Sittings · Document

OPINION (COM(2022)0105 – C90058/2022 – 2022/0066(COD)) 2023-03-28

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

Committee on Legal Affairs · Rapporteur: Aubry Manon

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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 Legal Affairs calls on the Committee on Women's Rights and Gender Equality, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

Amendment

Having regard to Article 24 of the EU Charter of Fundamental Rights, as well as Article 12 of the UN Convention on the Rights of the Child of 1989 (CRC),1a

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1a Convention on the Rights of the Child, United Nations, 1989

Amendment 2

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, the non-consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses.

(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, the non-consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, online falsification, blackmail and threats, child pornography, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU 36 and 2011/93/EU 37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or intimate partners, whether or not the offender shares or has shared the same residence with the victim.

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36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11.

37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1–14.

Amendment 3

Proposal for a directive

Recital 4 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.

Amendment 4

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) Due to their vulnerability, children who witness violence against women or domestic violence suffer a direct emotional harm, which impacts their development. Therefore, such children should be considered victims and benefit from targeted protection measures.

(6) Due to their vulnerability, children who witness violence against women or domestic violence suffer a direct emotional harm, which impacts their development. Such “Witnessed violence”, i.e. experiencing any form of ill-treatment, carried out through acts of physical, verbal, psychological, sexual and economic violence against reference figures or other affectively significant figures, has very serious consequences on the psychological and emotional development of the child, and can generate traumas that are sometimes permanent on the ability to interact socially during childhood and adulthood. Therefore, such children should be considered victims and benefit from targeted protection measures. It is essential to give due attention to this type of violence in separations and parental custody arrangements, taking into account the best interest of the child, in particular in order to determine custody and visitation rights in separation cases.

Amendment 5

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7) Violence against women is a persisting manifestation of structural discrimination against women, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.

(7) Violence against women is a persisting manifestation of structural discrimination against women in all their diversity, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.

Amendment 6

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) Domestic violence is a serious social problem which often remains hidden. It can lead to serious psychological and physical trauma with severe consequences because the offender typically is a person known to the victims, whom they would expect to be able to trust. Such violence can take on various forms, including physical, sexual, psychological and economic. Moreover, studies have shown that such violence follows a specific escalatory pattern, which can culminate in the killing of the women. Recognising these steps and reacting at an early stage will prevent more serious violence and murders. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.

Amendment 7

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9) In light of the specificities related to these types of crime it is necessary to lay down a comprehensive set of rules, which addresses the persisting problem of violence against women and domestic violence in a targeted manner and caters to the specific needs of victims of such violence. The existing provisions at Union and national levels have proven to be insufficient to effectively combat and prevent violence against women and domestic violence. In particular, Directives 2011/36/EU and 2011/93/EU concentrate on specific forms of such violence, while Directive 2012/29/EU of the European Parliament and of the Council38 lays down the general framework for victims of crime. While providing some safeguards for victims of violence against women and domestic violence, it is not set out to address their specific needs.

(9) Victims are often still unable to fully exercise their right, and access to support services is critical to women exposed violence. Victims often face difficulties in obtaining justice due to lack of information and insufficient support and protection, and often face secondary victimisation and when claiming compensation. In light of the specificities related to these types of crime it is necessary to lay down a comprehensive set of rules, which addresses the persisting problem of violence against women and domestic violence, including cyber violence in a targeted manner and caters to the specific needs of victims of such violence. The existing provisions at Union and national levels have proven to be insufficient to effectively combat and prevent violence against women and domestic violence. In particular, Directives 2011/36/EU and 2011/93/EU concentrate on specific forms of such violence, while Directive 2012/29/EU of the European Parliament and of the Council l38 lays down the general framework for victims of crime. While providing some safeguards for victims of violence against women and domestic violence, it is not set out to address their specific needs.

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38 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).

Amendment 8

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 the UN Convention on the Rights of the Child, the United Nations Convention on the Rights of Persons with Disabilities (CRPD)39a 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. It should be complemented by a full ratification and implementation by Member States of the Istanbul Convention and ILO Convention No 190 on violence and harassment in the world of work.

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

39a Convention on the Rights of Persons with Disabilities (CRPD), United Nations, 2006.

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

Amendment 9

Proposal for a directive

Recital 11

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.

(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.

Amendment 10

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission

Amendment

(11a) Special consideration should be given to vulnerable groups, including children, women and elderly. The vast majority of vulnerable persons are women who are at an increased risk of violence due to their precarious economic, social or administrative situation, isolation, place of residence or rurality, disabilities, homelessness or gender identity.

Amendment 11

Proposal for a directive

Recital 24

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.

(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 in addition to in-person reporting 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.

Amendment 12

Proposal for a directive

Recital 25

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.

(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 a gender-responsive and child-responsive risk assessment and risk management is conducted, and that tailored safety, protection and support measures are immediately adopted. Member States should ensure that reporting professionals they are not held liable for breach of confidentiality while ensuring that the victim’s privacy is safeguarded and that they are protected against possible retaliation

Amendment 13

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established. This can include questioning by competent authorities in simple and accessible language. Participation in court proceedings should take place in a comfortable environment so as not to cause additional trauma or stress for the child and to minimise the psychological and emotional impact of such circumstances, and be appropriate for the age, maturity and language skills of the child in terms of language and content.

