What changed

PA_Legam

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 LegalEmployment 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 committeecommittees responsible, to take into account the following amendments:

Amendment 1

Proposal for a directive

Recital 41 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.

(1a) Member States should ratify the International Labour Organization (ILO) Convention (No 190) of 21 June 2019 on Eliminating Violence and Harassment in the World of Work and ILO´s Violence and Harassment Recommendation (No 206) of 21 June 2019 and put in place the necessary law and policy measures to prohibit, prevent and tackle violence and harassment in the labour market.

Or. en

Proposal for a directive

Recital 10

Recital 1 b (new)

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, where relevant, the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)6 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.

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

(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 the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)6 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 is recommended that Member States ratify the Istanbul Convention and the International Labour Organisation of Convention No 190 on violence and harassment in the world of work and implement it without delay.

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

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.

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

Or. en

Proposal for a directive

Recital 1110

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.

(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 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.

(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.

(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and, where relevant, the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva.

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

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.

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

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 2417

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.

(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.

(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 in addition to in-person reporting 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.

(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, career and to their mental health, which may, in extreme cases, lead to suicide.

Or. en

Proposal for a directive

Recital 2520

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.

(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.

(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 domestic violence or violence against women affecting children, victims should be duly informed; a gender-sensitive and child-competent risk assessment and risk management conducted, and tailored safety, protection and support measures adopted immediately regardless of the level of risk. Member States should ensure that they are not held liable for breach of confidentiality.

(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.

Or. en

Proposal for a directive

Recital 2851

Text proposed by the Commission

Amendment

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.

(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.

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. If the corresponding competent authority does not have sufficient trained personnel to conduct the individual assessment, it must be carried out in cooperation 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 domestic violence is a child, protection and support should also extend to empowering the non-violent parent(s) or guardian(s) to protect the child from violence.

(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 to provide the possibility of early conciliation, if the victim so wishes, should be provided by external, specialised counselling services to both victims and employers.

Or. en

Proposal for a directive

Recital 4753

Text proposed by the Commission

Amendment

(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 should ensure that they receive appropriate funds.

(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.

(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, 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.

(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 and employment situation and the well-being of their children, ultimately preparing victims for an autonomous life.

Or. en

Proposal for a directive

Recital 4857

Text proposed by the Commission

Amendment

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Or. en

Proposal for a directive

Recital 5260

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.

(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.

(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 (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.

(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 and that a special focus is put on training, taking into account the special needs of victims with disabilities. Training should cover the risk and prevention of stigmatisation, intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. Such training should include the prevention and identification of sexual harassment of the most marginalised groups who are often the less believed when reporting. 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.

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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).

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).

Or. en

Proposal for a directive

Recital 53

Recital 60 a (new)

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.

(60a) This Directive should ensure that preventive and protective measures aiming to combat violence, discrimination and harassment in the labour market, including third-party violence and harassment by customers, clients, visitors and patients, as applicable, should apply regardless of the reason for or cause of the harassment and are not limited to cases based on discriminatory grounds. Workers should receive appropriate protection, with the involvement of the social partners.

(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 concerning interlocking problems related to victims’ health and well-being, financial situation, legal status, legal advise, and the well-being of their children, 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.

Or. en

Proposal for a directive

Recital 58

Article 4 – paragraph 1 – point g

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.

(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;

(58) Member States should ensure that preventive measures, such as long-term awareness-raising campaigns, promoting pro-social behaviours, 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. All preventive measures need to be grounded in human rights and gender equality and based on the ecological model of violence and empirical evidence of their effectiveness and should be carried out by qualified prevention workers. Programmes that scientific evaluation has 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.

(g) “gender-based violence and 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;

Or. en

Proposal for a directive

Recital 60

Article 27 – paragraph 1 – point a

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 Council11. 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.

(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;

(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that frontline professionals dealing with victims and perpetrators of all acts of violence against women and other 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. A clear gender perspective should be incorporated in all protocols, guidelines and procedures system-wide for all frontline services. 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 Council11. 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.

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

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11 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).

11 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).

