What changed

Committee on Civil Liberties, Justice and Home Affairs

SHORT JUSTIFICATION

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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.

on theThe proposalprotection forof avictims’ directiverights ofprior theand Europeanduring Parliamentjudicial andproceedings ofis theessential Councilto Combatingcombat violence against women and domestic violenceviolence.

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

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.

(Ordinary legislative procedure: first reading)

Nevertheless, some improvements to the Commission’s proposal could be implemented in order to strengthen the scope of the Directive.

The European Parliament,

Some of these include:

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

- Adding gender-based violence to the list of areas of crime under Article 83 (1) TFEU.

– 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),

- 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.

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

- 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.

– 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,

- Specialized and publicly funded support services for the victims, such as health, social services, police and justice and economic.

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

- Online and telephone helplines for victims to be accessible and available round-the-clock [24/7].

– 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,

AMENDMENTS

–The havingCommittee regardon toLegal theAffairs reportcalls ofon the Committee on Civil Liberties,Women's JusticeRights and HomeGender AffairsEquality, andas the Committee on Women'scommittee Rightsresponsible, andto Gendertake Equalityinto ofaccount the (A90000/2022),following amendments:

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

Recital 2

Recital 4 a (new)

Or. en

Proposal for a directive

Recital 410

Or. en

Proposal for a directive

Recital 511

Or. en

Justification

The Directive must protect women and girls in all their diversity, and include people with diverse sexual orientations, gender identities and expressions and sex characteristics, who are particularly at risk of violence. See for instance, the FRA survey.

Amendment 4

Proposal for a directive

Recital 724

Or. en

Proposal for a directive

Recital 925

Or. en

Proposal for a directive

Recital 1128

Or. en

Proposal for a directive

Recital 1247

Or. en

Proposal for a directive

Recital 1348

Or. en

Proposal for a directive

Recital 1452

Or. en

Proposal for a directive

Recital 14 a (new)

Recital 53

Or. en

Proposal for a directive

Recital 1558

Or. en

Proposal for a directive

Recital 15 a (new)

Recital 60

Or. en

Proposal for a directive

Recital 16

Recital 60 a (new)

Or. en

Proposal for a directive

Recital 16 a (new)

Recital 61

Or. en

Proposal for a directive

Recital 16 b (new)

Article 4 – paragraph 1 – point a

Or. en

Proposal for a directive

Recital 18

Article 4 – paragraph 1 – point b

Or. en

Proposal for a directive

Recital 19

Article 4 – paragraph 1 – point h

Or. en

Proposal for a directive

Recital 21

Article 5 – paragraph 2

Or. en

Proposal for a directive

Recital 23 a (new)

Article 16 – paragraph 1

Or. en

Proposal for a directive

Recital 23 b (new)

Article 16 – paragraph 2

Or. en

Proposal for a directive

Recital 24

Article 16 – paragraph 2 a (new)

Or. en

Proposal for a directive

Recital 25

Article 16 – paragraph 3

Or. en

Proposal for a directive

Recital 27

Article 16 – paragraph 5

Or. en

Proposal for a directive

Recital 28

Article 17 – paragraph 1

Or. en

Proposal for a directive

Recital 29

Article 17 – paragraph 4

Or. en

Proposal for a directive

Recital 30

Article 18 – paragraph 6

Or. en

Proposal for a directive

Recital 32

Article 21 – paragraph 1

Or. en

Proposal for a directive

Recital 36 a (new)

Article 23 – paragraph 1 – point c

Or. en

Proposal for a directive

Recital 37

Article 23 – paragraph 1 – point g

Or. en

Proposal for a directive

Recital 38

Article 28 – paragraph 1

Or. en

Proposal for a directive

Recital 44

Article 29 – paragraph 2

Or. en

Proposal for a directive

Recital 45

Article 29 – paragraph 3

Or. en

Proposal for a directive

Recital 46

Article 31 – paragraph 1

Or. en

Proposal for a directive

Recital 47

Article 32 – paragraph 1

Or. en

Proposal for a directive

Recital 48

Article 32 – paragraph 1 a (new)