Amendment 14

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

(27) Delays in processing complaints of violence against women and domestic violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or spouses. Therefore, the competent authorities should have the sufficient expertise and effective investigative tools to investigate and prosecute such crimes.

(27) Delays in processing complaints of violence against women and domestic violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members spouses or intimate partners. Therefore, the competent authorities should have the sufficient expertise and effective investigative tools to investigate and prosecute such crimes.

Amendment 15

Proposal for a directive

Recital 27 a (new)

Text proposed by the Commission

Amendment

(27a) In many cases, the close connection between criminal, civil and other legal proceedings need to be recognised in order to coordinate the judicial and other legal responses to child and intimate partner violence. Member States should adopt measures to link criminal and civil cases involving an individual family and children in order to effectively prevent any discrepancies between judicial and other legal decisions that are harmful to children. The best interests of the child should always be the primary consideration in all decisions concerning children.

Amendment 16

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28) 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. Member States should ensure that the corresponding competent authority has sufficient human and financial resources to conduct individual assessments, including by cooperating 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 violence is a child, protection and support should also extend to non-violent parents or guardians.

Amendment 17

Proposal for a directive

Recital 29

Text proposed by the Commission

Amendment

(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender.

(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring special attention could include the victim’s pregnancy, disabilities or the victim’s economic, familial or other dependence on or relationship to the offender.

Amendment 18

Proposal for a directive

Recital 45

Text proposed by the Commission

Amendment

(45) Assistance and support to victims of violence against women and domestic violence should be provided before, during and for an appropriate period after the criminal proceedings have ended, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk in particular due to the statements made by the victim in those proceedings.

(45) Tailored and quality assistance and support to victims of violence against women and domestic violence should be available and provided before, during and as long as needed violence occurred, the criminal proceedings and relevant civil proceedings have ended, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk in particular due to the statements made by the victim in those proceedings. Such assistance and support should be provided free of charge and with the possibility of recovering the costs from the offender.

Amendment 19

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 should ensure that they receive appropriate funds.

(47) Specialist support should offer victims quality and free 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.

Amendment 20

Proposal for a directive

Recital 48

Text proposed by the Commission

Amendment

(48) Victims of domestic violence and violence against women typically have multiple protection and support needs. In order to address these effectively, Member States should provide such services at the same premises, or have such services coordinated through a central contact point. To ensure also victims in remote areas or unable to physically reach such centres are reached, Member States should provide for online access to such services. This should entail setting up a single and updated website where all relevant information on and access to available support and protection services is provided (one-stop online access). The website should follow accessibility requirements for persons with disabilities.

(48) Victims of domestic violence and violence against women typically have multiple protection and support needs. In order to address these effectively, Member States should provide such services at the same premises, or have such services coordinated through a central contact point. To ensure also victims in remote areas or unable to physically reach such centres are reached, Member States should provide for online access to such services that are reachable round-the-clock 24/7. This should entail setting up a single and updated website where all relevant information on and access to available support and protection services is provided (one-stop online access). The website should follow accessibility requirements for persons with disabilities.

Amendment 21

Proposal for a directive

Recital 50

Text proposed by the Commission

Amendment

(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.

(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care, services operated by gynaecologists and obstetricians where needed, and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, as well as victims of intersex genital mutilation, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.

Amendment 22

Proposal for a directive

Recital 52

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.

(52) Member States should ensure that national helplines 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.

Amendment 23

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. 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 for women and children by means of community, educational, financial, health and legal support and 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.

Amendment 24

Proposal for a directive

Recital 54

Text proposed by the Commission

Amendment

(54) To effectively address negative consequences for child victims, support measures to children should include age-appropriate psychological counselling, together with paediatric care where necessary, and be provided as soon as competent authorities have reasonable grounds to believe that children might have been victims, including child witnesses of violence. In the provision of support to child victims, the rights of the child, as laid down in Article 24 of the Charter, should be a primary consideration.

(54) Growing up in a violent domestic environment has very negative implications for the child’s physical, emotional and social development and subsequent behaviour as an adult. Exposure to violence as a child, either through experiencing maltreatment and/or witnessing partner violence, constitutes a risk factor for becoming vulnerable to victimisation, committing violence as an adult or experiencing behavioural, physical or mental health problems. To effectively address negative consequences for child victims, support measures to children should include age-appropriate psychological counselling, together with paediatric care where necessary, and be provided as soon as competent authorities have reasonable grounds to believe that children might have been victims, including child witnesses of violence. In the provision of support to child victims, the rights of the child, as laid down in Article 24 of the Charter, should be a primary consideration. Cooperation between competent authorities and venues which the child visits frequently, such as school, should be ensured, both to support the child and provide due support for other children and parents.

Amendment 25

Proposal for a directive

Recital 55

Text proposed by the Commission

Amendment

(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. If needed, the visits should take place in the presence of child protection or welfare officials. Where it is necessary to provide for interim accommodation, children should as a priority be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child should be always taken into account.

