proposal for a directive

Article 36 a (new)

Text proposed by the Commission

Amendment

Article 36a

Specific preventive measures in the world of work

1. Member States shall ensure that employers take appropriate measures commensurate with their remit 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 anti-harassment;

(b) appoint a designated confidential counsellor to provide support and informal advice for victims of gender-based violence and harassment, whether perpetrated by a colleague or a third party;

(c) take into account gender-based violence and harassment and associated psychosocial risks in the management and risk-assessment of occupational safety and health.

2. Member States shall ensure that employers, in cooperation with trade unions and workers representatives, take appropriate measures to provide a safe working environment and to support victims of gender-based violence. Workers shall have the right to receive support from a trade union, as well as the health and safety representative at the workplace.

Amendment 148

Proposal for a directive

Article 37 – paragraph 1

Text proposed by the Commission

Amendment

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, including in civil society organisations, and restorative justice services, healthcare professionals, social services, educational and other relevant staff, including the social partners and workplace health and safety representatives, labour inspectors, 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 gender-based violence or domestic violence, avoid further violence or revictimisation and to treat victims in a trauma-, gender-, disability- and child-sensitive manner, taking into consideration any cultural and language barriers.

Amendment 149

Proposal for a directive

Article 37 – paragraph 2

Text proposed by the Commission

Amendment

Amendment 150

Proposal for a directive

Article 37 – paragraph 3

Text proposed by the Commission

Amendment

3. Persons with supervisory functions in the workplace, as well as workers’ representatives, in particular trade unions and workplace health and safety representatives, in both the public and private sectors, shall receive specific training, in accessible formats as appropriate, implemented in cooperation with trade unions and health and safety representatives, on how to recognise, prevent and address sexual harassment, including on gender responsive risk assessments concerning occupational safety and health risks, in particular identified hazards and risks of violence and harassment from third parties in the world of work and risks of domestic violence, and their reporting obligations, to provide support to victims affected thereby and witnesses, 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, as well as protection measures, including on the rights and responsibilities of workers. Those persons and employers shall receive information about the effects of violence and domestic violence on work and the risk of third party violence. They shall also receive training on how to recognise instances of domestic violence and provide support to victims and ensure that victims are able to continue working in a safe environment. Member States shall ensure that employers shall provide training to all workers on a regular basis and free of charge, in particular upon entering a new workplace.

Amendment 151

Proposal for a directive

Article 37 – paragraph 4

Text proposed by the Commission

Amendment

4. The training activities referred to in paragraphs 1, 2 and 3 shall include training on co-ordinated multi-agency co-operation to allow for a comprehensive and appropriate handling of referrals in cases of gender-based violence or domestic violence.

Amendment 152

Proposal for a directive

Article 37 – paragraph 6

Text proposed by the Commission

Amendment

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.

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 from vulnerable and disadvantaged groups, in particular with regard to persons with disabilities.

Amendment 153

Proposal for a directive

Article 37 – paragraph 7

Text proposed by the Commission

Amendment

7. Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex and other grounds.

7. Training activities referred to in paragraphs 1, 2, 3 and 6 shall be regular and mandatory, including on cyber violence, and built on the specificities of gender-based violence and domestic violence. Such training activities shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex, gender and other grounds.

Amendment 154

Proposal for a directive

Article 38 – title

Text proposed by the Commission

Amendment

Intervention programmes

Early intervention programmes

Amendment 155

Proposal for a directive

Article 38 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall take the necessary measures to ensure that targeted and effective intervention programmes are established to prevent and minimise the risk of committing offences of gender-based violence or domestic violence, or reoffending.

Amendment 156

Proposal for a directive

Article 38 – paragraph 2

Text proposed by the Commission

Amendment

2. The intervention programmes shall be made available for participation including to persons who fear they might commit any offence of violence against women or domestic violence.

2. The intervention programmes shall be made available for participation including to persons who fear they might commit any offence of gender-based violence or domestic violence.

Amendment 157

Proposal for a directive

Article 39 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall adopt and implement state-wide effective, comprehensive and co-ordinated policies encompassing all relevant measures to prevent and combat all forms of violence against women and domestic violence.

Amendment 158

Proposal for a directive

Article 40 – paragraph 1

Text proposed by the Commission

Amendment

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, the social partners, without prejudice to their autonomy, and other relevant organisations and entities.

Amendment 159

Proposal for a directive

Article 41 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of gender-based violence or domestic violence, or specialised non-governmental organisations working with vulnerable women and victims at a heightened risk of violence, as well as the social partners, 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 160

Proposal for a directive

Article 43 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) providing assistance to Union networks working on matters directly relevant to violence against women and domestic violence.

(c) providing assistance to Union networks working on matters directly relevant to gender-based violence and domestic violence.

Amendment 161

Proposal for a directive

Article 44 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall have a system in place for the collection, development, production and dissemination of statistics on gender-based violence or domestic violence, including the forms of violence referred to in Articles 5 to 10.

Amendment 162

Proposal for a directive

Article 44 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The statistics shall include the following data disaggregated by sex, age of the victim and of the offender, relationship between the victim and the offender and type of offence:

2. The statistics shall include the following data disaggregated by sex, disability, the age of the victim and of the offender, the relationship between the victim and the offender, the type of offence and where the offence took place:

Amendment 163

Proposal for a directive

Article 44 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) the number of victims who experienced violence against women or domestic violence during the last 12 months, last five years and lifetime;

(a) the number of victims who experienced gender-based violence or domestic violence during the last 12 months, last five years and lifetime;

Amendment 164

Proposal for a directive

Article 44 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

(ba) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offence.

Amendment 165

Proposal for a directive

Article 44 – paragraph 3 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

Member States shall consult the social partners in the data collection process, in particular in the event of gender-based violence and sexual harassment at work.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Combating violence against women and domestic violence

References

COM(2022)0105 – C9-0058/2022 – 2022/0066(COD)

Committees responsible

Date announced in plenary

LIBE

23.3.2022

FEMM

23.3.2022

Opinion by

Date announced in plenary

EMPL

23.3.2022

Associated committees - date announced in plenary

7.7.2022

Rapporteur for the opinion

Date appointed

Rosa Estaràs Ferragut

8.9.2022

Rule 58 – Joint committee procedure

Date announced in plenary

7.7.2022

Discussed in committee

24.1.2023

Date adopted

26.4.2023

Result of final vote

–:

Members present for the final vote

João Albuquerque, Atidzhe Alieva-Veli, Marc Angel, Dominique Bilde, Jordi Cañas, David Casa, Leila Chaibi, Ilan De Basso, Margarita de la Pisa Carrión, Jarosław Duda, Estrella Durá Ferrandis, Rosa Estaràs Ferragut, Cindy Franssen, Chiara Gemma, Helmut Geuking, Alicia Homs Ginel, Agnes Jongerius, Irena Joveva, Radan Kanev, Ádám Kósa, Katrin Langensiepen, Elena Lizzi, Jörg Meuthen, Max Orville, Kira Marie Peter-Hansen, Dragoş Pîslaru, Dennis Radtke, Guido Reil, Daniela Rondinelli, Mounir Satouri, Monica Semedo, Nikolaj Villumsen, Marianne Vind, Maria Walsh, Tomáš Zdechovský

Substitutes present for the final vote

Gheorghe Falcă, José Gusmão, Lívia Járóka, Véronique Trillet-Lenoir, Anna Zalewska

Substitutes under Rule 209(7) present for the final vote

Marina Mesure, Vera Tax, Thomas Waitz, Lara Wolters

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

Key to symbols:

2.3.2023

OPINION OF THE COMMITTEE ON BUDGETS

for the Committee on Civil Liberties, Justice and Home Affairs and of the Committee on Women’s Rights and Gender Equality

on the proposal for a directive of the European Parliament and of the Council combating violence against women and domestic violence

(COM(2022)0105 – C90058/2022 – 2022/0066(COD))

Rapporteur for opinion: Alexandra Geese

SHORT JUSTIFICATION

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on gender and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender-based violence.

Amendment 2

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(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 politicians, journalists and human rights defenders. 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 and to their mental health, which may, in extreme cases, lead to suicide.

(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 politicians, journalists and human rights defenders. 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 and to their mental health, which may lead to an increased incidence of depression and anxiety disorder and, in extreme cases, to suicide.

Amendment 3

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(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 very 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 but not limited to 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 4

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(21) Minimum rules concerning the offence of cyber harassment should be laid down to counter initiating an attack with third parties or participating in such an attack directed at another person, by making threatening or insulting material accessible to a multitude of end-users. Such broad attacks, including coordinated online mob attacks, may morph into offline assault or cause significant psychological injury and in extreme cases lead to suicide of the victim. They often target prominent (female) politicians, journalists and human right defenders or otherwise well-known persons, but they can also occur in different contexts, for instance on campuses or in schools. Such online violence should be addressed especially where the attacks occur on a wide-scale, for example in the form of pile-on harassment by a significant amount of people.

Amendment 5

Proposal for a directive

Recital 30

(30) In order to ensure comprehensive support and protection to victims, all competent authorities and relevant bodies, not limited to law enforcement and judicial authorities in consultation with relevant civil society ~~organisations~~organisations, should be involved in assessing the risks for victims and appropriate support measures on the basis of clear guidelines issued by the Member States. Such guidelines should include factors to be taken into consideration when assessing the risk emanating from the offender or suspect, including the consideration that suspects charged with minor offences are as likely to be dangerous as those charged with more severe offences, especially in cases of domestic violence and stalking.