Or. en

Proposal for a directive

Recital 49

Article 32 – paragraph 3

Or. en

Proposal for a directive

Recital 50

Article 33 – paragraph 2

Or. en

Proposal for a directive

Recital 51

Article 33 – paragraph 3

Or. en

Proposal for a directive

Recital 52

Article 34

Or. en

Proposal for a directive

Recital 53

Article 36 – paragraph 1

Or. en

Proposal for a directive

Recital 54

Article 36 – paragraph 4

Or. en

Proposal for a directive

Recital 55

Article 36 – paragraph 5

Or. en

Proposal for a directive

Recital 56

Article 36 – paragraph 5 a (new)

Or. en

Proposal for a directive

Recital 58

Or. en

Amendment 45

Proposal for a directive

Recital 59

Or. en

Amendment 46

Proposal for a directive

Recital 60

Or. en

Amendment 47

Proposal for a directive

Recital 60 a (new)

Or. en

Amendment 48

Proposal for a directive

Recital 61

Or. en

Amendment 49

Proposal for a directive

Recital 61 a (new)

Or. en

Amendment 50

Proposal for a directive

Recital 62

Or. en

Amendment 51

Proposal for a directive

Recital 64

Or. en

Amendment 52

Proposal for a directive

Recital 65

Or. en

Amendment 53

Proposal for a directive

Recital 69

Or. en

Amendment 54

Proposal for a directive

Article 2 – paragraph 1

Or. en

Amendment 55

Proposal for a directive

Article 2 – paragraph 2

Or. en

Amendment 56

Proposal for a directive

Article 4 – paragraph 1 – point b

Or. en

Amendment 57

Proposal for a directive

Article 4 – paragraph 1 – point f

Or. en

Amendment 58

Proposal for a directive

Article 4 – paragraph 1 – point g

Or. en

Amendment 59

Proposal for a directive

Article 5 – paragraph 1 – point a

Or. en

Amendment 60

Proposal for a directive

Article 5 – paragraph 1 – point b

Or. en

Amendment 61

Proposal for a directive

Article 5 – paragraph 2

Or. en

Amendment 62

Proposal for a directive

Article 5 – paragraph 3

Or. en

Amendment 63

Proposal for a directive

Article 5 a (new)

Or. en

Amendment 64

Proposal for a directive

Article 6 a (new)

Or. en

Amendment 65

Proposal for a directive

Article 6 b (new)

Or. en

Amendment 66

Proposal for a directive

Article 6 c (new)

Or. en

Amendment 67

Proposal for a directive

Article 7 – paragraph 1 – point a

Or. en

Amendment 68

Proposal for a directive

Article 7 – paragraph 1 – point b

Or. en

Amendment 69

Proposal for a directive

Article 8 – paragraph 1 – point c

Or. en

Amendment 70

Proposal for a directive

Article 9 – paragraph 1 – point a

Or. en

Amendment 71

Proposal for a directive

Article 9 – paragraph 1 – point b

Or. en

Amendment 72

Proposal for a directive

Article 11 – paragraph 2

Or. en

Amendment 73

Proposal for a directive

Article 12 – paragraph 2

Or. en

Amendment 74

Proposal for a directive

Article 12 – paragraph 2 a (new)

Or. en

Amendment 75

Proposal for a directive

Article 12 – paragraph 2 b (new)

Or. en

Amendment 76

Proposal for a directive

Article 12 – paragraph 3

Or. en

Amendment 77

Proposal for a directive

Article 12 – paragraph 4

Or. en

Amendment 78

Proposal for a directive

Article 13 – paragraph 1 – point b

Or. en

Amendment 79

Proposal for a directive

Article 13 – paragraph 1 – point i

Or. en

Amendment 80

Proposal for a directive

Article 13 – paragraph 1 – point j

Or. en

Amendment 81

Proposal for a directive

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

Or. en

Amendment 82

Proposal for a directive

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

Or. en

Amendment 83

Proposal for a directive

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

Or. en

Amendment 84

Proposal for a directive

Article 14 – paragraph 2 – introductory part

Or. en

Amendment 85

Proposal for a directive

Article 14 – paragraph 2 a (new)