(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should always assess if it is in the best interest of the child to uphold such rights to access prior to visits. In case of a positive assessment, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. If needed, the visits should take place in the presence of adequately trained child protection or welfare workers who are able to inform the child on the situation and reassure it in a child-sensitive language. Where it is necessary to provide for interim accommodation, children should as a priority be heard and be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child and, where possible, its wishes should be always taken into account.

Amendment 26

Proposal for a directive

Recital 56

Text proposed by the Commission

Amendment

(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, should receive specific protection and support.

Amendment 27

Proposal for a directive

Recital 57 a (new)

Text proposed by the Commission

Amendment

(57a) Preventative policies and measures should aim to eliminate gender inequalities, exclude customs and traditions steeped in sexism, deconstruct prejudices and sexist stereotypes, avoid gender-based violence, including sexual and marital violence. These policies should aim at reducing identified factors and risks, particularly for vulnerable persons, and encouraging changes in mentality and behaviour through education, awareness raising and information.

Amendment 28

Proposal for a directive

Recital 58

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.

(58) Member States should ensure that preventive measures, such as long-term awareness-raising campaigns or promoting pro-social behaviours, are taken to counter violence against women and domestic violence. Prevention should also take place in formal education, through an adequate, training for teachers and other relevant persons, as well as through multi-annual initiatives and activities aimed at actively involving students, in particular, through strengthening gender equality, sexuality education and socio-emotional competencies, empathy and developing healthy and respectful relationships. Preventive measures should be grounded in human rights and gender equality, and based on the ecological model of violence and empirical evidence of their effectiveness. They should be carried out by qualified prevention workers. Member States are encouraged to adapt education programmes that are 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.

Amendment 29

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, in particular for judges, lawyers, law enforcement, social and medical workers, frontline and volunteer workers, social workers, teachers and child carers Trainings should cover, among other things, interdisciplinary meetings modules, evaluation of risk factors 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. To prevent and appropriately address instances of sexual harassment at work. In particular, persons in management functions and those 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).

Amendment 30

Proposal for a directive

Recital 60 a (new)

Text proposed by the Commission

Amendment

(60a) In order to prevent secondary victimisation, Member States should provide judicial and law enforcement officers working on criminal as well as civil proceedings with initial and continuing training on preventing and responding to gender-based 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 tools should be provided to the officers to enable them to assess the situation using reliable risk assessment tools.

Amendment 31

Proposal for a directive

Recital 61

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.

(61) In order to counteract women’s reticence on reporting and, consequently, the problem of underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, as well as provide for adequate places, within law enforcement and helplines for the proper reception of testimonies of women reporting offences of violence 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.

Amendment 32

Proposal for a directive

Recital 62

Text proposed by the Commission

Amendment

(62) Intervention programmes should be set up to prevent and minimise the risk of (repeated) offences of violence against women or domestic violence. The programmes should specifically aim at teaching offenders or those at risk of offending how to adopt non-violent behaviour in interpersonal relationships and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women.

(62) Intervention programmes should be set up to prevent and minimise the risk of (repeated) offences of violence against women or domestic violence. The programmes should specifically aim at teaching offenders or those at risk of offending especially where minors are affected how to adopt non-violent behaviour in interpersonal relationships, which is respectful of every person and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women.

Amendment 33

Proposal for a directive

Recital 65

Text proposed by the Commission

Amendment

(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestic violence and design new policy strategies in this field. When sharing the data collected, no personal data should be included.

(65) In order to address the issue of the eradication of gender-based violence, it is necessary to rely on consistent and comparable administrative data, based on a robust and coordinated framework for data collection. Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women, including socially and economically vulnerable groups and disabled women as well as minors, and domestic violence and design new policy strategies in this field. When sharing the data collected, no personal data should be included.

Amendment 34

Proposal for a directive

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex and other grounds so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5) and Article 37(7).

1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex or gender and other grounds so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5) and Article 37(7).

Amendment 35

Proposal for a directive

Article 2 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Member States should ensure that, when implementing this Directive, special consideration is given to vulnerable persons, the vast majority of whom are women and children.

Amendment 36

Proposal for a directive

Article 2 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that, in the application of this Directive, particular attention is paid to the risk of intimidation, retaliation, secondary and repeat victimisation and to the need to protect the dignity and physical integrity of victims.

Amendment 37

Proposal for a directive

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

This Directive should be taken into account when deciding on parental responsibility, parental authority and its organisation in cases of domestic violence, while ensuring the safety of the victim and the children.

Amendment 38

Proposal for a directive

Article 3 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

This Directive should be taken into account, in the public and private sectors, the prevention, handling and punishment of offenders of gender-based and sexual violence at work.

Amendment 39

Proposal for a directive

Article 4 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) “gender” means the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for men and women;

Amendment 40

Proposal for a directive

Article 4 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) “victim” means any person, regardless of sex or gender, unless specified otherwise, who has suffered harm, which was directly caused by acts of violence covered under this Directive, including child witnesses of such violence;

(c) “victim” means any person, regardless of sex, gender or age, unless specified otherwise, who has suffered harm, which was directly caused by acts of violence covered under this Directive, including child witnesses of such violence;

Amendment 41

Proposal for a directive

Article 4 – paragraph 1 – point j

Text proposed by the Commission

Amendment

(j) “dependant” means a child of the victim or any person, other than the offender or suspect, living in the same household as the victim, for whom the victim is providing care and support.