~~Or. en~~

Amendment 6

~~Amendment 2~~

Proposal for a directive

(46) Specialised support services should provide support to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of cyber violence. The services should comply with the minimum standards for support services as set out in the “Istanbul ~~Convention”~~Convention”, in particular for shelters, counselling, rape crisis and sexual violence referral ~~centers~~centres as well as helplines.

~~Or. en~~

Amendment 7

~~Amendment 3~~

Proposal for a directive

(47) Specialist support should offer victims support tailored to their specific needs, and irrespective of any official complaint. Such services could be provided in addition to, or as an integrated part of, general victim support services, which may call on existing entities providing specialist support. Specialist support may be provided by national authorities, victims’ support organisations, or other non-governmental organisations. They should be granted sufficient human and financial resources and, where the services are provided by non-governmental organisations, Member States and the ~~Union~~Union, for instance through the Rights and Values programme and its DAPHNE strand, should ~~ensure~~be responsible for ensuring that they receive appropriate ~~funds.~~funds while the Union provides complementary funding where necessary. Member States should ensure that all victims belonging to vulnerable groups or communities receive tailor-made support based on their needs, with special attention to linguistic needs and potential ~~pastor~~past or present discrimination experiences of certain communities. Support should be provided asin the form of offline and online services according to specific needs.

~~Or. en~~

Amendment 8

~~Amendment 4~~

Proposal for a directive

Amendment

(47a) ~~The Union budget should provide complementary funding~~Stresses tothat ~~ensure~~it ais ~~high~~the ~~level~~responsibility of ~~protection for victims~~the ofMember ~~violence,~~State ~~including~~to ~~through~~ensure sufficient ~~resources in dedicated funding programs~~human and ~~through the~~financial ~~promotion~~resources ofto ~~innovative~~provide ~~solutions~~specialist tosupport ~~improve~~services ~~the~~for ~~quality~~victims ~~and~~of ~~accessibility~~acts of ~~the~~violence ~~needed~~covered ~~services;~~by ~~the~~this ~~relevant~~Directive; ~~program(s)~~additionally, ~~under~~highlights the ~~next Multiannual Financial Framework should contain sufficient~~synergies ~~financial~~with ~~and~~existing ~~human~~Union ~~resources~~policy toprovisions ~~ensure~~in ~~sufficient~~the ~~funding~~policy ~~for~~and anotably ~~significant~~the ~~Union~~work ~~contribution~~done tounder the ~~proper~~DAPHNE ~~implementation,~~strand in ~~particular~~preventing ofand ~~preventive~~combating ~~and~~gender-based ~~victim~~violence ~~support~~through ~~measures;~~the Union budget.

~~Or. en~~

Amendment 9

~~Amendment 5~~

Proposal for a directive

Recital 47 b (new)

Text proposed by the Commission

Amendment

(47b) The Union budget should provide complementary funding to ensure a high level of protection for victims of violence, including through sufficient resources in dedicated funding programs, as for instance through the Rights and Values programme and its DAPHNE strand, and through the promotion of innovative solutions to improve the quality and accessibility of the needed services; the relevant program(s) under the next Multiannual Financial Framework should contain sufficient financial and human resources to ensure sufficient funding for an adequate Union contribution to the proper implementation, in particular of preventive and victim support measures; in the context of the Cohesion policy programmes, national programming should pay particular attention to projects contributing to the objectives of the Directive by complementing Member States investments for that purpose.

Amendment 10

Proposal for a directive

Recital 60

Text proposed by the Commission

Amendment

(60) In order to ensure victims of gender-based violence, domestic violence and cyber violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims, including law enforcement authorities, receive training and targeted information. The appropriate training for law enforcement authorities handling victims' judicial complaint is crucial since they may be the first authorities to whom the victim is reaching out. Trainings should cover the dynamics and impacts of sexual assault vicitmisation, the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims taking into account the risks of each victim’s specific situations. Trainings should also cover how to interview in a gender-sensitive and respectful manner that does not lead to re-victimisation, and how to assist a victim who wishes to lodge a complaint. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions should also receive training. These trainings should also cover assessments regarding 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 by a patient. Trainings should be developed in conjunction with victims’ organisations, experts, educational institutions, civil society and other relevant stakeholders.

_________________

__________________

Amendment 11

Proposal for a directive

Recital 61

Text proposed by the Commission

Amendment

(61) In order to counteract and better understand the causes of underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes, assisting in the filing of complaints, assessing the risk of the victim’s situation but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.

Amendment 12

Proposal for a directive

Recital 63

(63) In order to ensure that victims of the offences of cyber violence contained in this Directive can effectively realise their rights to have illegal material relating to such offences removed, Member States should encourage the cooperation between providers of intermediary services as well as ~~between providers of intermediary services,~~ authorities and civil society organisations, such as through the establishment of trusted flaggers pursuant to Article 22 of the Regulation (EU) 2022/2065 of the European Parliament and of the Council1a. To ensure that such material is detected early on and tackled effectively and that victims of those offences are adequately assisted and supported, Member States should also facilitate the establishment or use of existing self-regulatory measures of a voluntary nature, such as codes of conduct, including on the detection of systematic risks in relation to such cyber violence and the training of the providers’ employees, including psychological support, concerned by preventing such violence and assisting victims. Any support provided by the Commission, and in particular by the relevant Agencies to the Member States in that regard should be adequately resourced.

~~__________________~~

_________________

1a Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).

~~Or. en~~

Amendment 13

~~Amendment 6~~

Proposal for a directive

Amendment

(63a) Members States should also encourage ~~the~~ cooperation between providers of intermediary services as well as authorities and civil society organisations to ensure that victims of cyber violence are adequately assisted and supported. As cyber violence encompasses not only threats of violence but also the use of intrusions into a device to obtain, steal, reveal or manipulate intimate data, to broadcast personal data (“doxing”), or to stalk an individual, assistance and support should include training, technical assistance and resources to perform hardware checks to detect installed stalker software or apps, give advice to victims on how to use technology in a safe manner and provide guidance to technology companies to define the types of application behaviours that qualifies apps ~~tobe~~to be flagged as stalkerware.

~~Or. en~~

Amendment 14

~~Amendment 7~~

Proposal for a directive

~~Or. en~~

Amendment 15

~~Amendment 8~~

Proposal for a directive

Amendment

(64a) The relevant agencies, in particular ~~the European Institute for Gender Equality,~~EIGE, should be provided with the necessary human and financial resources to fulfil the objectives, tasks and responsibilities assigned to itthem under this ~~directive~~Directive. ~~financed~~Those byresources ashould ~~contribution~~come from the general budget of the Union, with the necessary appropriations drawn exclusively from unallocated margins under the relevant heading of the ~~multiannual~~Multiannual ~~financial~~Financial ~~framework~~Framework and/or through the mobilisation of the relevant special ~~instruments.~~instruments and not depriving the Right and Values programme of any appropriations agreed for policy purpose under the current Multiannual Financial Framework.

~~Or. en~~

Amendment 16

~~Amendment 9~~

Proposal for a directive

This Directive lays down rules to prevent and combat violence against women and domestic violence. It establishes minimum rules concerning:

This Directive lays down rules to prevent and combat gender-based violence, domestic violence and ~~domestic violence.~~cyberviolence. It establishes minimum rules concerning:

~~Or. en~~

Amendment 17

~~Amendment 10~~

Proposal for a directive

(b) the rights of victims of all forms of violence against women or domestic violence before, during or after criminal proceedings;

(b) the rights of victims of all forms of gender-based ~~violence and~~violence, domestic violence or cyberviolence before, during or after criminal proceedings;

~~Or. en~~

Amendment 18

~~Amendment 11~~

Proposal for a directive

(a) “gender-based violence” means violence, that is directed against a person on the basis of their gender, including violence that is directed against a woman or a girl because she is a woman or a girl and that affects women or girls disproportionately, including all acts of such violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;

~~Or. en~~

Amendment 19

~~Amendment 12~~

Proposal for a directive

Article 27 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Member States shall ensure that specialist support services referred to in Article 9(3) of Directive 2012/29/EU are adequately geographically distributed and available free of charge for victims of acts of violence covered by this Directive. The specialist support services shall provide, at the earliest possible stage:

Amendment 20

Proposal for a directive

Article 27 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) advice, information and support on any relevant legal or practical matters arising as a result of the crime, including on access to shelter, housing, education, childcare, financial entitlements, training and assistance to remain in or find employment;

Amendment 21

Proposal for a directive

Article 27 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) referrals to medical forensic examinations;

(b) referrals to medical care, rape crisis centres, sexual violence referral centres and forensic examinations;

Amendment 22

Proposal for a directive

Article 27 – paragraph 1 – point c

(c) support to victims of cyber violence, including advice on judicial remedies and remedies to remove online content related to the crime.

(c) support to victims of cyber violence, including advice on judicial remedies and remedies to remove online content related to the crime, psychological counselling, ~~as well as~~ advice and information on how to continue an active online ~~life;~~life, as well as referrals to public or private IT-specialists.

~~Or. en~~

Amendment 23

~~Amendment 13~~

Proposal for a directive

Amendment

~~(ca) IT-hardware checks and advice and information on online safety including on stalkerware with public organisations but also with civil society organisations.~~

(ca) IT hardware checks to remedy compromised hardware from malicious software, including stalkerware;

~~Or. en~~

Amendment 24

~~Amendment 14~~

Proposal for a directive

2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily ~~accessible,~~accessible ~~including~~to all victims whether 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. The support shall be ~~provided~~provided, inwhere ~~all~~possible, in languages ~~present~~of onlinguistic ~~its~~minorities, ~~territory.~~regions and communities within the different Member States.