Or. en

Amendment 86

Proposal for a directive

Article 14 – paragraph 4

Or. en

Amendment 87

Proposal for a directive

Article 15 – paragraph 2

Or. en

Amendment 88

Proposal for a directive

Article 15 – paragraph 3

Or. en

Amendment 89

Proposal for a directive

Article 16 – paragraph 1

Or. en

Amendment 90

Proposal for a directive

Article 16 – paragraph 1 a (new)

Or. en

Amendment 91

Proposal for a directive

Article 16 – paragraph 2

Or. en

Amendment 92

Proposal for a directive

Article 16 – paragraph 3

Or. en

Amendment 93

Proposal for a directive

Article 16 – paragraph 4

Or. en

Amendment 94

Proposal for a directive

Article 16 – paragraph 5

Or. en

Amendment 95

Proposal for a directive

Article 17 – paragraph 1

Or. en

Amendment 96

Proposal for a directive

Article 17 – paragraph 2

Or. en

Amendment 97

Proposal for a directive

Article 17 – paragraph 4

Or. en

Amendment 98

Proposal for a directive

Article 17 – paragraph 5

Or. en

Amendment 99

Proposal for a directive

Article 18 – paragraph 2

Or. en

Amendment 100

Proposal for a directive

Article 18 – paragraph 3

Or. en

Amendment 101

Proposal for a directive

Article 18 – paragraph 4

Or. en

Amendment 102

Proposal for a directive

Article 18 – paragraph 5 – point b

Or. en

Amendment 103

Proposal for a directive

Article 18 – paragraph 6

Or. en

Amendment 104

Proposal for a directive

Article 18 – paragraph 7

Or. en

Amendment 105

Proposal for a directive

Article 19 – paragraph 1

Or. en

Amendment 106

Proposal for a directive

Article 20 – paragraph 1

Or. en

Amendment 107

Proposal for a directive

Article 20 – paragraph 2

Or. en

Amendment 108

Proposal for a directive

Article 20 – paragraph 3

Or. en

Amendment 109

Proposal for a directive

Article 21 – title

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Amendment 110

Proposal for a directive

Article 21 – paragraph 1

Or. en

Amendment 111

Proposal for a directive

Article 21 – paragraph 2

Or. en

Amendment 112

Proposal for a directive

Article 21 – paragraph 2 a (new)

Or. en

Amendment 113

Proposal for a directive

Article 21 – paragraph 2 b (new)

Or. en

Amendment 114

Proposal for a directive

Article 22 – paragraph 1

Or. en

Amendment 115

Proposal for a directive

Article 23 – paragraph 1 – point a

Or. en

Amendment 116

Proposal for a directive

Article 23 – paragraph 1 – point b

Or. en

Amendment 117

Proposal for a directive

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

Or. en

Amendment 118

Proposal for a directive

Article 23 – paragraph 1 – point c

Or. en

Amendment 119

Proposal for a directive

Article 23 – paragraph 1 – point e

Or. en

Amendment 120

Proposal for a directive

Article 23 – paragraph 1 – point g

Or. en

Amendment 121

Proposal for a directive

Article 24 – title

Or. en

Amendment 122

Proposal for a directive

Article 24 – paragraph 1 – subparagraph 1 – introductory part

Or. en

Amendment 123

Proposal for a directive

Article 24 – paragraph 2

Or. en

Amendment 124

Proposal for a directive

Article 25 – paragraph 1

Or. en

Amendment 125

Proposal for a directive

Article 25 – paragraph 3

Or. en

Amendment 126

Proposal for a directive

Article 27 – paragraph 1 – introductory part

Or. en

Amendment 127

Proposal for a directive

Article 27 – paragraph 1 – point a

Or. en

Amendment 128

Proposal for a directive

Article 27 – paragraph 1 – point b

Or. en

Amendment 129

Proposal for a directive

Article 27 – paragraph 1 – point c a (new)

Or. en

Amendment 130

Proposal for a directive

Article 27 – paragraph 2

Or. en

Amendment 131

Proposal for a directive

Article 27 – paragraph 3

Or. en

Amendment 132

Proposal for a directive

Article 27 – paragraph 4

Or. en

Amendment 133

Proposal for a directive

Article 27 – paragraph 5

Or. en

Amendment 134

Proposal for a directive

Article 27 – paragraph 6

Or. en

Amendment 135

Proposal for a directive

Article 27 – paragraph 7

Or. en

Amendment 136

Proposal for a directive

Article 27 – paragraph 7 a (new)