Or. en

Proposal for a directive

Recital 60 a (new)

Article 27 – paragraph 2

Text proposed by the Commission

Amendment

(60a) In order to prevent secondary victimisation, Member States should develop initial and continuing training for judicial and law enforcement officers on preventing and responding to violence against women and domestic 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 skills should be provided to the officers to enable them to assess the situation using reliable risk assessment tools. There should also be a trained law enforcement officer on sexual violence present to take complaints by women. Social and psychological workers in police stations can facilitate concrete human support for violence against women and domestic violence. Victims should also be able to file a complaint in hospitals and shelters to ease the burden of victims.

2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of violence against women and domestic violence.

2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of violence against women and domestic violence, including those with disabilities and those living in institutions.

Or. en

Proposal for a directive

Recital 61

Article 27 – paragraph 3 a (new)

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.

3a. To effectively prevent gender-based violence and sexual harassment at work Member States shall allocate appropriate human and financial resources to competent authorities at all levels of government. This also includes resources and support for institutions providing legal aid, healthcare, and social protection, including recognised women's organisations.

(61) In order to counteract underreporting, Member States should 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. Member States should ensure that such training programs are adequately funded.

Or. en

Proposal for a directive

Article 427 – paragraph 1 – point a4

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;

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.

(a) “violence against women” based on the definition in Article 3 of the Istanbul Convention, 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;

4. Member States shall provide the protection and specialist support services necessary to comprehensively address the multiple needs of victims at the same premises, or have such services coordinated through a central contact point, or through one-stop online access to such services. Such combined offering of services shall include at least first hand medical care and social services, psychosocial support, legal, and police services, and be available and accessible also to victims with disabilities.

Or. en

Proposal for a directive

Article 430 – 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;

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.

(b) “domestic violence” based on the definition in Article 3 of the Istanbul Convention, 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;

Member States shall ensure external specialised counselling services are available for victims and employers in cases of gender-based violence and sexual harassment at work. 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 to 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.

Or. en

Proposal for a directive

Article 432 – paragraph 1 – point h2

Text proposed by the Commission

Amendment

(h) “child” means any person below the age of 18 years;

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

(h) “child” means any person below the age of 18 years. When the age of the victim is not certain, but there are reasonable grounds to believe that the victim is under 18 years of age, the victim is presumed to be a child and benefits from special protection measures pending age verification;

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

Or. en

Proposal for a directive

Article 535 – 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. 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. 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.

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.

Or. en

Proposal for a directive

Article 1636 – paragraph 13

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.

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.

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 accesible information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.

3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures available to the general public and in formats accessible also to persons with disabilities.

Or. en

Proposal for a directive

Article 1636 – paragraph 24

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 this to the competent authorities.

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.

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 this to the competent authorities. Member States shall guarantee that the victim is informed about these third-party reports in advance and that an adequate risk assessment, risk management and safety planning are implemented before active steps are taken against the perpetrator to ensure the safety of the woman and her children.

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 and shall be offered online and offline to ensure that it is accessible for all. Information for children shall be formulated in a child-friendly way and information for persons with disabilities shall be presented in an accessibly way.

Or. en

Proposal for a directive

Article 1636 – paragraph 28 a (new)

Text proposed by the Commission

Amendment

2a. Member States shall ensure that initial and continuing training is provided to judicial and law enforcement officers on responding to complaints by victims of violence against women or domestic violence. The training of the law enforcement officer shall aim to improve knowledge and understanding of the existing protection measures for victims as well as of safety, impact of the crime, the needs of the victims, of how to address those needs and the soft skills required to best communicate with victims and support them. In order to support victims, at least one trained female law enforcement officer shall be present to receive complaints round-the-clock (24/7). Victims shall have an option to only testify once, in order to not revictimize the victims.

8a. Member States shall encourage employers to set out confidential procedures to deal with complaints and provide support for victims at their workplace by specialised labour inspectors and psychologists.

Or. en

Proposal for a directive

Article 1637 – paragraph 31

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.

1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender- and child-sensitive manner.

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. Where professionals report such instances of domestic violence or violence against women affecting children, victims shall be duly informed. After the reporting, the competent authority shall conduct a gender-sensitive and child-competent risk assessment, and risk management shall be conducted, and tailored safety, protection and support measures shall be adopted immediately regardless of the level of risk.

1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender-, disability-, and child-sensitive manner.