~~Or. en~~

Amendment 25

~~Amendment 15~~

Proposal for a directive

3. Member States shall ensure ~~sufficient~~adequate human and financial resources to provide the services referred to in paragraph ~~1,especially~~1, especially those referred to in points (c) and ~~(c a)~~(ca) of that paragraph, including where such services are provided by non-governmental organisations.

~~Or. en~~

Amendment 26

~~Amendment 16~~

Proposal for a directive

Article 27 – paragraph 4

Text proposed by the Commission

Amendment

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, referral to further medical care, social services, psychosocial support, technical support, legal, and police services.

Amendment 27

Proposal for a directive

Article 27 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States shall issue guidelines and protocols for healthcare and social service professionals on identifying and providing appropriate medical and support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds of discrimination.

Amendment 28

Proposal for a directive

Article 27 – paragraph 6

Text proposed by the Commission

Amendment

6. Member States shall ensure that specialist medical and support services remain fully operational for victims of violence against women and domestic violence in times of crisis, such as health crises or other states of emergency.

Amendment 29

Proposal for a directive

Article 27 – paragraph 6 a (new)

Amendment

6a. Member States shall ensure a minimum of one rape crisis or sexual violence referral centre per 200 000 ~~women.~~inhabitants. The geographical distribution of those centres shall ensure all areas are covered.

~~Or. en~~

Amendment 30

~~Amendment 17~~

Proposal for a directive

Article 27 – paragraph 7

Text proposed by the Commission

Amendment

7. Member States shall ensure that specialist support services are available to victims before, during and for an appropriate time after criminal proceedings.

7. Member States shall ensure that specialist support services are available without delay to victims before, during and for an appropriate time after criminal proceedings. Access to such services shall not be dependent on a victim making a formal complaint.

Amendment 31

Proposal for a directive

Article 28 – paragraph 1

Text proposed by the Commission

Amendment

Amendment 32

Proposal for a directive

Article 28 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Member states shall ensure that evidence gathering and documentation does not automatically lead to formal complaints and that victims can decide freely at a later point if they want to file an official complaint, without prejudice to the role of public prosecution, as referred to in Article 17(5).

Amendment 33

Proposal for a directive

Article 28 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure a sufficient geographical distribution and capacity of these services across the Member State.

3. Member States shall ensure a sufficient geographical distribution and capacity of these services across the Member State, ensuring maximum possible safety and confidentiality for victims.

Amendment 34

Proposal for a directive

Article 31 – paragraph 1

1. Member States shall set up state-wide round-the-clock (24/7) telephone helplines, free of charge and with sufficient capacity to respond to all incoming calls, to provide expert advice for victims of violence against women and domestic ~~violence.~~violence, Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications.

~~Or. en~~

Amendment 35

~~Amendment 18~~

Proposal for a directive

Amendment

4a. Member States shall ensure a minimum of one family place per 10 000 ~~women.~~heads of population.

~~Or. en~~

Amendment 36

~~Amendment 19~~

Proposal for a directive

-1. Member States shall act in the best interest of the child.

~~Or. en~~

Amendment 37

~~Amendment 20~~

Proposal for a directive

Article 36 – paragraph 2

Text proposed by the Commission

Amendment

2. Preventive measures shall include awareness-raising campaigns, research and education programmes, taking into account the structural roots of violence against women or domestic violence. Where appropriate those measures shall be developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.

Amendment 38

Proposal for a directive

Article 36 – paragraph 8

Text proposed by the Commission

Amendment

8. Member States shall, in consultation with the social partners, ensure that sexual harassment at 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 39

Proposal for a directive

Article 37 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that professionals likely to come into contact with victims and offenders, 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 and offenders, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender- and child-sensitive manner.

Amendment 40

Proposal for a directive

Article 37 – paragraph 6

Text proposed by the Commission

Amendment

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.

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 taking into account the different needs of victims.

Amendment 41

Proposal for a directive

Article 37 – paragraph 8 a (new)

8a. Member states shall ensure that trainings referred to in this article are developed in conjunction with victim organisations and civil society organisations to ensure that victims´ needs are addressed and that the structural and endemic nature of gender-based violence is explained.

~~Or. en~~

Amendment 42

~~Amendment 21~~

Proposal for a directive

3. That body shall coordinate the collection of data referred to in Article 44, and analyse and disseminate its results.

3. That body shall coordinate the collection of data referred to in Article 44 in a standardised and machine-readable format based on a guidance published by the ~~Commission,~~Commission no later than ...[six months after the entry into force of this Directive], and analyse and disseminate its results.

~~Or. en~~

Amendment 43

~~Amendment 22~~

Proposal for a directive

Article 41 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall cooperate with and consult relevant 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 the design and implementation of 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 44

Proposal for a directive

Article 43 – paragraph 1 – point b

(b) exchanging information and best practices with relevant Union agencies;

(b) exchanging information and best practices with relevant Union agencies, in particular with the European Institute for Gender ~~Equality;~~Equality and Europol cybercrime centre to provide help to Member States;

~~Or. en~~

Amendment 45

~~Amendment 23~~

Proposal for a directive

2. The statistics shall include the following data disaggregated by gender, age of the victim and of the offender, relationship between the victim and the offender and type of offence:

~~Or. en~~

Amendment 46

~~Amendment 24~~

Proposal for a directive

Article 44 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) the annual number of such victims, of reported offences, of persons prosecuted for and convicted of such forms of violence, obtained from national administrative sources.

(b) the annual number of such victims, of reported offences, of persons prosecuted for and convicted of such forms of violence, sentences imposed, obtained from national administrative sources.;

Amendment 47

Proposal for a directive

Article 44 – paragraph 2 – point b a (new)

Amendment

(ba) the ~~annual~~theoretical ~~number~~capacity of ~~women on the overall~~victim ~~waiting~~support ~~list~~services ~~for~~and the ~~support~~number ~~services~~of ~~(shelters~~victims ~~and~~accessing ~~counselling);~~them;

~~Or. en~~

Amendment 48

~~Amendment 25~~

Proposal for a directive

Amendment

(bb) the annual number of ~~refused~~ women ~~from~~on the overall waiting list for the support services (shelters and ~~counselling) (annual reporting);~~counselling);

~~Or. en~~

Amendment 49

~~Amendment 26~~

Proposal for a directive

Amendment

(bc) the number of ~~shelter~~refused ~~and~~women ~~family~~from ~~places~~the ~~per~~support ~~member~~services ~~state~~(shelters and counselling) (annual reporting);

~~Or. en~~

Amendment 50

~~Amendment 27~~

Proposal for a directive

Amendment

(bd) the ~~costs~~number ~~per~~of shelter ~~place~~and ~~for~~family ~~each~~places per member state (annual ~~reporting).~~reporting);

~~Or. en~~

Amendment 51

~~Amendment 28~~

Proposal for a directive

Article 44 – paragraph 2 – point b e (new)

Text proposed by the Commission

Amendment

(be) the costs per shelter place for each member state (annual reporting).

Amendment 52

Proposal for a directive

Article 44 – paragraph 4

4. In order to ensure administrative data comparability across the Union, Member States shall collect administrative data on the basis of common disaggregations developed in cooperation with and according to the methodology developed by Eurostat and in line with the guidance referred to in Article ~~39 (3)~~39(3) and the European Institute for Gender Equality in accordance with paragraph 5. They shall transmit this data to Eurostat and the European Institute for Gender Equality on a yearly basis. The transmitted data shall not contain personal data.

~~Or. en~~

Amendment 53

~~Amendment 29~~

Proposal for a directive

5. The European Institute for Gender Equality shall support Member States in the data gathering referred to in paragraph 2, point (b), including by establishing common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences.

5. Eurostat in close cooperation with the European Institute for Gender Equality shall support Member States in the data gathering referred to in paragraph 2, ~~points (b), (b a), (b c) and (b d),~~ including by establishing common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences.

~~Or. en~~

Amendment 54

~~Amendment 30~~

Proposal for a directive

6. The Member States shall make the collected statistics available to the public. The statistics shall not contain personal data.

6. The Member States shall make the collected statistics available to the public. The statistics shall not contain personal data. Eurostat and ~~the European Institute for Gender Equality~~EIGE shall prepare a report every two years on the statistics linked to the implementation of this directive and shall transmit it to the European Parliament and the Council.

~~Or. en~~

Amendment 55

Proposal for a directive

Article 44 a (new)

Text proposed by the Commission

Amendment

Article 44a

Financing and monitoring of the measures and objectives laid down in this Directive

1. The relevant Union bodies and agencies, in particular EIGE, shall be provided with the necessary human and financial resources to fulfil the objectives, tasks and responsibilities assigned to it under this directive financed by a contribution from the general budget of the Union.

2. Member States shall ensure that sufficient public funding is provided for the measures adopted in order for them to be effectively implemented.