(j) “dependant” means a child of the victim or any person, other than the offender or suspect, living in the same household as the victim on a part-time or a full-time basis, for whom the victim is providing care and support.

Amendment 42

Proposal for a directive

Article 4 – paragraph 1 – point j a (new)

Text proposed by the Commission

Amendment

(ja) “witnessed violence” means the experience by a child of one of the forms of abuse through acts of violence referred to in points (a) and (b) against reference figures, family members or other figures of significance in the household.

Amendment 43

Proposal for a directive

Article 4 – paragraph 1 – point j b (new)

Text proposed by the Commission

Amendment

(jb) “parental responsibility”' means all rights and duties relating to the person or the property of a child which are given to a natural or legal person by judgment, by operation of law or by an agreement having legal effects, including rights of custody and rights of access.

Amendment 44

Proposal for a directive

Article 4 – paragraph 1 – point j c (new)

Text proposed by the Commission

Amendment

(jc) “prevention policies and measures” means all actions, attitudes that tend to eliminate inequalities between women and men and their harmful consequences on their children;

Amendment 45

Proposal for a directive

Article 5 – 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. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’s consent given voluntarily, an act committed using coercion or an act 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 or inability to defend herself.

Amendment 46

Proposal for a directive

Article 5 – 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 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.

Amendment 47

Proposal for a directive

Article 13 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the offence was committed against a person made vulnerable by particular circumstances, such as a situation of dependence or a state of physical, mental, intellectual or sensory disability, or living in institutions;

(b) the offence was committed against a person made vulnerable by particular circumstances, such as pregnancy, a situation of dependence or a state of physical, mental, intellectual or sensory disability, or living in institutions;

Amendment 48

Proposal for a directive

Article 13 – paragraph 1 – point l a (new)

Text proposed by the Commission

Amendment

(la) the offence was committed against a victim who was under the care, protection or guard of the offender or was being taught or treated by them;

Amendment 49

Proposal for a directive

Article 13 – paragraph 1 – point m

Text proposed by the Commission

Amendment

(m) the offence was committed by abusing a recognised position of trust, authority or influence;

(m) the offence was committed by abusing a recognised position of trust, authority or influence, for instance that of a legal guardian;

Amendment 50

Proposal for a directive

Article 16 – paragraph 1

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.

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, in separate, safe and reserved places. This shall include the possibility of reporting criminal offences via a free telephone helpline as well as online or through other accessible information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence. They shall take the necessary measures to ensure an appropriate reception for victims and provide each competent authority with contact persons on violence, including at least one woman.

Amendment 51

Proposal for a directive

Article 16 – paragraph 2

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 in a confidential way this to the competent authorities. Member States shall guarantee that the victim is informed about these third-party reports in a timely manner and that a gender- and child- responsive risk assessment, risk management and safety planning are conducted and implemented before active steps are taken against the perpetrator to ensure the safety of the woman and her children, unless the urgency of the situation requires otherwise.

Amendment 52

Proposal for a directive

Article 16 – paragraph 3

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.

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. In particular, if the victim is a child, the relevant professionals shall timely report to the competent authorities if they have reasonable grounds to believe that an act of violence covered under this Directive has been committed or further acts of violence are to be expected. When competent authorities receive such a report, they shall ensure that the victim’s privacy is safeguarded and that they are protected against possible retaliation.

Amendment 53

Proposal for a directive

Article 16 – paragraph 4

Text proposed by the Commission

Amendment

4. Where children report criminal offences of violence against women or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. If the offence involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.

4. Member States shall take the necessary measures to encourage and simplify the possibility for minors to report to the authorities. Where children report criminal offences of violence against women or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. If the offence involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.

Amendment 54

Proposal for a directive

Article 16 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. When disabled women report criminal offences of violence, including those living in institutions, Member States shall ensure that the reporting procedures are safe, confidential and accessible, including through the use of Braille and sign language. This may also include the possibility of reporting criminal offences in hospitals or relevant associations. If the offence involves the legal guardian, Member States shall ensure reporting is not conditional upon this person’s consent.

Amendment 55

Proposal for a directive

Article 16 – paragraph 5

Text proposed by the Commission

Amendment

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, at least until completion of the first individual assessment referred to in Article 18.

5. Member States shall ensure that the competent authorities coming in contact with a victim reporting offences of violence against women, of domestic violence or of cyberviolence 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, the relevant professional shall be able to report to the competent authorities in a safe and accessible manner, and shall ensure sufficient protection measures and access to justice.

Amendment 56

Proposal for a directive

Article 17 – paragraph 1

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.

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

Amendment 57

Proposal for a directive

Article 17 – paragraph 4

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. Professionals dealing with such cases shall be trained in a targeted way to be able to approach all forms of violence and its mechanisms, focusing on the needs and concerns of victims as a priority.

Amendment 58

Proposal for a directive

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

2. This individual assessment shall be initiated upon the first contact of the victim with the competent authorities. The competent judicial authorities shall verify at the latest at the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall remedy the situation by undertaking an assessment as soon as possible.