Or. en

Proposal for a directive

Article 1637 – paragraph 53 a (new)

Text proposed by the Commission

Amendment

5.3a. Member States shall ensure that the competent authorities coming in contactemployers withand aworkers victimreceive reportingrelevant offencestraining ofon violence against women orand domesticharassment violenceat arework, prohibitedincluding fromtraining transferringon personalcyber dataviolence pertainingand toonline thehate residencespeech. statusMember ofStates and the victimsocial topartners competentshall migrationtake authorities,initiatives atto leastimprove untilthe completionhealth ofand thesafety firsttraining individualof assessmentemployers referredin toaccordance inwith Articlenational 18.law.

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. If a victim is a migrant or refugee women, the relevant professionals shall be able to report to the competenct authorities in a safe and accessible manner. The relevant professional authorities shall ensure that there are sufficient protection measures and an access to justice for migrants and refugee women.

Or. en

Proposal for a directive

Article 1737 – paragraph 13 b (new)

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.

3b. Member States shall encourage employers and the social partners to ensure trainings on violence against women and harassment at work. Member States shall provide labour inspectorates with training to ensure they can adequately protect workers.

1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient funding, 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.

Or. en

Proposal for a directive

Article 1737 – paragraph 46

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, 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.

Or. en

Amendment 26

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 and women’s shelters, social services and healthcare professionals.

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, non-governmental organisations and associations and women’s shelters, social services and healthcare professionals.

Or. en

Amendment 27

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 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.

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 coming nearby 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 immeadiate 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).

Or. en

Amendment 28

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- and child-sensitive manner;

(c) how to treat victims in a trauma-, gender- and child-sensitive manner, while ensuring the best interests of the child;

Or. en

Amendment 29

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 support services, to ensure the appropriate treatment of victims and their children, and handling of cases of violence against women or domestic violence.

Or. en

Amendment 30

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 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.

1. Member States shall provide for appropriately equipped, easily accessible rape crisis and 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 and forensic examinations, intersectional 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 by professionals in the pediatric area. Children under the age of 16 who have experienced sexual violence shall not be interviewed several times and by many actors, thus revictimising children.

Or. en

Amendment 31

Proposal for a directive

Article 29 – 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.

Or. en

Amendment 32

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.

Or. en

Amendment 33

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, free of charge and with qualified and adequate number of counsellors, 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.

Or. en

Amendment 34

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. They shall assist them in their recovery, providing safe, adequate and appropriate living conditions with a view on a return to independent living. 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.

Or. en

Amendment 35

Proposal for a directive

Article 32 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Member States shall ensure that temporary solutions are available for both victims and children. Member States shall ensure that the victims are given a choice to be relocated or stay in their domestic environment. In the case that the victims choose to stay in their domestic environment, full protection should be provided for the victims as well as their children.

Or. en

Amendment 36

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 children regardless of their nationality, citizenship, place of residence or residence status.

Or. en

Amendment 37

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 in particular to situations of domestic violence.

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 in particular to situations of domestic violence, regardless of whether they are witnesses or victims of violence.

Or. en

Amendment 38

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 shall as a priority be placed together with other family members, in particular with a non-violent parent, or in absence of such a parent, with a close relative, in permanent or temporary housing, equipped with support services. In such cases, siblings shall not be separated. Placement in shelters shall be a last resort. In the interest of the victims and the child, the solution to stay in the family home shall be taken into consideration and placement in shelters shall be a last resort.

Or. en

Amendment 39

Proposal for a directive

Article 34

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.

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, as decided by the court or other competent authority, also as 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 shall 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, accomodation or shared custody rights.

Or. en

Amendment 40

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.

Or. en

Amendment 41

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 risk, including children, according to their gender and age, women with disabilities, women living in rural areas, homeless women, older women, women with no or low income, women detainees, sexual and gender-identity minorities, ethnic minorities, particularly vulnerable professional groups, and people with uncertain or without residence status, taking into consideration language barriers and different levels of literacy and abilities. Information for children shall be formulated in a child-friendly way. Those actions shall include children.

Or. en

Amendment 42

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 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. Preventive measures shall also monitor and fight a culture of denigration of women voices.

Or. en

Amendment 43

Proposal for a directive

Article 36 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. Member States shall take measures to address the need for gender equality to have a central place in education and ensure that educational measures directed towards and implemented with young people, including comprehensive sexuality education and education on consent, and more general actions to combat gender inequality and discrimination.

Or. en

Amendment 44

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.

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.

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.

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 with regard to victims with disabilities.

Or. en