Amendment 56

Proposal for a directive

Article 47 – paragraph 1

Text proposed by the Commission

Amendment

1. By ... [five years after the entry into force of this Directive] at the latest, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report on the application of this Directive.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Combating violence against women and domestic violence

References

COM(2022)0105 – C9-0058/2022 – 2022/0066(COD)

Committees responsible

Date announced in plenary

LIBE

23.3.2022

FEMM

23.3.2022

Opinion by

Date announced in plenary

BUDG

23.3.2022

Rapporteur for the opinion

Date appointed

Alexandra Geese

27.4.2022

Rule 58 – Joint committee procedure

Date announced in plenary

7.7.2022

Discussed in committee

12.1.2023

Date adopted

2.3.2023

Result of final vote

–:

Members present for the final vote

Rasmus Andresen, Pietro Bartolo, Olivier Chastel, Pascal Durand, José Manuel Fernandes, Eider Gardiazabal Rubial, Alexandra Geese, Vlad Gheorghe, Valentino Grant, Francisco Guerreiro, Valérie Hayer, Eero Heinäluoma, Hervé Juvin, Moritz Körner, Camilla Laureti, Janusz Lewandowski, Margarida Marques, Siegfried Mureşan, Victor Negrescu, Andrey Novakov, Dimitrios Papadimoulis, Karlo Ressler, Bogdan Rzońca, Eleni Stavrou, Nicolae Ştefănuță, Nils Torvalds, Nils Ušakovs, Rainer Wieland

Substitutes present for the final vote

Rosa D’Amato, Jan Olbrycht, Younous Omarjee

Substitutes under Rule 209(7) present for the final vote

Christian Doleschal, Marlene Mortler

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

Key to symbols:

28.3.2023

OPINION OF THE COMMITTEE ON LEGAL AFFAIRS

for the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality

on the proposal for a directive of the European Parliament and of the Council Combating violence against women and domestic violence

(COM(2022)0105 – C90058/2022 – 2022/0066(COD))

Rapporteur for opinion: Aubry Manon

SHORT JUSTIFICATION

Violence against women and domestic violence are human rights violations and severe forms of discrimination. Violence against women and domestic violence are pervasive throughout the EU where an estimated 1 in 3 women has suffered from physical or sexual harm. Combating them is necessary to protect the core values of the European Union and fundamental rights as embedded in the EU Charter on Fundamental Rights.

The protection of victims’ rights prior and during judicial proceedings is essential to combat violence against women and domestic violence.

Against this background, the proposal of the European Commission, the first ever-proposed EU Directive to combat violence against women and domestic violence, provides a wide range of crucial measures to combat violence at all stages, from prevention to prosecution.

Nevertheless, some improvements to the Commission’s proposal could be implemented in order to strengthen the scope of the Directive.

Some of these include:

- Adding gender-based violence to the list of areas of crime under Article 83 (1) TFEU.

- The need for sufficient funding by Member States to set-up the necessary amounts of shelters in states and including women-only shelters for the protection and well-being of victims and children.

- Initial and continuing training of police and law enforcement officers on preventing and responding to violence in a gender-sensitive manner to prevent secondary victimization.

- Specialized and publicly funded support services for the victims, such as health, social services, police and justice and economic.

- Online and telephone helplines for victims to be accessible and available round-the-clock [24/7].

AMENDMENTS

The Committee on Legal Affairs calls on the Committee on Women's Rights and Gender Equality, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

Amendment

Having regard to Article 24 of the EU Charter of Fundamental Rights, as well as Article 12 of the UN Convention on the Rights of the Child of 1989 (CRC),1a

_________________

1a Convention on the Rights of the Child, United Nations, 1989

Amendment 2

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, the non-consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, online falsification, blackmail and threats, child pornography, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU 36 and 2011/93/EU 37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or intimate partners, whether or not the offender shares or has shared the same residence with the victim.

__________________

Amendment 3

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a) In order to strengthen the European stance on combatting violence against women and gender violence, it is necessary that the Union adds gender-based violence to the list of EU areas of crime under Article 83 (1) TFEU.

Amendment 4

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) Due to their vulnerability, children who witness violence against women or domestic violence suffer a direct emotional harm, which impacts their development. Such “Witnessed violence”, i.e. experiencing any form of ill-treatment, carried out through acts of physical, verbal, psychological, sexual and economic violence against reference figures or other affectively significant figures, has very serious consequences on the psychological and emotional development of the child, and can generate traumas that are sometimes permanent on the ability to interact socially during childhood and adulthood. Therefore, such children should be considered victims and benefit from targeted protection measures. It is essential to give due attention to this type of violence in separations and parental custody arrangements, taking into account the best interest of the child, in particular in order to determine custody and visitation rights in separation cases.

Amendment 5

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7) Violence against women is a persisting manifestation of structural discrimination against women in all their diversity, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.

Amendment 6

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) Domestic violence is a serious social problem which often remains hidden. It can lead to serious psychological and physical trauma with severe consequences 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. Moreover, studies have shown that such violence follows a specific escalatory pattern, which can culminate in the killing of the women. Recognising these steps and reacting at an early stage will prevent more serious violence and murders. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.

Amendment 7

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(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. 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.

(9) Victims are often still unable to fully exercise their right, and access to support services is critical to women exposed violence. Victims often face difficulties in obtaining justice due to lack of information and insufficient support and protection, and often face secondary victimisation and when claiming compensation. 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, including cyber violence in a targeted manner and caters to the specific needs of victims of such violence. 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 Council l38 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.

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Amendment 8

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(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 UN Convention on the Rights of the Child, the United Nations Convention on the Rights of Persons with Disabilities (CRPD)39a 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. It should be complemented by a full ratification and implementation by Member States of the Istanbul Convention and ILO Convention No 190 on violence and harassment in the world of work.

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39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979.

39a Convention on the Rights of Persons with Disabilities (CRPD), United Nations, 2006.

40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.

Amendment 9

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender-based violence.

Amendment 10

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission

Amendment

(11a) Special consideration should be given to vulnerable groups, including children, women and elderly. The vast majority of vulnerable persons are women who are at an increased risk of violence due to their precarious economic, social or administrative situation, isolation, place of residence or rurality, disabilities, homelessness or gender identity.

Amendment 11

Proposal for a directive

Recital 24

Text proposed by the Commission

Amendment

(24) Victims should be able to report crimes of violence against women or domestic violence easily without being subject to secondary or repeat victimisation. To this end, Member States should provide the possibility to submit complaints in addition to in-person reporting online or through other information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour.

Amendment 12

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(25) In the case of domestic violence and violence against women, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against women affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that a gender-responsive and child-responsive risk assessment and risk management is conducted, and that tailored safety, protection and support measures are immediately adopted. Member States should ensure that reporting professionals they are not held liable for breach of confidentiality while ensuring that the victim’s privacy is safeguarded and that they are protected against possible retaliation

Amendment 13

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established. This can include questioning by competent authorities in simple and accessible language. Participation in court proceedings should take place in a comfortable environment so as not to cause additional trauma or stress for the child and to minimise the psychological and emotional impact of such circumstances, and be appropriate for the age, maturity and language skills of the child in terms of language and content.

Amendment 14

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

Amendment 15

Proposal for a directive

Recital 27 a (new)

Text proposed by the Commission

Amendment

(27a) In many cases, the close connection between criminal, civil and other legal proceedings need to be recognised in order to coordinate the judicial and other legal responses to child and intimate partner violence. Member States should adopt measures to link criminal and civil cases involving an individual family and children in order to effectively prevent any discrepancies between judicial and other legal decisions that are harmful to children. The best interests of the child should always be the primary consideration in all decisions concerning children.

Amendment 16

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28) Victims of domestic violence and violence against women are typically in need of immediate protection or specific support, for example in the case of intimate partner violence, where the rate of recidivism tends to be high. Therefore, an individual assessment to identify the victim’s protection needs should be conducted upon the very first contact of competent authorities with the victim or as soon as suspicion arises that the person is a victim of violence against women or domestic violence. This can be done before a victim has formally reported an offence or proactively if a third party reports the offence. Member States should ensure that the corresponding competent authority has sufficient human and financial resources to conduct individual assessments, including by cooperating with other agencies and support services (health, social services, etc.). Under no circumstances women should be forced to engage in any intervention with an authority or agency against their will nor rushed into any process. When the victim of violence is a child, protection and support should also extend to non-violent parents or guardians.

Amendment 17

Proposal for a directive

Recital 29

Text proposed by the Commission

Amendment

(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. Such circumstances requiring special attention could include the victim’s pregnancy, disabilities or the victim’s economic, familial or other dependence on or relationship to the offender.

Amendment 18

Proposal for a directive

Recital 45

Text proposed by the Commission

Amendment

(45) Tailored and quality assistance and support to victims of violence against women and domestic violence should be available and provided before, during and as long as needed violence occurred, the criminal proceedings and relevant civil proceedings have ended, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk in particular due to the statements made by the victim in those proceedings. Such assistance and support should be provided free of charge and with the possibility of recovering the costs from the offender.

Amendment 19

Proposal for a directive

Recital 47

Text proposed by the Commission

Amendment

(47) Specialist support should offer victims quality and free support tailored to their specific needs, and irrespective of any official complaint. Such services could be provided in addition to, or as an integrated part of, general victim support services, such as health, police and justice, housing and social services which may call on existing entities providing specialist support. Specialist support may be provided by national authorities, victims’ support organisations, or other non-governmental organisations. They should be granted sufficient human and financial resources and, where the services are provided by non-governmental organisations, Member States should ensure that they receive appropriate funds.

Amendment 20

Proposal for a directive

Recital 48

Text proposed by the Commission

Amendment

(48) Victims of domestic violence and violence against women typically have multiple protection and support needs. In order to address these effectively, Member States should provide such services at the same premises, or have such services coordinated through a central contact point. To ensure also victims in remote areas or unable to physically reach such centres are reached, Member States should provide for online access to such services that are reachable round-the-clock 24/7. This should entail setting up a single and updated website where all relevant information on and access to available support and protection services is provided (one-stop online access). The website should follow accessibility requirements for persons with disabilities.