2. This individual assessment shall be initiated upon the first contact of the victim with the competent authorities also in order to ensure the safety and protection of victims. The competent judicial authorities shall verify at the latest at the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall remedy the situation by undertaking an assessment as soon as possible.

Amendment 59

Proposal for a directive

Article 18 – paragraph 3

Text proposed by the Commission

Amendment

3. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, the risk of bodily harm, the use of weapons, the offender or suspect living with the victim, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues or behaviour of stalking.

3. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, likelihood of the victim returning to the offender or suspect, the degree of control exercised by the offender or suspect on the victim and its potential effect on the evidence, the risk of bodily harm, the use of weapons, the offender or suspect living with the victim, the involvement of children, the economic dependance of the victim or suspect, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues or behaviour of stalking.

Amendment 60

Proposal for a directive

Article 18 – paragraph 4

Text proposed by the Commission

Amendment

4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.

4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex, age and disability or other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.

Amendment 61

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, civil society organisations, including where such services are provided by non-governmental organisations, and women’s and children’s welfare services shelters, social services and healthcare professionals. Psychophysical support shall be provided to the victim, particularly during and after questioning procedures, taking into account the emotional tensions associated with the circumstances, and designed to prevent risk factors which could lead to further violent offences.

Amendment 62

Proposal for a directive

Article 20 – paragraph 3

Text proposed by the Commission

Amendment

3. Where needed, they shall be able to refer child victims, including witnesses, to support services without the prior consent of the holder of parental responsibility.

3. Where needed in the best interest of the child, they shall be able to refer child victims, including witnesses, to adequate support services without the prior consent of the holder of parental responsibility.

Amendment 63

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 or coming nearby 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. The competent authorities shall also ensure that victims have an immediate 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).

Amendment 64

Proposal for a directive

Article 21 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Member States shall take measures to introduce the use of electronic monitoring to ensure the enforcement of such orders.

Amendment 65

Proposal for a directive

Article 21 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. In situations of domestic violence by a spouse or ex-spouse, or by a partner or ex-partner or situations of violence against children, the competent authorities shall ensure that priority is given to the removal and safety of women with their children and shall facilitate it.

Amendment 66

Proposal for a directive

Article 21 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that the competent authorities can issue restraining or protection orders to provide long-term protection for victims or their dependants against any acts of violence covered by this Directive, including by prohibiting or restraining certain dangerous behaviour of the offender or suspect.

2. Member States shall ensure that the competent authorities can issue restraining or protection orders to provide genuine and effective long-term protection for victims or their dependants against any acts of violence covered by this Directive, including by prohibiting or restraining certain dangerous behaviour of the offender or suspect.

Amendment 67

Proposal for a directive

Article 21 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. When a child is a victim or is in danger of becoming a victim of violence, whether directly or as a witness, of an offender or suspect who is a holder of parental responsibility with rights of access, Member States shall ensure that priority is given to the removal and safety of women with their children and shall facilitate it.

Amendment 68

Proposal for a directive

Article 22 – paragraph 1

Text proposed by the Commission

Amendment

Without prejudice to the rights of defence, Member States shall ensure that, in criminal investigations and court proceedings, questions, enquiries and evidence concerning past sexual conduct of the victim or other aspects of the victim’s private life related thereto are not permitted.

Without prejudice to the rights of defence, Member States shall ensure the protection, in criminal investigations and court proceedings, of the victim's right to privacy and, in particular, to personal integrity, with any questions, enquiries and evidence concerning past sexual conduct of the victim or other aspects of the victim’s private life related thereto not being permitted.

Amendment 69

Proposal for a directive

Article 23 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall issue guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence. Those guidelines shall include guidance on:

Member States shall issue guidelines for the competent authorities acting in criminal and, where relevant, civil proceedings including civil liability, divorce, termination of a legal partnership or custody proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence, including child witnesses of such violence. Those guidelines shall be developed in close cooperation with specialised services and civil society organisations working on women’s and children’s rights and shall include guidance on:

Amendment 70

Proposal for a directive

Article 23 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) how to treat victims in a trauma-, disability- gender- and child-sensitive manner, always ensuring the child’s right to be heard and its best interest;

Amendment 71

Proposal for a directive

Article 24 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) provide independent assistance and advice to victims of violence against women and domestic violence;

(a) provide free and independent assistance and advice to victims of violence against women and domestic violence;

Amendment 72

Proposal for a directive

Article 24 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) publish independent reports and make recommendations on any issue relating to such forms of violence;

(b) publish independent reports and make recommendations on any issue relating to such forms of violence including identifying existing best practice;

Amendment 73

Proposal for a directive

Article 26 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence.

1. Member States shall ensure that victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence, including child witness of such violence.

Amendment 74

Proposal for a directive

Article 26 a (new)

Text proposed by the Commission

Amendment

Article 26a

Implications of gender based violence in civil law proceedings

1. Whenever a person has been found guilty of criminal conduct which amounts to violence against women or domestic violence as criminalised under Union or national law, Member States are encouraged to consider as irrefutable proof in relevant civil proceedings, including civil liability, divorce, termination of a legal partnership or custody proceedings.

2. Member States shall be encouraged to ensure that incidents of gender based violence lead to an automatic revision of prior decisions with regard to parental responsibility, custody and access rights, and are taken into account in any future proceedings.

