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

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

JURI-AD-734177

Committee on Legal Affairs · Rapporteur: Aubry Manon

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The Committee on Legal Affairs gives its opinion on the Commission's proposed directive combating violence against women and domestic violence. It proposes amendments to strengthen the text, including adding gender-based violence to the list of EU areas of crime under Article 83(1) TFEU. The amendments require Member States to fund enough shelters, including women-only shelters, and to provide free specialist support, helplines and rape crisis centres available round-the-clock (24/7). They require training for police, law enforcement, judges, lawyers, health and social workers on gender-sensitive responses to prevent secondary victimisation, and rules on reporting, risk assessment and protection orders. They add provisions on children who witness violence, on parental responsibility and custody decisions, and on support for victims with specific needs such as women with disabilities, migrants and LBTIQ women. They require Member States to collect statistics, cooperate with civil society organisations, and ensure access to legal aid and compensation for victims.

Committee position. The Committee on Legal Affairs proposes amendments to strengthen the Commission's proposal, including adding gender-based violence to the list of EU areas of crime under Article 83(1) TFEU, ensuring funding for shelters, training for professionals, and support services for victims.

Key points

  1. The committee calls on the Committee on Women's Rights and Gender Equality to take into account its amendments to the proposed directive.
  2. It proposes adding gender-based violence to the list of EU areas of crime under Article 83(1) TFEU.
  3. It proposes that Member States provide sufficient funding to set up enough shelters, including women-only shelters, especially in rural and vulnerable areas.
  4. It proposes initial and continuing training for police, law enforcement, judges, lawyers, health and social workers on gender-sensitive responses to prevent secondary victimisation.
  5. It proposes free specialist support services, including health, social, police, justice and economic support, available before, during and as long as needed after proceedings.
  6. It proposes online and telephone helplines accessible round-the-clock (24/7), free of charge, with trained counsellors and support in easy-to-understand language and interpretation.
  7. It proposes that children who witness violence be considered victims and receive targeted protection, and that their best interests guide custody and visitation decisions.
  8. It proposes that Member States ensure reporting is possible online, via free telephone helplines and in safe, separate places, with child-friendly and disability-accessible procedures.
  9. It proposes that professionals such as healthcare workers be allowed to report to authorities when there is an imminent risk of serious physical harm, without confidentiality rules blocking them.
  10. It proposes individual risk assessments upon first contact with authorities, covering risks such as repeated violence, control by the offender, weapons and children involved.
  11. It proposes that competent authorities issue orders for offenders to vacate the victim's residence, prohibit contact, and use electronic monitoring to enforce such orders.
  12. It proposes that Member States ensure access to legal aid and full compensation from offenders, and collect statistics disaggregated by sex, age, vulnerability and disability.

Who is affected

  • Member States, which must fund shelters, helplines, training and support services, and ensure reporting and protection measures.
  • Victims of violence against women and domestic violence, who gain rights to support, protection, legal aid and compensation.
  • Children who witness violence, who are to be considered victims and receive targeted protection and support.
  • Professionals such as police, judges, lawyers, healthcare and social workers, who must receive training and may report imminent risks.
  • Groups at increased risk, including women with disabilities, migrants, LBTIQ women and older women, who receive specific support.

Figures and deadlines

  • 1 in 3 women has suffered physical or sexual harm in the EU.
  • Helplines and support services to be available round-the-clock (24/7).
  • UN Convention on the Rights of the Child of 1989 (CRC).
  • ILO Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva.
  • Directive 2019/882/EU accessibility requirements for electronic communications services.

Legal basis: Article 83(1) TFEU