Amendment 21

Proposal for a directive

Recital 50

Text proposed by the Commission

Amendment

(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care, services operated by gynaecologists and obstetricians where needed, and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, as well as victims of intersex genital mutilation, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.

Amendment 22

Proposal for a directive

Recital 52

Text proposed by the Commission

Amendment

(52) Member States should ensure that national helplines is widely advertised as a public number, free of charge and available round-the-clock (24/7). The support provided should include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police.

Amendment 23

Proposal for a directive

Recital 53

Text proposed by the Commission

Amendment

(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 situation and the well-being of their children, ultimately preparing victims for an autonomous life. Women-only 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 for women and children by means of community, educational, financial, health and legal support and ultimately preparing victims for an autonomous life. Member States should increase the number of shelters, especially in rural and vulnerable areas, to ensure that appropriate, easily accessible shelters in sufficient numbers are set up. Shelters need to be easily and immediately accessible when victims need them so that victims can turn directly to the shelter. Member States should ensure enough funding to set up the necessary amount of shelters in their territories.

Amendment 24

Proposal for a directive

Recital 54

Text proposed by the Commission

Amendment

(54) Growing up in a violent domestic environment has very negative implications for the child’s physical, emotional and social development and subsequent behaviour as an adult. Exposure to violence as a child, either through experiencing maltreatment and/or witnessing partner violence, constitutes a risk factor for becoming vulnerable to victimisation, committing violence as an adult or experiencing behavioural, physical or mental health problems. To effectively address negative consequences for child victims, support measures to children should include age-appropriate psychological counselling, together with paediatric care where necessary, and be provided as soon as competent authorities have reasonable grounds to believe that children might have been victims, including child witnesses of violence. In the provision of support to child victims, the rights of the child, as laid down in Article 24 of the Charter, should be a primary consideration. Cooperation between competent authorities and venues which the child visits frequently, such as school, should be ensured, both to support the child and provide due support for other children and parents.

Amendment 25

Proposal for a directive

Recital 55

Text proposed by the Commission

Amendment

(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should always assess if it is in the best interest of the child to uphold such rights to access prior to visits. In case of a positive assessment, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. If needed, the visits should take place in the presence of adequately trained child protection or welfare workers who are able to inform the child on the situation and reassure it in a child-sensitive language. Where it is necessary to provide for interim accommodation, children should as a priority be heard and be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child and, where possible, its wishes should be always taken into account.

Amendment 26

Proposal for a directive

Recital 56

Text proposed by the Commission

Amendment

Amendment 27

Proposal for a directive

Recital 57 a (new)

Text proposed by the Commission

Amendment

(57a) Preventative policies and measures should aim to eliminate gender inequalities, exclude customs and traditions steeped in sexism, deconstruct prejudices and sexist stereotypes, avoid gender-based violence, including sexual and marital violence. These policies should aim at reducing identified factors and risks, particularly for vulnerable persons, and encouraging changes in mentality and behaviour through education, awareness raising and information.

Amendment 28

Proposal for a directive

Recital 58

Text proposed by the Commission

Amendment

(58) Member States should ensure that preventive measures, such as long-term awareness-raising campaigns or promoting pro-social behaviours, are taken to counter violence against women and domestic violence. Prevention should also take place in formal education, through an adequate, training for teachers and other relevant persons, as well as through multi-annual initiatives and activities aimed at actively involving students, in particular, through strengthening gender equality, sexuality education and socio-emotional competencies, empathy and developing healthy and respectful relationships. Preventive measures should be grounded in human rights and gender equality, and based on the ecological model of violence and empirical evidence of their effectiveness. They should be carried out by qualified prevention workers. Member States are encouraged to adapt education programmes that are identified as effective or promising in preventing violence against women and domestic violence include school-based programmes to prevent child sexual abuse or dating violence, bystander intervention programmes and community-based programmes to transform gender norms.

Amendment 29

Proposal for a directive

Recital 60

Text proposed by the Commission

Amendment

(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, in particular for judges, lawyers, law enforcement, social and medical workers, frontline and volunteer workers, social workers, teachers and child carers Trainings should cover, among other things, interdisciplinary meetings modules, evaluation of risk factors and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. A clear gender perspective should be incorporated in all protocols, guidelines and procedures system-wide. To prevent and appropriately address instances of sexual harassment at work. In particular, persons in management functions and those with supervisory functions should also receive training. These trainings should also cover assessments regarding 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 by a patient.

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Amendment 30

Proposal for a directive

Recital 60 a (new)

Text proposed by the Commission

Amendment

(60a) In order to prevent secondary victimisation, Member States should provide judicial and law enforcement officers working on criminal as well as civil proceedings with initial and continuing training on preventing and responding to gender-based violence. In particular, training for authorities should focus on harmful gender stereotypes, gender-based violence and its mechanisms, including manipulation, hold, psychological violence and coercive control, assault, recidivism of perpetrators and the relevance of violence against women to children’s rights. Adequate tools should be provided to the officers to enable them to assess the situation using reliable risk assessment tools.

Amendment 31

Proposal for a directive

Recital 61

Text proposed by the Commission

Amendment

(61) In order to counteract women’s reticence on reporting and, consequently, the problem of underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, as well as provide for adequate places, within law enforcement and helplines for the proper reception of testimonies of women reporting offences of violence but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims. Member States should ensure that such training programs are adequately funded.

Amendment 32

Proposal for a directive

Recital 62

Text proposed by the Commission

Amendment

(62) Intervention programmes should be set up to prevent and minimise the risk of (repeated) offences of violence against women or domestic violence. The programmes should specifically aim at teaching offenders or those at risk of offending especially where minors are affected how to adopt non-violent behaviour in interpersonal relationships, which is respectful of every person and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women.

Amendment 33

Proposal for a directive

Recital 65

Text proposed by the Commission

Amendment

(65) 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 for data collection. 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, including socially and economically vulnerable groups and disabled women as well as minors, and domestic violence and design new policy strategies in this field. When sharing the data collected, no personal data should be included.

Amendment 34

Proposal for a directive

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex or gender and other grounds so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5) and Article 37(7).

Amendment 35

Proposal for a directive

Article 2 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Member States should ensure that, when implementing this Directive, special consideration is given to vulnerable persons, the vast majority of whom are women and children.

Amendment 36

Proposal for a directive

Article 2 – paragraph 2

Text proposed by the Commission

Amendment

Amendment 37

Proposal for a directive

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

This Directive should be taken into account when deciding on parental responsibility, parental authority and its organisation in cases of domestic violence, while ensuring the safety of the victim and the children.

Amendment 38

Proposal for a directive

Article 3 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

This Directive should be taken into account, in the public and private sectors, the prevention, handling and punishment of offenders of gender-based and sexual violence at work.

Amendment 39

Proposal for a directive

Article 4 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) “gender” means the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for men and women;

Amendment 40

Proposal for a directive

Article 4 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) “victim” means any person, regardless of sex or gender, unless specified otherwise, who has suffered harm, which was directly caused by acts of violence covered under this Directive, including child witnesses of such violence;

(c) “victim” means any person, regardless of sex, gender or age, unless specified otherwise, who has suffered harm, which was directly caused by acts of violence covered under this Directive, including child witnesses of such violence;

Amendment 41

Proposal for a directive

Article 4 – paragraph 1 – point j

Text proposed by the Commission

Amendment

(j) “dependant” means a child of the victim or any person, other than the offender or suspect, living in the same household as the victim, for whom the victim is providing care and support.

(j) “dependant” means a child of the victim or any person, other than the offender or suspect, living in the same household as the victim on a part-time or a full-time basis, for whom the victim is providing care and support.

Amendment 42

Proposal for a directive

Article 4 – paragraph 1 – point j a (new)

Text proposed by the Commission

Amendment

(ja) “witnessed violence” means the experience by a child of one of the forms of abuse through acts of violence referred to in points (a) and (b) against reference figures, family members or other figures of significance in the household.

Amendment 43

Proposal for a directive

Article 4 – paragraph 1 – point j b (new)

Text proposed by the Commission

Amendment

(jb) “parental responsibility”' means all rights and duties relating to the person or the property of a child which are given to a natural or legal person by judgment, by operation of law or by an agreement having legal effects, including rights of custody and rights of access.

Amendment 44

Proposal for a directive

Article 4 – paragraph 1 – point j c (new)

Text proposed by the Commission

Amendment

(jc) “prevention policies and measures” means all actions, attitudes that tend to eliminate inequalities between women and men and their harmful consequences on their children;

Amendment 45

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’s consent given voluntarily, an act committed using coercion or an act where the woman is unable to form a free will due to her physical or mental condition, thereby exploiting her incapacity to form a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability or inability to defend herself.

Amendment 46

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’s explicit consent given voluntarily or where the woman is unable to form a free will due to her physical or mental condition, thereby exploiting her incapacity to form a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability.

Amendment 47

Proposal for a directive

Article 13 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the offence was committed against a person made vulnerable by particular circumstances, such as pregnancy, a situation of dependence or a state of physical, mental, intellectual or sensory disability, or living in institutions;

Amendment 48

Proposal for a directive

Article 13 – paragraph 1 – point l a (new)

Text proposed by the Commission

Amendment

(la) the offence was committed against a victim who was under the care, protection or guard of the offender or was being taught or treated by them;

Amendment 49

Proposal for a directive

Article 13 – paragraph 1 – point m

Text proposed by the Commission

Amendment

(m) the offence was committed by abusing a recognised position of trust, authority or influence;

(m) the offence was committed by abusing a recognised position of trust, authority or influence, for instance that of a legal guardian;

Amendment 50

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

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, can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner, in separate, safe and reserved places. This shall include the possibility of reporting criminal offences via a free telephone helpline as well as 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. They shall take the necessary measures to ensure an appropriate reception for victims and provide each competent authority with contact persons on violence, including at least one woman.