When a child is a victim of violence or is at risk of becoming a victim, whether direct or as a witness, of an offender or suspect who is a holder of parental responsibility with rights of access, Member States shall ensure that such access rights are immediately suspended or terminated respectively. Member States shall ensure that the best interests of the child are always the primary consideration in all decisions concerning children.

Amendment 75

Proposal for a directive

Article 26 b (new)

Text proposed by the Commission

Amendment

Article 26b

Legal aid

1 Member States shall take the necessary measures to ensure effective access to justice and to legal information, as soon as a complaint is lodged and throughout all relevant for all victims.

2. Member States, in accordance with Directive (EU) 2012/29, shall ensure that when a complaint is lodged or proceedings are initiated in their jurisdiction, legal aid and support measures are provided regardless of the place of residence of victims.

3. Where possible, the amount of aid granted for the defence of the victim shall not be less than the amount granted for the defence of the offender or suspect.

Amendment 76

Proposal for a directive

Article 27 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Member States shall ensure that specialist support services referred to in Article 9(3) of Directive 2012/29/EU are available for victims of acts of violence covered by this Directive. The specialist support services shall provide:

1. Member States shall ensure that free specialist support services referred to in Article 9(3) of Directive 2012/29/EU are available for victims of acts of violence covered by this Directive. The specialist support services shall provide;

Amendment 77

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 appropriate and accessible housing, education, training and assistance to remain in or find employment;

Amendment 78

Proposal for a directive

Article 27 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) referrals to medical forensic examinations;

(b) referrals to medical and psychological expertise, and medical forensic examinations;

Amendment 79

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;

Amendment 80

Proposal for a directive

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

Text proposed by the Commission

Amendment

(ca) the additional specific support needed when a child witnessed the violence.

Amendment 81

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 point (b) and (c) of that paragraph, including where such services are provided by non-governmental organisations.

Amendment 82

Proposal for a directive

Article 27 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States shall issue guidelines and protocols for healthcare and social service professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds of discrimination.

5. Member States shall issue guidelines and protocols for healthcare and social service professionals and volunteers, drawn from best practices at an Union level, on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds of discrimination. Affected persons and communities shall be meaningfully included in developing such guidelines and protocols, directly or through their representatives and representative organisations.

Amendment 83

Proposal for a directive

Article 27 – paragraph 7

Text proposed by the Commission

Amendment

7. Member States shall ensure that specialist support services are available to victims before, during and for an appropriate time after criminal proceedings.

7. Member States shall ensure that specialist support services are available to victims before, during and as long as needed after the violence occurred and free of charge, for criminal proceedings as well as relevant civil proceedings.

Amendment 84

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 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 should have adequate human and financial resources and 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.

Amendment 85

Proposal for a directive

Article 28 – 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.

Amendment 86

Proposal for a directive

Article 28 – paragraph 4

Text proposed by the Commission

Amendment

4. Article 27(3) and (6) shall apply to the provision of support for victims of sexual violence.

4. Article 27(3), (6) and (7) shall apply to the provision of support for victims of sexual violence.

Amendment 87

Proposal for a directive

Article 29 – paragraph 2

Text proposed by the Commission

Amendment

2. Article 27(3) and (6) and Article 28(2) shall be applicable to the provision of support for victims of female genital mutilation.

2. Article 27(3), (6) and (7) and Article 28(2) shall be applicable to the provision of support for victims of female genital mutilation.

Amendment 88

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.

Amendment 89

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 independent 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.

Amendment 90

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 ensure, and provide all resources for the establishment, at a national level, of specialised telephone helplines, or shall support the development of existing national helplines in those Member States they exist, to provide counselling, support advice and information to for victims of violence against women and domestic violence. The helplines shall be round-the-clock (24/7), free of charge and staffed with a sufficient number of counsellors. The counselling, advice and information shall cover all forms of violence against women, including domestic violence, and child witnesses of such violence. Such helplines and services shall be run by or with the support of specialised services, and be able to direct victims to the necessary medical, legal and security services. 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

Amendment 91

Proposal for a directive

Article 31 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall take appropriate measures to ensure the accessibility of services referred to in paragraph 1 for end-users with disabilities, including providing support in easy to understand language. Those services shall be accessible in line with the accessibility requirements for electronic communications services set in Annex I to Directive 2019/882/EU of the European Parliament and of the Council52 .

2. Member States shall ensure that the persons working on helplines and other channels are trained to be responsive, taking into account an intersectional approach. Member States shall take appropriate measures to ensure the accessibility of services referred to in paragraph 1 for end-users with disabilities, children and to women who do not speak the official language or languages of the Member State, including providing support in easy to understand language and interpretation. Those services shall be accessible in line with the accessibility requirements for electronic communications services set in Annex I to Directive 2019/882/EU of the European Parliament and of the Council52 .

__________________

52 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services, OJ L 151, 7.6.2019, p. 70–115.

Amendment 92

Proposal for a directive

Article 31 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Member States shall ensure permanent financial support for existing national helplines without putting them in competition with each other, and without the European number replacing existing numbers. A European number shall be set up in Member States where national helplines do not exist and may be set up in Member States where a complementary number would benefit potential victims.. It should be clearly differentiated from other existing numbers for other crimes and general support services.

