On the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence
EMPL-AD-737239
Committee on Employment and Social Affairs · Rapporteur: Rosa Estaràs Ferragut
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The Committee on Employment and Social Affairs proposes amendments to the Commission's proposal for a directive on combating gender-based violence and domestic violence, replacing 'violence against women' with 'gender-based violence' throughout.¶¶¶ The amendments add forced sterilisation as a criminal offence and require member states to ratify ILO Convention No 190 and Recommendation No 206 on violence and harassment in the world of work.¶¶¶ They introduce workplace measures: paid leave for victims, flexible working arrangements, collective bargaining on prevention, employer duties to adopt anti-harassment policies and appoint confidential counsellors, and training for supervisors and workers' representatives.¶¶¶ They require member states to provide specialist support services, accessible reporting including online, protection orders covering the workplace, and full compensation for victims.¶¶¶ They strengthen data collection, prevention, and training, and require consultation with social partners and civil society organisations.¶¶¶
Committee position. The Committee on Employment and Social Affairs proposes amendments to the Commission's proposal, focusing on replacing 'violence against women' with 'gender-based violence', adding forced sterilisation as an offence, and introducing workplace measures such as paid leave, flexible working, employer obligations and collective bargaining.¶¶¶
Key points
- Replaces 'violence against women' with 'gender-based violence' throughout the directive, including in the title and definitions.¶¶¶
- Adds a new recital requiring member states to ratify ILO Convention No 190 and Recommendation No 206 on violence and harassment in the world of work.¶
- Adds forced sterilisation as a criminal offence, with penalties of at least 5 years and 7 years under aggravating circumstances, and a limitation period of at least 10 years.¶¶¶
- Requires member states to ensure victims of gender-based violence, domestic violence and harassment in the world of work are entitled to paid leave.¶
- Requires member states to ensure workers experiencing gender-based violence or domestic violence have the right to request short-term flexible working arrangements.¶
- Requires member states to ensure social partners can bargain collectively on workplace measures to prevent and address gender-based violence.¶
- Requires employers to adopt and implement an inclusive workplace policy on gender-based violence and anti-harassment, appoint a confidential counsellor, and include gender-based violence in occupational safety and health risk assessments.¶
- Requires member states to ensure specialist support services are available free of charge and confidential, including for victims with disabilities, and remain operational in times of crisis.¶¶
- Requires member states to ensure victims can report offences easily, including online, through Braille and sign language, and that complaint mechanisms are accessible to victims without digital skills.¶
- Requires member states to ensure protection orders can prohibit offenders from entering the victim's workplace or contacting the victim, with immediate effect.¶
- Requires member states to ensure victims have the right to full compensation from offenders, including costs for healthcare, support services, rehabilitation, loss of income and employment-related benefits.¶¶
- Requires member states to collect and transmit to the Commission (Eurostat) disaggregated data on gender-based violence, including on the context of the offence and multiple grounds of discrimination, consulting social partners.¶¶¶
Who is affected
- Member states, which must transpose the amended rules into national law.¶¶¶
- Employers, who must adopt anti-harassment policies, appoint confidential counsellors and provide training.¶
- Workers and their representatives, including trade unions, who gain rights to support, representation and collective bargaining.¶¶
- Victims of gender-based violence and domestic violence, who gain rights to paid leave, flexible working, support services and compensation.¶¶¶
- Social partners and civil society organisations, which must be consulted in policy development and data collection.¶¶
Figures and deadlines
- At least 5 years of imprisonment for offences under Articles 6 and 6a.¶
- At least 7 years of imprisonment if committed under aggravating circumstances.
- Limitation period of at least 10 years from the time the offence was committed.¶
- Harmonised number '116 016' for helplines.¶
- Data on victims during the last 12 months, last five years and lifetime.¶