Amendment 51

Proposal for a directive

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that offences of violence against women or domestic violence have occurred, or that further acts of violence are to be expected, to report in a confidential way this to the competent authorities. Member States shall guarantee that the victim is informed about these third-party reports in a timely manner and that a gender- and child- responsive risk assessment, risk management and safety planning are conducted and implemented before active steps are taken against the perpetrator to ensure the safety of the woman and her children, unless the urgency of the situation requires otherwise.

Amendment 52

Proposal for a directive

Article 16 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. In particular, if the victim is a child, the relevant professionals shall timely report to the competent authorities if they have reasonable grounds to believe that an act of violence covered under this Directive has been committed or further acts of violence are to be expected. When competent authorities receive such a report, they shall ensure that the victim’s privacy is safeguarded and that they are protected against possible retaliation.

Amendment 53

Proposal for a directive

Article 16 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall take the necessary measures to encourage and simplify the possibility for minors to report to the authorities. Where children report criminal offences of violence against women or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. If the offence involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.

Amendment 54

Proposal for a directive

Article 16 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. When disabled women report criminal offences of violence, including those living in institutions, Member States shall ensure that the reporting procedures are safe, confidential and accessible, including through the use of Braille and sign language. This may also include the possibility of reporting criminal offences in hospitals or relevant associations. If the offence involves the legal guardian, Member States shall ensure reporting is not conditional upon this person’s consent.

Amendment 55

Proposal for a directive

Article 16 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States shall ensure that the competent authorities coming in contact with a victim reporting offences of violence against women, of domestic violence or of cyberviolence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities. If a victim is a migrant or refugee, the relevant professional shall be able to report to the competent authorities in a safe and accessible manner, and shall ensure sufficient protection measures and access to justice.

Amendment 56

Proposal for a directive

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient human and financial resources, expertise and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.

Amendment 57

Proposal for a directive

Article 17 – paragraph 4

Text proposed by the Commission

Amendment

4. The competent authorities shall promptly refer victims to relevant health care, professionals, including appropriate psychological and mental healthcare, or support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services. Professionals dealing with such cases shall be trained in a targeted way to be able to approach all forms of violence and its mechanisms, focusing on the needs and concerns of victims as a priority.

Amendment 58

Proposal for a directive

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

2. This individual assessment shall be initiated upon the first contact of the victim with the competent authorities also in order to ensure the safety and protection of victims. The competent judicial authorities shall verify at the latest at the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall remedy the situation by undertaking an assessment as soon as possible.

Amendment 59

Proposal for a directive

Article 18 – paragraph 3

Text proposed by the Commission

Amendment

3. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, likelihood of the victim returning to the offender or suspect, the degree of control exercised by the offender or suspect on the victim and its potential effect on the evidence, the risk of bodily harm, the use of weapons, the offender or suspect living with the victim, the involvement of children, the economic dependance of the victim or suspect, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues or behaviour of stalking.

Amendment 60

Proposal for a directive

Article 18 – paragraph 4

Text proposed by the Commission

Amendment

4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex, age and disability or other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.

Amendment 61

Proposal for a directive

Article 18 – paragraph 6

Text proposed by the Commission

Amendment

6. The individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as victim protection centres, civil society organisations, including where such services are provided by non-governmental organisations, and women’s and children’s welfare services shelters, social services and healthcare professionals. Psychophysical support shall be provided to the victim, particularly during and after questioning procedures, taking into account the emotional tensions associated with the circumstances, and designed to prevent risk factors which could lead to further violent offences.

Amendment 62

Proposal for a directive

Article 20 – paragraph 3

Text proposed by the Commission

Amendment

3. Where needed, they shall be able to refer child victims, including witnesses, to support services without the prior consent of the holder of parental responsibility.

3. Where needed in the best interest of the child, they shall be able to refer child victims, including witnesses, to adequate support services without the prior consent of the holder of parental responsibility.

Amendment 63

Proposal for a directive

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

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 or coming nearby the residence or to enter 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. The competent authorities shall also ensure that victims have an immediate contact and/or access to the police through telephone alerts, emergency call services or any other such mechanisms that are free-of-charge and round-the-clock (24/7).

Amendment 64

Proposal for a directive

Article 21 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Member States shall take measures to introduce the use of electronic monitoring to ensure the enforcement of such orders.

Amendment 65

Proposal for a directive

Article 21 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. In situations of domestic violence by a spouse or ex-spouse, or by a partner or ex-partner or situations of violence against children, the competent authorities shall ensure that priority is given to the removal and safety of women with their children and shall facilitate it.

Amendment 66

Proposal for a directive

Article 21 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that the competent authorities can issue restraining or protection orders to provide long-term protection for victims or their dependants against any acts of violence covered by this Directive, including by prohibiting or restraining certain dangerous behaviour of the offender or suspect.

2. Member States shall ensure that the competent authorities can issue restraining or protection orders to provide genuine and effective long-term protection for victims or their dependants against any acts of violence covered by this Directive, including by prohibiting or restraining certain dangerous behaviour of the offender or suspect.

Amendment 67

Proposal for a directive

Article 21 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. When a child is a victim or is in danger of becoming a victim of violence, whether directly or as a witness, of an offender or suspect who is a holder of parental responsibility with rights of access, Member States shall ensure that priority is given to the removal and safety of women with their children and shall facilitate it.

Amendment 68

Proposal for a directive

Article 22 – paragraph 1

Text proposed by the Commission

Amendment

Without prejudice to the rights of defence, Member States shall ensure that, in criminal investigations and court proceedings, questions, enquiries and evidence concerning past sexual conduct of the victim or other aspects of the victim’s private life related thereto are not permitted.

Without prejudice to the rights of defence, Member States shall ensure the protection, in criminal investigations and court proceedings, of the victim's right to privacy and, in particular, to personal integrity, with any questions, enquiries and evidence concerning past sexual conduct of the victim or other aspects of the victim’s private life related thereto not being permitted.

Amendment 69

Proposal for a directive

Article 23 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall issue guidelines for the competent authorities acting in criminal and, where relevant, civil proceedings including civil liability, divorce, termination of a legal partnership or custody proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence, including child witnesses of such violence. Those guidelines shall be developed in close cooperation with specialised services and civil society organisations working on women’s and children’s rights and shall include guidance on:

Amendment 70

Proposal for a directive

Article 23 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) how to treat victims in a trauma-, disability- gender- and child-sensitive manner, always ensuring the child’s right to be heard and its best interest;

Amendment 71

Proposal for a directive

Article 24 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) provide independent assistance and advice to victims of violence against women and domestic violence;

(a) provide free and independent assistance and advice to victims of violence against women and domestic violence;

Amendment 72

Proposal for a directive

Article 24 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) publish independent reports and make recommendations on any issue relating to such forms of violence;

(b) publish independent reports and make recommendations on any issue relating to such forms of violence including identifying existing best practice;

Amendment 73

Proposal for a directive

Article 26 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence.

Amendment 74

Proposal for a directive

Article 26 a (new)

Text proposed by the Commission

Amendment

Article 26a

Implications of gender based violence in civil law proceedings

1. Whenever a person has been found guilty of criminal conduct which amounts to violence against women or domestic violence as criminalised under Union or national law, Member States are encouraged to consider as irrefutable proof in relevant civil proceedings, including civil liability, divorce, termination of a legal partnership or custody proceedings.

2. Member States shall be encouraged to ensure that incidents of gender based violence lead to an automatic revision of prior decisions with regard to parental responsibility, custody and access rights, and are taken into account in any future proceedings.

When a child is a victim of violence or is at risk of becoming a victim, whether direct or as a witness, of an offender or suspect who is a holder of parental responsibility with rights of access, Member States shall ensure that such access rights are immediately suspended or terminated respectively. Member States shall ensure that the best interests of the child are always the primary consideration in all decisions concerning children.

Amendment 75

Proposal for a directive

Article 26 b (new)

Text proposed by the Commission

Amendment

Article 26b

Legal aid

1 Member States shall take the necessary measures to ensure effective access to justice and to legal information, as soon as a complaint is lodged and throughout all relevant for all victims.

2. Member States, in accordance with Directive (EU) 2012/29, shall ensure that when a complaint is lodged or proceedings are initiated in their jurisdiction, legal aid and support measures are provided regardless of the place of residence of victims.

3. Where possible, the amount of aid granted for the defence of the victim shall not be less than the amount granted for the defence of the offender or suspect.

Amendment 76

Proposal for a directive

Article 27 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Member States shall ensure that free specialist support services referred to in Article 9(3) of Directive 2012/29/EU are available for victims of acts of violence covered by this Directive. The specialist support services shall provide;

Amendment 77

Proposal for a directive

Article 27 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) advice and information on any relevant legal or practical matters arising as a result of the crime, including on access to appropriate and accessible housing, education, training and assistance to remain in or find employment;

Amendment 78

Proposal for a directive

Article 27 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) referrals to medical forensic examinations;

(b) referrals to medical and psychological expertise, and medical forensic examinations;

Amendment 79

Proposal for a directive

Article 27 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) support to victims of cyber violence, including advice on judicial remedies and remedies to remove online content related to the crime.