Amendment 93

Proposal for a directive

Article 31 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3b. Member States shall provide for the possibility to keep existing national numbers, organise the transfer of calls from other Union countries to existing numbers, and assign directly, without a call for tenders, the harmonised European number to organisations already in charge of telephone helplines at the national level in order to ensure good continuity of service.

Amendment 94

Proposal for a directive

Article 31 – paragraph 4

Text proposed by the Commission

Amendment

4. [Member States shall ensure that the service under paragraph 1 for victims of violence against women is operated under the harmonised number at EU level “116 016” and that the end-users are adequately informed of the existence and use of such number.]

deleted

Amendment 95

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, including disabled women and child victims of such violence. Victims shall have priority access to specialised shelters for women and/or single sex shelters, staffed by trained professionals. They shall assist them in their recovery, providing safe, adequate and appropriate living conditions with a view on a return to independent living and emancipation. Shelters shall be able to direct victims to all necessary services, such as medical or legal assistance. They shall also be adapted to allow for children to stay with the holder for parental responsibility who is not an offender nor suspect of violence.

Amendment 96

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

Amendment 97

Proposal for a directive

Article 32 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. 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. Member States shall provide for an evaluation of the implementation of the above provisions by an independent body, with particular attention to the human and financial resources allocated by public operators.

Amendment 98

Proposal for a directive

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that children are provided specific adequate support as soon as the competent authorities have reasonable grounds to believe that the children might have been subject to, including having witnessed, violence against women or domestic violence. Support to children shall be specialised and age-appropriate, respecting the best interests of the child.

1. Member States shall ensure that children are provided specific adequate support as soon as the competent authorities have reasonable grounds to believe that the children might have been subject to, including having witnessed, violence against women or domestic violence. Adequate support to children shall be specialised and age-appropriate, respecting the best interests of the child, and taking into account any relevant other specific needs including language skills, disability and other relevant intersecting issues.

Amendment 99

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 to their specific and individual needs, in particular to situations of domestic violence, regardless of whether they are witnesses or victims of violence.

Amendment 100

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. Child victims shall be given priority for safety with the non-offending parent. 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 guardian, or in their absence, with a close relative, in permanent or temporary housing, equipped with support services. In such cases, siblings shall not be separated. Children shall be heard and allowed to express their views on such placement in accordance with their age, maturity and language skills and where possible, their will shall be taken into consideration. In the interest of the victims and the child, the solution to stay in the family and be taken into consideration and placement in shelters shall be a last resort.

Amendment 101

Proposal for a directive

Article 33 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. Member States shall ensure that the best interests of the child are always the primary consideration in all decisions concerning children, in particular in order to determine custody and visitation rights in separation cases concerning violence.

Amendment 102

Proposal for a directive

Article 34 – paragraph 1

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.

Without prejudice to article 26a and only in case of a positive assessment with regard to the best interest of the child concerned, 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, this right of access may be curtailed or adapted in the best interests of the child, as decided by the court or other competent authority, also 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 may in accordance with national law 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, accommodation or shared custody rights.

Amendment 103

Proposal for a directive

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women.

Amendment 104

Proposal for a directive

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

Amendment 105

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. Prevention policies and measures shall cover primary, secondary and tertiary action. Primary prevention shall focus on reducing vulnerability before violence occurs, secondary prevention shall focus on identifying violence and intervening to disrupt it as early as possible and tertiary prevention shall cover long-term intervention to reduce the negative impact of violence and prevent reoffending. Member States shall coordinate, finance and evaluate the three approaches, in civil society organisations, including where such services are provided by non-governmental organisations.

Amendment 106

Proposal for a directive

Article 36 – paragraph 2

Text proposed by the Commission

Amendment

2. Preventive measures shall include awareness-raising campaigns, research and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.

2. Preventive measures shall include long-term awareness-raising campaigns for all ages to deconstruct gender stereotypes, behaviours that fully respect gender equality and dignity, training for teachers and other relevant persons, research into the risk factors favouring violence against women, including domestic violence, and protection mechanisms and programme evaluation and education programmes. Member States shall ensure meaningful involvement and cooperation with all stakeholders, including relevant civil society organisations, social partners, as well as impacted communities, such as youth associations and organisations. These prevention measures should be evidence-based, apply a human rights and life-span approach, be based on gender equality and be implemented by trained prevention workers.

Amendment 107

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, in different formats accessible to persons with disabilities, through different media and in appropriate language and language levels.

Amendment 108

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 age, and maturity and language skills, 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.

Amendment 109

Proposal for a directive

Article 36 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Member States shall take appropriate measures to encourage that sexuality education, emotional life and reproductive health, including the promotion of gender equality and non-discrimination, is promoted throughout the school system. Member States shall also encourage the need for gender equality and non-discrimination to have a central place in education.

Amendment 110

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 raising awareness on the concept of consent, empowering and emancipating women and girls in all their diversity, challenging harmful gender stereotypes, promoting gender equality, 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 aim at removing, as far as possible, any economic barriers that might induce a woman not to report the violence she has suffered.

