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

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

JURI-PA-734177

Committee on Legal Affairs · Rapporteur: Aubry Manon

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The Committee on Legal Affairs gives its draft opinion on the Commission's proposed directive combating violence against women and domestic violence, calling on the Committee on Women's Rights and Gender Equality to take its amendments into account. It proposes adding gender-based violence to the EU list of areas of crime under Article 83(1) TFEU, and recommends that member states ratify the Istanbul Convention and ILO Convention No 190 without delay. It seeks funding for shelters, including women-only shelters, round-the-clock helplines and support services, and training for police, judicial and law enforcement officers to prevent secondary victimisation. It amends definitions of violence against women, domestic violence and child, requires explicit consent, and adds rules on reporting, risk assessment, protection orders, rape crisis centres and prevention measures.

Committee position. The Committee on Legal Affairs proposes amendments to strengthen the Commission's proposal, including adding gender-based violence to EU crimes, funding shelters and helplines, training professionals, and improving definitions and victim protection.

Key points

  1. The committee calls for gender-based violence to be added to the EU list of areas of crime under Article 83(1) TFEU.
  2. It recommends that member states ratify the Istanbul Convention and ILO Convention No 190 and implement them without delay.
  3. It asks member states to fund enough shelters, including women-only shelters, especially in rural and vulnerable areas, and to provide direct financial assistance to competent authorities.
  4. It requires round-the-clock (24/7) helplines, online access to support services and free-of-charge services every day of the week.
  5. It calls for initial and continuing training for police, judicial and law enforcement officers on gender-sensitive responses, risk assessment and preventing secondary victimisation.
  6. It amends the definitions of violence against women and domestic violence to refer to Article 3 of the Istanbul Convention, and presumes a victim under 18 to be a child pending age verification.
  7. It requires that non-consensual acts be understood as performed without the woman's explicit consent given voluntarily.
  8. It requires member states to allow online reporting, to inform victims of third-party reports and to conduct risk assessment before action against the perpetrator.
  9. It requires that confidentiality rules not obstruct professionals from reporting imminent serious harm, and that victims be informed and risk assessment conducted.
  10. It requires protection orders with immediate effect, including banning the offender from the victim's residence, workplace or contact, and free round-the-clock access to police.
  11. It requires appropriately equipped rape crisis and sexual violence referral centres, with child-friendly services and no repeated interviews for children under 16.
  12. It requires preventive measures targeting harmful gender stereotypes, comprehensive sexuality education, and addressing sexual harassment at work in national and company policies.

Who is affected

  • Member states, which must fund shelters, helplines, training and support services, and ensure protection measures.
  • Victims of violence against women and domestic violence, who gain rights to report, protection, support and information.
  • Children, who receive special protection, child-friendly services and placement priority with family.
  • Police, judicial and law enforcement officers, who must receive training on gender-sensitive responses.
  • Migrant and refugee women, who must be able to report safely and access justice.

Figures and deadlines

  • 1 in 3 women in the EU has suffered physical or sexual harm.
  • Article 83(1) TFEU, where gender-based violence should be added to the list of EU areas of crime.
  • 24/7, the required availability for helplines and support services.
  • 116016, the EU-harmonised number for national helplines.
  • 18 years, the age below which a person is considered a child.
  • 16 years, the age below which children who experienced sexual violence shall not be interviewed several times.
  • 21 June 2019, the date the ILO Convention was signed in Geneva.

Legal basis: Article 83(1) TFEU