Or. en

Amendment 137

Proposal for a directive

Article 28 – paragraph 1

Or. en

Amendment 138

Proposal for a directive

Article 28 – paragraph 1 a (new)

Or. en

Amendment 139

Proposal for a directive

Article 28 – paragraph 2

Or. en

Amendment 140

Proposal for a directive

Article 28 – paragraph 3

Or. en

Amendment 141

Proposal for a directive

Article 29 – paragraph 1

Or. en

Amendment 142

Proposal for a directive

Article 29 a (new)

Or. en

Amendment 143

Proposal for a directive

Article 29 b (new)

Or. en

Amendment 144

Proposal for a directive

Article 30 – title

Or. en

Amendment 145

Proposal for a directive

Article 30 – paragraph 1

Or. en

Amendment 146

Proposal for a directive

Article 31 – paragraph 1

Or. en

Amendment 147

Proposal for a directive

Article 32 – paragraph 1

Or. en

Amendment 148

Proposal for a directive

Article 32 – paragraph 2

Or. en

Amendment 149

Proposal for a directive

Article 32 – paragraph 4

Or. en

Amendment 150

Proposal for a directive

Article 33 – paragraph 1

Or. en

Amendment 151

Proposal for a directive

Article 34 – paragraph 1

Or. en

Amendment 152

Proposal for a directive

Article 34 – paragraph 1 a (new)

Or. en

Amendment 153

Proposal for a directive

Article 34 – paragraph 1 b (new)

Or. en

Amendment 154

Proposal for a directive

Article 35 – paragraph 1

Or. en

Amendment 155

Proposal for a directive

Article 36 – paragraph 2

Or. en

Amendment 156

Proposal for a directive

Article 36 – paragraph 4

Or. en

Amendment 157

Proposal for a directive

Article 36 – paragraph 5

Or. en

Amendment 158

Proposal for a directive

Article 36 – paragraph 6

Or. en

Amendment 159

Proposal for a directive

Article 36 – paragraph 7

Or. en

Amendment 160

Proposal for a directive

Article 36 – paragraph 8

Or. en

Amendment 161

Proposal for a directive

Article 36 – paragraph 8 a (new)

Or. en

Amendment 162

Proposal for a directive

Article 37 – paragraph 1

Or. en

Amendment 163

Proposal for a directive

Article 37 – paragraph 2

Or. en

Amendment 164

Proposal for a directive

Article 37 – paragraph 3

Or. en

Amendment 165

Proposal for a directive

Article 37 – paragraph 6

Or. en

Amendment 166

Proposal for a directive

Article 38 – paragraph 1

Or. en

Amendment 167

Proposal for a directive

Article 38 – paragraph 2 a (new)

Or. en

Amendment 168

Proposal for a directive

Article 41 – paragraph 1

Or. en

Amendment 169

Proposal for a directive

Article 44 – paragraph 1

Or. en

Amendment 170

Proposal for a directive

Article 44 – paragraph 2 – introductory part

Or. en

Amendment 171

Proposal for a directive

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

Or. en

Amendment 172

Proposal for a directive

Article 44 – paragraph 2 – point b

Or. en

Amendment 173

Proposal for a directive

Article 45 – paragraph 1

Directive 2011/93/EU

Article 3 – paragraph 7 – point a

Or. en

Amendment 174

Proposal for a directive

Article 45 – paragraph 1

Directive 2011/93/EU

Article 3 – paragraph 7 – point b

Or. en

Amendment 175

Proposal for a directive

Article 45 – paragraph 1

Directive 2011/93/EU

Article 3 – paragraph 9 – subparagraph 1

Or. en

Amendment 176

Proposal for a directive

Article 45 – paragraph 1

Directive 2011/93/EU

Article 3 – paragraph 9 – subparagraph 2

Or. en

Amendment 177

Proposal for a directive

Article 45 – paragraph 1 a (new)

Directive 2011/93/EU

Article 3 – paragraph 9 – subparagraph 2 a (new)

Or. en

Amendment 178

Proposal for a directive

Article 47 – paragraph 1

Or. en

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.