Sittings · Document

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

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

Committee on Employment and Social Affairs · Rapporteur: Rosa Estaràs Ferragut

PA_Legam

AMENDMENTS

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

Amendment 1

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

Amendment

(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

Amendment 2

Proposal for a directive

Recital 1 b (new)

Text proposed by the Commission

Amendment

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

Or. en

Amendment 3

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 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.

(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.

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

Or. en

Amendment 4

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide.

(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education, career and to their mental health, which may, in extreme cases, lead to suicide.

Or. en

Amendment 5

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

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

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

Amendment 6

Proposal for a directive

Recital 51

Text proposed by the Commission

Amendment

(51) Harassment at work is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Given that sexual harassment at work has significant negative consequences both for the victims and the employers, advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes, should be provided by external counselling services to both victims and employers.

(51) Harassment at work is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Given that sexual harassment 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

Amendment 7

Proposal for a directive

Recital 53

Text proposed by the Commission

Amendment

(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situation and the well-being of their children, ultimately preparing victims for an autonomous life.

(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

Amendment 8

Proposal for a directive

Recital 57

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 9

Proposal for a directive

Recital 60

Text proposed by the Commission

Amendment

(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive training and targeted information. Trainings should cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions should also receive training. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45. Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient.

(60) In order to ensure victims of violence against women and domestic violence are identified 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).

Or. en

Amendment 10

Proposal for a directive

Recital 60 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 11

Proposal for a directive

Article 4 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) “sexual harassment at work” means any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising in matters of employment, occupation and self-employment, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;

(g) “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

Amendment 12

Proposal for a directive

Article 27 – paragraph 1 – point a

Text proposed by the Commission

Amendment

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

(a) advice and information on any relevant legal 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;

Or. en

Amendment 13

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 14

Proposal for a directive

Article 27 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 15

Proposal for a directive

Article 27 – paragraph 4

Text proposed by the Commission

Amendment

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

Or. en

Amendment 16

Proposal for a directive

Article 30 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall ensure external counselling services are available for victims and employers in cases of sexual harassment at work. These services shall include advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes.

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

Amendment 17

Proposal for a directive

Article 32 – paragraph 2

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 18

Proposal for a directive

Article 35 – paragraph 2

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 19

Proposal for a directive

Article 36 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures available to the general public.

Or. en

Amendment 20

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 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

Amendment 21

Proposal for a directive

Article 36 – paragraph 8 a (new)

Text proposed by the Commission

Amendment

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

Amendment 22

Proposal for a directive

Article 37 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, 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.

Or. en

Amendment 23

Proposal for a directive

Article 37 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Member States shall ensure that employers and workers receive relevant training on violence against women and harassment at work, including training on cyber violence and online hate speech. Member States and the social partners shall take initiatives to improve the health and safety training of employers in accordance with national law.

Or. en

Amendment 24

Proposal for a directive

Article 37 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 25

Proposal for a directive

Article 37 – paragraph 6

Text proposed by the Commission

Amendment

6. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained to facilitate and assist in the reporting of such crimes.

6. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained to facilitate and assist in the reporting of such crimes, including with regard to victims with disabilities.

Or. en