(c) support to victims of cyber violence, including advice on judicial remedies and remedies to remove online content related to the crime;

Amendment 80

Proposal for a directive

Article 27 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) the additional specific support needed when a child witnessed the violence.

Amendment 81

Proposal for a directive

Article 27 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure sufficient human and financial resources to provide the services referred to in paragraph 1, especially those referred to in point (b) and (c) of that paragraph, including where such services are provided by non-governmental organisations.

Amendment 82

Proposal for a directive

Article 27 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States shall issue guidelines and protocols for healthcare and social service professionals and volunteers, drawn from best practices at an Union level, on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds of discrimination. Affected persons and communities shall be meaningfully included in developing such guidelines and protocols, directly or through their representatives and representative organisations.

Amendment 83

Proposal for a directive

Article 27 – paragraph 7

Text proposed by the Commission

Amendment

7. Member States shall ensure that specialist support services are available to victims before, during and for an appropriate time after criminal proceedings.

7. Member States shall ensure that specialist support services are available to victims before, during and as long as needed after the violence occurred and free of charge, for criminal proceedings as well as relevant civil proceedings.

Amendment 84

Proposal for a directive

Article 28 – paragraph 1

Text proposed by the Commission

Amendment

Amendment 85

Proposal for a directive

Article 28 – paragraph 2

Text proposed by the Commission

Amendment

2. The services referred to in paragraph 1 shall be available free of charge and accessible every day of the week. They may be part of the services referred to in Article 27.

2. The services referred to in paragraph 1 shall be available free of charge and accessible round-the-clock (24/7) every day of the week. They may be part of the services referred to in Article 27.

Amendment 86

Proposal for a directive

Article 28 – paragraph 4

Text proposed by the Commission

Amendment

4. Article 27(3) and (6) shall apply to the provision of support for victims of sexual violence.

4. Article 27(3), (6) and (7) shall apply to the provision of support for victims of sexual violence.

Amendment 87

Proposal for a directive

Article 29 – paragraph 2

Text proposed by the Commission

Amendment

2. Article 27(3) and (6) and Article 28(2) shall be applicable to the provision of support for victims of female genital mutilation.

2. Article 27(3), (6) and (7) and Article 28(2) shall be applicable to the provision of support for victims of female genital mutilation.

Amendment 88

Proposal for a directive

Article 29 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure a sufficient geographical distribution and capacity of these services across the Member State.

3. Member States shall ensure a sufficient geographical distribution and capacity of these services across the Member State, with particular attention to making services accessible to women in rural and remote areas in a safe and confidential manner.

Amendment 89

Proposal for a directive

Article 30 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall ensure external independent counselling services are available for victims and employers in cases of sexual 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 wishes.

Amendment 90

Proposal for a directive

Article 31 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure, and provide all resources for the establishment, at a national level, of specialised telephone helplines, or shall support the development of existing national helplines in those Member States they exist, to provide counselling, support advice and information to for victims of violence against women and domestic violence. The helplines shall be round-the-clock (24/7), free of charge and staffed with a sufficient number of counsellors. The counselling, advice and information shall cover all forms of violence against women, including domestic violence, and child witnesses of such violence. Such helplines and services shall be run by or with the support of specialised services, and be able to direct victims to the necessary medical, legal and security services. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications

Amendment 91

Proposal for a directive

Article 31 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that the persons working on helplines and other channels are trained to be responsive, taking into account an intersectional approach. Member States shall take appropriate measures to ensure the accessibility of services referred to in paragraph 1 for end-users with disabilities, children and to women who do not speak the official language or languages of the Member State, including providing support in easy to understand language and interpretation. Those services shall be accessible in line with the accessibility requirements for electronic communications services set in Annex I to Directive 2019/882/EU of the European Parliament and of the Council52 .

__________________

52 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services, OJ L 151, 7.6.2019, p. 70–115.

Amendment 92

Proposal for a directive

Article 31 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Member States shall ensure permanent financial support for existing national helplines without putting them in competition with each other, and without the European number replacing existing numbers. A European number shall be set up in Member States where national helplines do not exist and may be set up in Member States where a complementary number would benefit potential victims.. It should be clearly differentiated from other existing numbers for other crimes and general support services.

Amendment 93

Proposal for a directive

Article 31 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3b. Member States shall provide for the possibility to keep existing national numbers, organise the transfer of calls from other Union countries to existing numbers, and assign directly, without a call for tenders, the harmonised European number to organisations already in charge of telephone helplines at the national level in order to ensure good continuity of service.

Amendment 94

Proposal for a directive

Article 31 – paragraph 4

Text proposed by the Commission

Amendment

deleted

Amendment 95

Proposal for a directive

Article 32 – paragraph 1

Text proposed by the Commission

Amendment

1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.

1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence, including disabled women and child victims of such violence. Victims shall have priority access to specialised shelters for women and/or single sex shelters, staffed by trained professionals. They shall assist them in their recovery, providing safe, adequate and appropriate living conditions with a view on a return to independent living and emancipation. Shelters shall be able to direct victims to all necessary services, such as medical or legal assistance. They shall also be adapted to allow for children to stay with the holder for parental responsibility who is not an offender nor suspect of violence.

Amendment 96

Proposal for a directive

Article 32 – paragraph 3

Text proposed by the Commission

Amendment

3. The shelters and other appropriate interim accommodations shall be available to victims regardless of their nationality, citizenship, place of residence or residence status.

3. The shelters and other appropriate interim accommodations shall be available to victims and their dependants regardless of their nationality, citizenship, place of residence or residence status.

Amendment 97

Proposal for a directive

Article 32 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Member States shall provide direct financial assistance to the competent authority to ensure that sufficient, accessible, safe and necessary amount of shelters are present for victims when they need them. Member States shall provide for an evaluation of the implementation of the above provisions by an independent body, with particular attention to the human and financial resources allocated by public operators.

Amendment 98

Proposal for a directive

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that children are provided specific adequate support as soon as the competent authorities have reasonable grounds to believe that the children might have been subject to, including having witnessed, violence against women or domestic violence. Adequate support to children shall be specialised and age-appropriate, respecting the best interests of the child, and taking into account any relevant other specific needs including language skills, disability and other relevant intersecting issues.

Amendment 99

Proposal for a directive

Article 33 – paragraph 2

Text proposed by the Commission

Amendment

2. Child victims shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored to their specific and individual needs, in particular to situations of domestic violence, regardless of whether they are witnesses or victims of violence.

Amendment 100

Proposal for a directive

Article 33 – paragraph 3

Text proposed by the Commission

Amendment

3. Child victims shall be given priority for safety with the non-offending parent. Where it is necessary to provide for interim accommodation, children shall as a priority be placed together with other family members, in particular with a non-violent parent, or guardian, or in their absence, with a close relative, in permanent or temporary housing, equipped with support services. In such cases, siblings shall not be separated. Children shall be heard and allowed to express their views on such placement in accordance with their age, maturity and language skills and where possible, their will shall be taken into consideration. In the interest of the victims and the child, the solution to stay in the family and be taken into consideration and placement in shelters shall be a last resort.

Amendment 101

Proposal for a directive

Article 33 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. Member States shall ensure that the best interests of the child are always the primary consideration in all decisions concerning children, in particular in order to determine custody and visitation rights in separation cases concerning violence.

Amendment 102

Proposal for a directive

Article 34 – paragraph 1

Text proposed by the Commission

Amendment

Without prejudice to article 26a and only in case of a positive assessment with regard to the best interest of the child concerned, Member States shall establish and maintain safe, child-friendly places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against women or domestic violence, to the extent that the latter is able to exercise the rights of access, this right of access may be curtailed or adapted in the best interests of the child, as decided by the court or other competent authority, also a part of interim measures. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child. Member States may in accordance with national law develop systems to allow third persons and associations to take care of the children and reduce the exposure of victims if their former partner has retained a right to visit, accommodation or shared custody rights.

Amendment 103

Proposal for a directive

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

Amendment 104

Proposal for a directive

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

Amendment 105

Proposal for a directive

Article 36 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall take appropriate actions to prevent violence against women and domestic violence.

1. Member States shall take appropriate actions to prevent and eradicate all forms of violence against women and domestic violence. Prevention policies and measures shall cover primary, secondary and tertiary action. Primary prevention shall focus on reducing vulnerability before violence occurs, secondary prevention shall focus on identifying violence and intervening to disrupt it as early as possible and tertiary prevention shall cover long-term intervention to reduce the negative impact of violence and prevent reoffending. Member States shall coordinate, finance and evaluate the three approaches, in civil society organisations, including where such services are provided by non-governmental organisations.

Amendment 106

Proposal for a directive

Article 36 – paragraph 2

Text proposed by the Commission

Amendment

2. Preventive measures shall include long-term awareness-raising campaigns for all ages to deconstruct gender stereotypes, behaviours that fully respect gender equality and dignity, training for teachers and other relevant persons, research into the risk factors favouring violence against women, including domestic violence, and protection mechanisms and programme evaluation and education programmes. Member States shall ensure meaningful involvement and cooperation with all stakeholders, including relevant civil society organisations, social partners, as well as impacted communities, such as youth associations and organisations. These prevention measures should be evidence-based, apply a human rights and life-span approach, be based on gender equality and be implemented by trained prevention workers.