Amendment 111

Proposal for a directive

Article 36 – paragraph 7

Text proposed by the Commission

Amendment

7. Preventive measures shall also specifically address cyber violence. In particular, Member States shall ensure that education measures include the development of digital literacy skills, including critical engagement with the digital world, to enable users to identify and address cases of cyber violence, seek support and prevent its perpetration. Member States shall foster multidisciplinary and stakeholder cooperation, including intermediary services and competent authorities to develop and implement measures to tackle cyber violence.

7. Preventive measures shall also specifically address cyber violence. In particular, Member States shall ensure that education measures include information on the commission of offences and the criminal sanctions available, as well as the development of digital literacy skills, including critical engagement with the digital world, to enable users to identify and address cases of cyber violence, seek support and prevent its perpetration. Member States shall foster multidisciplinary and stakeholder cooperation, including intermediary services and competent authorities to develop and implement measures to tackle cyber violence.

Amendment 112

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.

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. Specialised support services, including when those services are provided by non-governmental organisations shall be involved in the development of the relevant national legislation and policies and trainings.

Amendment 113

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, child and healthcare professionals, social services, educational and other relevant staff, receive initial and continued training as well as 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. Such training shall be developed and organised in cooperation with specialised services, civil society organisations, including where such services are provided by non-governmental organisations, working on women’s and children’s rights.

Amendment 114

Proposal for a directive

Article 37 – paragraph 2

Text proposed by the Commission

Amendment

2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation.

Amendment 115

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, in particular in the case of child witnesses of violence and disabled women.

Amendment 116

Proposal for a directive

Article 37 – paragraph 7

Text proposed by the Commission

Amendment

7. Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex and other grounds.

7. Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall increase the sensitivity about the pattern of gradual escalation of violence against women and domestic violence which can culminate in the killing of women. They include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex and other grounds, as well as on how to identify and act on the pattern of gradual escalation.

Amendment 117

Proposal for a directive

Article 41 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.

Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, organisations working with persons in a vulnerable situation or with a heightened risk of domestic abuse, and community-based organisations, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.

Amendment 118

Proposal for a directive

Article 41 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, including child witnesses of such violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.

Amendment 119

Proposal for a directive

Article 42 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall facilitate the taking of self-regulatory measures by providers of intermediary services in connection to this Directive, in particular to reinforce internal mechanisms to tackle the online material referred to in Article 25(1) and to improve the training of their employees concerned on preventing, assisting and supporting the victims of the offences referred to therein.

Member States shall facilitate the taking of self-regulatory measures by providers of intermediary services in connection to this Directive, in particular to reinforce internal mechanisms to tackle and timely remove the illegal the online material referred to in Article 25(1) and to improve the training of their employees concerned on preventing, assisting and supporting the victims of the offences referred to therein.

Amendment 120

Proposal for a directive

Article 43 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) exchanging best practices and consulting each other in individual cases, including through Eurojust and the European Judicial Network in criminal matters;

(a) exchanging best practices, including on preventive measures as referred to in article 36, in particular education programmes, and consulting each other in individual cases, including through Eurojust and the European Judicial Network in criminal matters;

Amendment 121

Proposal for a directive

Article 43 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) providing assistance to Union networks working on matters directly relevant to violence against women and domestic violence.

(c) providing assistance to Union networks working on matters directly relevant to violence against women and domestic violence, including child witnesses of such violence.

Amendment 122

Proposal for a directive

Article 44 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall have a system in place for the collection, development, production and dissemination of statistics on violence against women or domestic violence, including the forms of violence referred to in Articles 5 to 10.

Amendment 123

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 sex, age, belonging to a vulnerable group and disability of the victim and of the offender, relationship between the victim and the offender and type of offence:

Amendment 124

Proposal for a directive

Article 46 – paragraph 1

Text proposed by the Commission

Amendment

This Directive establishes minimum rules. Member States may introduce or maintain provisions with higher standards, including such which provide a higher level of protection and support for victims.

This Directive establishes minimum rules. Member States may introduce or maintain provisions and procedural guarantees with higher standards, including such which provide a higher level of protection and support for victims.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Combating violence against women and domestic violence

References

COM(2022)0105 – C9-0058/2022 – 2022/0066(COD)

Committees responsible

Date announced in plenary

LIBE

23.3.2022

FEMM

23.3.2022

Opinion by

Date announced in plenary

JURI

7.4.2022

Rapporteur for the opinion

Date appointed

Manon Aubry

13.7.2022

Rule 58 – Joint committee procedure

Date announced in plenary

7.7.2022

Discussed in committee

26.10.2022

9.1.2023

28.2.2023

Date adopted

21.3.2023

Result of final vote

–:

Members present for the final vote

Pascal Arimont, Manon Aubry, Ilana Cicurel, Virginie Joron, Sergey Lagodinsky, Gilles Lebreton, Maria-Manuel Leitão-Marques, Karen Melchior, Raffaele Stancanelli, Marie Toussaint, Adrián Vázquez Lázara, Axel Voss, Marion Walsmann, Tiemo Wölken, Lara Wolters

Substitutes present for the final vote

Daniel Buda, Pascal Durand, Antonius Manders, Emil Radev, René Repasi

Substitutes under Rule 209(7) present for the final vote

Frances Fitzgerald, Fabienne Keller

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

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