Sittings · Document

DRAFT OPINION (COM(2022)0105 – C90058/2022 – 2022/0066(COD)) 2022-12-13

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

Committee on Budgets · Rapporteur: Alexandra Geese

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SHORT JUSTIFICATION

The European Institute of Gender Equality estimates the costs of gender-based violence against women in the EU at € 290 billion for the year 2019. They include, for example, the costs of lost economic output due to gender-based violence, health services, criminal and civil justice systems, social welfare and personal costs. That is why the Directive of the European Parliament and of the Council on combating violence against women and domestic violence has a great impact on the budgets of the EU and its Member States. This draft opinion for the Committee on Budgets focuses in particular on the financing of victim support and of the relevant EU agencies as well as on reporting and data collection.

The Rapporteur welcomes the Commission proposal, which aims at improving current EU legal instruments for combating gender-based violence, strengthening the rights of victims (protection, access to justice, support, prevention and coordination and cooperation) and aligning EU law with international standards (e.g. “Istanbul Convention”).

To guarantee specialised support for victims of all forms of gender-based violence, the Rapporteur proposes that all services should comply with at least the minimum standards for support services stemming from international obligations and in particular the “Istanbul Convention” (including minimum standards for shelters, counselling, rape crisis and sexual violence referral centres as well as helplines). National authorities, public organisations and non-governmental organisations, which address different target groups and are connected with the region and the communities, should provide these services. As a decentralised support system with a broad range of support services can meet individual needs of victims in a more targeted and effective manner. Due to an increase of cyber violence, the Rapporteur also suggests additional victim support measures specifically for combating cyber violence which would be provided in particular by non-governmental organisations.

In order to support these measures, the EU should provide sufficient financial and human resources for victim support and prevention programmes and should specifically budget resources for the implementation of the Directive under the next Multiannual Financial Framework.

To ensure the best possible victim support and prevention of gender-based violence, it is important to collect the relevant data to determine the exact demand and supply of victim support and prevention measures. Based on this database, the EU and the Member States should determine the financial resources for victim support and prevention of gender-based violence for their future budgets. Therefore, the Rapporteur recommends that the Member States should collect detailed data in the context of gender-based violence and support measures. The Commission (Eurostat and the European Institute of Gender Equality) should coordinate the collection of data in the Member States in a standardised and machine-readable format based on guidance published by the Commission.

Finally, the Rapporteur suggest that the relevant agencies (the European Institute of Gender Equality and Eurostat) should be provided with the necessary human and financial resources to execute these additional tasks and responsibilities.

AMENDMENTS

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

Amendment 1

Proposal for a directive

Recital 30

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 2

Proposal for a directive

Recital 46

Text proposed by the Commission

Amendment

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

Or. en

Amendment 3

Proposal for a directive

Recital 47

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 and the Union should ensure that they receive appropriate funds. Member States should ensure that all victims belonging to vulnerable groups or communities receive tailor-made support based on their needs, with special attention to linguistic needs and potential pastor present discrimination experiences of certain communities. Support should be provided as offline and online services according to specific needs.

Or. en

Amendment 4

Proposal for a directive

Recital 47 a (new)

Text proposed by the Commission

Amendment

(47a) The Union budget should provide complementary funding to ensure a high level of protection for victims of violence, including through sufficient resources in dedicated funding programs and through the promotion of innovative solutions to improve the quality and accessibility of the needed services; the relevant program(s) under the next Multiannual Financial Framework should contain sufficient financial and human resources to ensure sufficient funding for a significant Union contribution to the proper implementation, in particular of preventive and victim support measures;

Or. en

Amendment 5

Proposal for a directive

Recital 63

Text proposed by the Commission

Amendment

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

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

__________________

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

Or. en

Amendment 6

Proposal for a directive

Recital 63 a (new)

Text proposed by the Commission

Amendment

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

Or. en

Amendment 7

Proposal for a directive

Recital 64

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 8

Proposal for a directive

Recital 64 a (new)

Text proposed by the Commission

Amendment

(64a) The relevant agencies, in particular the European Institute for Gender Equality, should be provided with the necessary human and financial resources to fulfil the objectives, tasks and responsibilities assigned to it under this directive financed by a contribution from the general budget of the Union, with the necessary appropriations drawn exclusively from unallocated margins under the relevant heading of the multiannual financial framework and/or through the mobilisation of the relevant special instruments.

Or. en

Amendment 9

Proposal for a directive

Article 1 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 10

Proposal for a directive

Article 1 – paragraph 1 – point b

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 11

Proposal for a directive

Article 4 – paragraph 1 – point a

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 12

Proposal for a directive

Article 27 – paragraph 1 – point c

Text proposed by the Commission

Amendment

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

(c) support to victims of cyber violence, including advice on judicial remedies and remedies to remove online content related to the crime, psychological counselling, as well as advice and information on how to continue an active online life;

Or. en

Amendment 13

Proposal for a directive

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

Text proposed by the Commission

Amendment

(ca) IT-hardware checks and advice and information on online safety including on stalkerware with public organisations but also with civil society organisations.

Or. en

Amendment 14

Proposal for a directive

Article 27 – paragraph 2

Text proposed by the Commission

Amendment

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

Or. en

Amendment 15

Proposal for a directive

Article 27 – paragraph 3

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 16

Proposal for a directive

Article 27 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

6a. Member States shall ensure a minimum of one rape crisis or sexual violence referral centre per 200 000 women.

Or. en

Amendment 17

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 sufficient capacity to respond to all incoming calls, 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 18

Proposal for a directive

Article 32 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Member States shall ensure a minimum of one family place per 10 000 women.

Or. en

Amendment 19

Proposal for a directive

Article 33 – paragraph -1 (new)

Text proposed by the Commission

Amendment

-1. Member States shall act in the best interest of the child.

Or. en

Amendment 20

Proposal for a directive

Article 37 – paragraph 8 a (new)

Text proposed by the Commission

Amendment

8a. Member states shall ensure that trainings referred to in this article are developed in conjunction with victim organisations and civil society organisations to ensure that victims´ needs are addressed and that the structural and endemic nature of gender-based violence is explained.

Or. en

Amendment 21

Proposal for a directive

Article 39 – paragraph 3

Text proposed by the Commission

Amendment

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

3. That body shall coordinate the collection of data referred to in Article 44 in a standardised and machine-readable format based on a guidance published by the Commission, and analyse and disseminate its results.

Or. en

Amendment 22

Proposal for a directive

Article 43 – paragraph 1 – point b

Text proposed by the Commission

Amendment

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

(b) exchanging information and best practices with relevant Union agencies, in particular with the European Institute for Gender Equality;

Or. en

Amendment 23

Proposal for a directive

Article 44 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 24

Proposal for a directive

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

Text proposed by the Commission

Amendment

(ba) the annual number of women on the overall waiting list for the support services (shelters and counselling);

Or. en

Amendment 25

Proposal for a directive

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

Text proposed by the Commission

Amendment

(bb) the number of refused women from the support services (shelters and counselling) (annual reporting);

Or. en

Amendment 26

Proposal for a directive

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

Text proposed by the Commission

Amendment

(bc) the number of shelter and family places per member state (annual reporting);

Or. en

Amendment 27

Proposal for a directive

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

Text proposed by the Commission

Amendment

(bd) the costs per shelter place for each member state (annual reporting).

Or. en

Amendment 28

Proposal for a directive

Article 44 – paragraph 4

Text proposed by the Commission

Amendment

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

4. In order to ensure administrative data comparability across the Union, Member States shall collect administrative data on the basis of common disaggregations developed in cooperation with and according to the methodology developed by Eurostat and in line with the guidance referred to in Article 39 (3) and the European Institute for Gender Equality in accordance with paragraph 5. They shall transmit this data to Eurostat and the European Institute for Gender Equality on a yearly basis. The transmitted data shall not contain personal data.

Or. en

Amendment 29

Proposal for a directive

Article 44 – paragraph 5

Text proposed by the Commission

Amendment

5. The European Institute for Gender Equality shall support Member States in the data gathering referred to in paragraph 2, point (b), including by establishing common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences.

5. Eurostat in close cooperation with the European Institute for Gender Equality shall support Member States in the data gathering referred to in paragraph 2, points (b), (b a), (b c) and (b d), including by establishing common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences.

Or. en

Amendment 30

Proposal for a directive

Article 44 – paragraph 6

Text proposed by the Commission

Amendment

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

6. The Member States shall make the collected statistics available to the public. The statistics shall not contain personal data. Eurostat and the European Institute for Gender Equality shall prepare a report every two years on the statistics linked to the implementation of this directive and shall transmit it to the European Parliament and the Council.

Or. en