Amendment 107

Proposal for a directive

Article 36 – paragraph 3

Text proposed by the Commission

Amendment

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, in different formats accessible to persons with disabilities, through different media and in appropriate language and language levels.

Amendment 108

Proposal for a directive

Article 36 – paragraph 4

Text proposed by the Commission

Amendment

4. Targeted action shall be addressed to groups at risk, including children, according to their age, and maturity and language skills, and persons with disabilities, taking into consideration language barriers and different levels of literacy and abilities. Information for children shall be formulated in a child-friendly way.

Amendment 109

Proposal for a directive

Article 36 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Member States shall take appropriate measures to encourage that sexuality education, emotional life and reproductive health, including the promotion of gender equality and non-discrimination, is promoted throughout the school system. Member States shall also encourage the need for gender equality and non-discrimination to have a central place in education.

Amendment 110

Proposal for a directive

Article 36 – paragraph 5

Text proposed by the Commission

Amendment

5. Preventive measures shall in particular aim at raising awareness on the concept of consent, empowering and emancipating women and girls in all their diversity, challenging harmful gender stereotypes, promoting gender equality, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive. Preventive measures shall also aim at removing, as far as possible, any economic barriers that might induce a woman not to report the violence she has suffered.

Amendment 111

Proposal for a directive

Article 36 – paragraph 7

Text proposed by the Commission

Amendment

7. Preventive measures shall also specifically address cyber violence. In particular, Member States shall ensure that education measures include information on the commission of offences and the criminal sanctions available, as well as the development of digital literacy skills, including critical engagement with the digital world, to enable users to identify and address cases of cyber violence, seek support and prevent its perpetration. Member States shall foster multidisciplinary and stakeholder cooperation, including intermediary services and competent authorities to develop and implement measures to tackle cyber violence.

Amendment 112

Proposal for a directive

Article 36 – paragraph 8

Text proposed by the Commission

Amendment

8. Member States shall ensure that sexual harassment at work is addressed in relevant national policies and company policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where workers are most exposed. Specialised support services, including when those services are provided by non-governmental organisations shall be involved in the development of the relevant national legislation and policies and trainings.

Amendment 113

Proposal for a directive

Article 37 – paragraph 1

Text proposed by the Commission

Amendment

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, child and healthcare professionals, social services, educational and other relevant staff, receive initial and continued training as well as 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. Such training shall be developed and organised in cooperation with specialised services, civil society organisations, including where such services are provided by non-governmental organisations, working on women’s and children’s rights.

Amendment 114

Proposal for a directive

Article 37 – paragraph 2

Text proposed by the Commission

Amendment

Amendment 115

Proposal for a directive

Article 37 – paragraph 6

Text proposed by the Commission

Amendment

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.

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, in particular in the case of child witnesses of violence and disabled women.

Amendment 116

Proposal for a directive

Article 37 – paragraph 7

Text proposed by the Commission

Amendment

7. Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex and other grounds.

7. Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall increase the sensitivity about the pattern of gradual escalation of violence against women and domestic violence which can culminate in the killing of women. They include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex and other grounds, as well as on how to identify and act on the pattern of gradual escalation.

Amendment 117

Proposal for a directive

Article 41 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, organisations working with persons in a vulnerable situation or with a heightened risk of domestic abuse, and community-based organisations, 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 118

Proposal for a directive

Article 41 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, including child witnesses of such 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 119

Proposal for a directive

Article 42 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall facilitate the taking of self-regulatory measures by providers of intermediary services in connection to this Directive, in particular to reinforce internal mechanisms to tackle and timely remove the illegal the online material referred to in Article 25(1) and to improve the training of their employees concerned on preventing, assisting and supporting the victims of the offences referred to therein.

Amendment 120

Proposal for a directive

Article 43 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) exchanging best practices and consulting each other in individual cases, including through Eurojust and the European Judicial Network in criminal matters;

(a) exchanging best practices, including on preventive measures as referred to in article 36, in particular education programmes, and consulting each other in individual cases, including through Eurojust and the European Judicial Network in criminal matters;

Amendment 121

Proposal for a directive

Article 43 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) providing assistance to Union networks working on matters directly relevant to violence against women and domestic violence.

(c) providing assistance to Union networks working on matters directly relevant to violence against women and domestic violence, including child witnesses of such violence.

Amendment 122

Proposal for a directive

Article 44 – paragraph 1

Text proposed by the Commission

Amendment

Amendment 123

Proposal for a directive

Article 44 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The statistics shall include the following data disaggregated by sex, age of the victim and of the offender, relationship between the victim and the offender and type of offence:

2. The statistics shall include the following data disaggregated by sex, age, belonging to a vulnerable group and disability of the victim and of the offender, relationship between the victim and the offender and type of offence:

Amendment 124

Proposal for a directive

Article 46 – paragraph 1

Text proposed by the Commission

Amendment

This Directive establishes minimum rules. Member States may introduce or maintain provisions with higher standards, including such which provide a higher level of protection and support for victims.

This Directive establishes minimum rules. Member States may introduce or maintain provisions and procedural guarantees with higher standards, including such which provide a higher level of protection and support for victims.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Combating violence against women and domestic violence

References

COM(2022)0105 – C9-0058/2022 – 2022/0066(COD)

Committees responsible

Date announced in plenary

LIBE

23.3.2022

FEMM

23.3.2022

Opinion by

Date announced in plenary

JURI

7.4.2022

Rapporteur for the opinion

Date appointed

Manon Aubry

13.7.2022

Rule 58 – Joint committee procedure

Date announced in plenary

7.7.2022

Discussed in committee

26.10.2022

9.1.2023

28.2.2023

Date adopted

21.3.2023

Result of final vote

–:

Members present for the final vote

Pascal Arimont, Manon Aubry, Ilana Cicurel, Virginie Joron, Sergey Lagodinsky, Gilles Lebreton, Maria-Manuel Leitão-Marques, Karen Melchior, Raffaele Stancanelli, Marie Toussaint, Adrián Vázquez Lázara, Axel Voss, Marion Walsmann, Tiemo Wölken, Lara Wolters

Substitutes present for the final vote

Daniel Buda, Pascal Durand, Antonius Manders, Emil Radev, René Repasi

Substitutes under Rule 209(7) present for the final vote

Frances Fitzgerald, Fabienne Keller

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

Key to symbols:

PROCEDURE – COMMITTEE RESPONSIBLE

Title

Combating violence against women and domestic violence

References

COM(2022)0105 – C9-0058/2022 – 2022/0066(COD)

Date submitted to Parliament

9.3.2022

Committees responsible

Date announced in plenary

LIBE

23.3.2022

FEMM

23.3.2022

Committees asked for opinions

Date announced in plenary

BUDG

23.3.2022

EMPL

23.3.2022

IMCO

23.3.2022

JURI

7.4.2022

Not delivering opinions

Date of decision

IMCO

20.4.2022

Associated committees

Date announced in plenary

EMPL

7.7.2022

Rapporteurs

Date appointed

Evin Incir

9.8.2022

Frances Fitzgerald

9.8.2022

Rule 58 – Joint committee procedure

Date announced in plenary

7.7.2022

Legal basis disputed

Date of JURI opinion

JURI

27.6.2023

Discussed in committee

12.1.2023

28.2.2023

Date adopted

28.6.2023

Result of final vote

–:

Members present for the final vote

Isabella Adinolfi, Konstantinos Arvanitis, Malik Azmani, Pietro Bartolo, Robert Biedroń, Theresa Bielowski, Vladimír Bilčík, Malin Björk, Vasile Blaga, Vilija Blinkevičiūtė, Ioan-Rareş Bogdan, Patrick Breyer, Saskia Bricmont, Annika Bruna, Jorge Buxadé Villalba, Damien Carême, Patricia Chagnon, Clare Daly, Margarita de la Pisa Carrión, Gwendoline Delbos-Corfield, Anna Júlia Donáth, Lena Düpont, Lucia Ďuriš Nicholsonová, Cornelia Ernst, Rosa Estaràs Ferragut, Laura Ferrara, Nicolaus Fest, Frances Fitzgerald, Lina Gálvez Muñoz, Maria Grapini, Sylvie Guillaume, Andrzej Halicki, Evin Incir, Sophia in ‘t Veld, Assita Kanko, Fabienne Keller, Łukasz Kohut, Moritz Körner, Alice Kuhnke, Jeroen Lenaers, Juan Fernando López Aguilar, Elżbieta Katarzyna Łukacijewska, Lukas Mandl, Erik Marquardt, Radka Maxová, Karen Melchior, Nuno Melo, Javier Moreno Sánchez, Andżelika Anna Możdżanowska, Johan Nissinen, Maria Noichl, Maite Pagazaurtundúa, Pina Picierno, Emil Radev, Samira Rafaela, Paulo Rangel, Evelyn Regner, Diana Riba i Giner, Eugenia Rodríguez Palop, María Soraya Rodríguez Ramos, Maria Veronica Rossi, Christine Schneider, Birgit Sippel, Sylwia Spurek, Tineke Strik, Ramona Strugariu, Annalisa Tardino, Yana Toom, Elena Yoncheva

Substitutes present for the final vote

Nathalie Colin-Oesterlé, Loucas Fourlas, Romeo Franz, Heléne Fritzon, Beata Kempa, Jaak Madison, Bergur Løkke Rasmussen, Thijs Reuten, Eleni Stavrou, Irène Tolleret, Loránt Vincze

Substitutes under Rule 209(7) present for the final vote

Martin Hojsík, Sven Mikser, Marco Zullo

Date tabled

6.7.2023

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

Key to symbols: