Brussels, 07 February 2023
Interinstitutional files:
2022/0066 (COD)
WK 1629/2023 INIT
LIMITE
JAI
SOC
FREMP
ANTIDISCRIM
COHOM
GENDER
COPEN
JEUN
EDUC
DROIPEN
MIGR
CODEC
This is a paper intended for a specific community of recipients. Handling and
further distribution are under the sole responsibility of community members.
NOTE
From:
Presidency
To:
Delegations
N° Cion doc.:
ST 7042 2022 ADD 1 + ST 7042 2022 ADD 2 + ST 7042 2022 ADD 3
+ ST 7042 2022 ADD 4 + ST 7042 2022 ADD 5 + ST 7042 2022 INIT +
COM(2022)105 final; SEC(2022)150 final; SWD(2022)60 final; SWD(2022)61
final; SWD(2022)62 final; SWD(2022)63 final
Subject:
Proposal for a Directive of the European Parliament and of the Council on
combating violence against women and domestic violence -
Presentation and exchange of views on a revised draft, submitted by the Presidency,
of Chapters 3 and 4
The Working Party is invited to continue the work on Chapters 3 and 4 and to examine Articles 16-35, on
the basis of the revised draft submitted by the Presidency before the COPEN meeting on 31 January 2023
(see WK 17827/22). The recitals concerning Articles 16-35 are also included in the revised draft.
Suggested changes are highlighted with strikethrough and underline, the explanations are included in
boxes in relation to the relevant provisions.
WK 1629/2023 INIT
JAI.2 MC/sl
LIMITE
EN
(24) Victims should be able to report crimes acts 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 acts
crimes. Victims of cyber violence should be able to upload materials relating to their
report, such as screenshots of the alleged violent behaviour.
(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 that 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 there 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 physical
harm acts of violence under this Directive have has been or is expected to be inflicted
on the child 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.
(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.
(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 and that offenders might often be close family members or spouses.
Therefore, the competent authorities should have the sufficient adequate expertise and
effective investigative tools to investigate and prosecute such crimes.
(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 initiated at
the earliest possible stage after the first contact of 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.
(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.
EN
1
EN
(30) In order to ensure comprehensive support and protection to victims, all competent
authorities and relevant bodies, not limited to law enforcement and judicial authorities,
should be involved in assessing the risks for victims and appropriate support measures
on the basis of clear guidelines issued by the Member States. Such assessment, when
assessing the risk emanating from the offender or suspect, guidelines should include
factors to be taken into consideration when assessing the risk emanating from the
offender or suspect, including the consideration that suspects charged with minor
offences are as likely to be dangerous as those charged with more severe offences,
especially in cases of domestic violence and stalking.
(30 bis)For the purposes of this Directive, competent authorities should be understood as the
authority or authorities which have the relevant competence to carry out the task in
question, under national law. Each Member State should determine which authorities
should be considered competent authorities for the purpose of each provision that
refers to this concept.
(31) Due to their vulnerability to secondary and repeat victimisation, to intimidation and to
retaliation, and the fact that they suffer emotional harm that prejudices their
development, the victim’s children should receive the same protection measures as
those accorded to the victim. Other persons dependant on the victim, such as adults
with disabilities or older dependant adults for whom the victim provides care, may
experience similar emotional harm and should thus be accorded the same protection
measures.
(32) Victims of violence against women and domestic violence are often in need of specific
support. To ensure they effectively receive offers of support, the competent authorities
should refer victims to appropriate support services. This should in particular be the
case where an individual assessment has found particular support needs of the victim.
In that case, support services should be able to reach out to the victim even without the
victim’s consent. For the processing of related personal data by competent authorities,
Member States should ensure that it is based on law, in accordance with Article
6(1)(c) read in conjunction with Article (6)(2) and (3) of Regulation (EU) 2016/679 of
the European Parliament and of the Council1. Such laws should include appropriate
personal data safeguards that respect the essence of the right to data protection and
provide for suitable and specific measures to safeguard the fundamental rights and the
interests of the individuals. Where competent authorities transfer victims’ personal
data to support services for victims’ referral, they should ensure that the data
transferred is limited to what is necessary to inform the services of the circumstances
of the case, so that victims receive appropriate support and protection.
(33) Member States should take the necessary measures to ensure the availability of
emergency barring, restraining and protection orders to ensure effective protection of
victims and their dependants.
1
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free movement of
such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA
relevance),
(OJ L 119, 4.5.2016, p. 1–88).
EN
2
EN
(34) Member States should ensure that emergency barring orders may be issued in
situations of immediate danger, such as where harm is imminent or has already
materialised and is likely to be inflicted again.
(35) Protection orders may include prohibiting the offender or suspect to access certain
localities; to approach the victim or dependant closer than a prescribed distance or to
contact them, including through the use of online interfaces and to possess firearms or
deadly weapons, where necessary.
(36) In order to safeguard the effectiveness of emergency barring, restraining and
protection orders, breaches of such orders should be subject to penalties. Those
penalties can be of a criminal law or other legal nature and may include prison
sentences, fines or any other legal penalty that is effective, proportionate and
dissuasive.
(37) Presenting evidence of past sexual behaviour to challenge the credibility and lack of
consent of victims in sexual violence cases, especially rape cases, may reinforce the
perpetuation of damaging stereotypes of victims and lead to repeat or secondary
victimisation. Therefore, without prejudice to the rights of defence, Member States
shall ensure that questions, enquiries and evidence concerning past sexual conduct of
the victim should not be permitted only when it is relevant and necessary in criminal
investigations and court proceedings.
(38) Given the complexities and gravity of offences of violence against women and
domestic violence and specific support needs of victims, Member States should ensure
additional support and prevention of such offences is provided by designated bodies.
Given their expertise in matters of discrimination on grounds of sex, national equality
bodies, set up in accordance with Directives 2004/113/EC2, 2006/54/EC3 and
2010/41/EU4 of the European Parliament and of the Council, are well placed to fulfil
these tasks. Such bodies should in addition have legal standing to act on behalf or in
support of victims of all forms of violence against women or domestic violence in
judicial proceedings, including for the application for compensation and removal of
online illegal content, with the victims’ approval. This should include the possibility of
acting on behalf or in support of several victims together. To enable these bodies to
effectively carry out their tasks, Member States should ensure that they are provided
with sufficient human and financial resources.
(39) Certain offences covered by this Directive involve the increased risk of repeated,
prolonged or even continuous victimisation. That risk occurs especially in relation to
offences involving the making accessible to a multitude of end-users, through
information and communication technologies, of material, resulting from certain
offences of cyber violence, considering the ease and speed with which such material
2
Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment
between men and women in the access to and supply of goods and services,
(OJ L 373, 21.12.2004, p.
37).
3
Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the
principle of equal opportunities and equal treatment of men and women in matters of employment and occupation
(recast)
, (OJ L204, 26.7.2006, p. 23).
4
Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application
of the principle of equal treatment between men and women engaged in an activity in a self-employed
capacity and repealing Council Directive 86/613/EEC,
(OJ L 180, 15.7.2010, p. 1).
EN
3
EN
can be distributed on a large scale and the difficulties that often exist when it comes to
removing such material. That risk typically remains even after a conviction. Therefore,
in order to effectively safeguard the rights of the victims of those offences, Member
States should be required to take suitable measures aimed at the removal of the
material in question. Considering that removal at the source may not always be
feasible, for instance because of legal or practical difficulties relating to the execution
or enforcement of an order to remove, Member States should also be allowed to
provide for measures to disable access to such material.
(40) Those measures should include, in particular, empowering national judicial authorities
to issue orders to providers of intermediary services to remove, or also to disable
access to, one or more specific items of the material in question. Those orders should
be issued upon a sufficiently reasoned and substantiated request of the victim.
Considering the speed with which such material can spread online and the time it can
take to complete criminal proceedings against the persons suspected of having
committed the relevant offences, it is necessary for the effective protection of the
victims’ rights to provide for the possibility of issuing, subject to certain conditions,
such orders by means of interim measures, even prior to the termination of such
criminal proceedings.
(41) Any such measures to remove or disable access, including in particular such orders,
are liable to affect the right and interests of other parties than the victims, such as the
persons providing the material, the intermediary service providers whose services may
be used and the end-users of those services, as well the general interest. Therefore, it
should be ensured that those orders and other measures can only be taken in a
transparent manner and that adequate safeguards are provided for, so as to ensure that
they remain limited to what is necessary and proportionate, legal certainty is ensured,
all affected parties can exercise their right to effective judicial redress in accordance
with national law, and a fair balance is struck between all rights and interests involved,
including the fundamental rights of all parties concerned in compliance with the
Charter. A careful weighting of all rights and interests at stake on a case-by-case basis
is particularly important in proceedings for interim measures. Those orders should, as
a general rule, be addressed to the specific provider of intermediary services that is
best placed to act, in particular so as to limit any possible negative effects for freedom
of expression and information.
(42) The provisions of this Directive on orders and other measures for the removal and
disabling access to relevant material should leave the relevant rules contained in
Regulation XX/YYYY
[proposed DSA Regulation] Regulation (EU) 2022/2065 of
the European Parliament and of the Council of 19 October 2022 on a Single Market
For Digital Services and amending Directive 2000/31/EC (Digital Services Act)
unaffected. In particular, those orders should comply with the prohibition of imposing
general obligations of monitoring or active fact-finding and with the specific
requirements of that Regulation regarding orders to remove illegal content online.
(43) Considering the potential importance of material that may be the object of the orders
or other measures taken under this Directive to remove or disable access thereto for
investigating or prosecuting the relevant offences under criminal law, the necessary
measures should be taken to allow the competent authorities to obtain or secure such
material, where necessary. Those measures could consist, for example, of requiring
relevant intermediary service providers to transmit the material to those authorities or
EN
4
EN
to preserve the material for a limited period that does not go beyond what is necessary.
Any such measures should ensure the security of the material, remain limited to what
is reasonable and comply with the applicable rules on the protection of personal data.
(44) In order to avoid secondary victimisation, victims should be able to obtain
compensation in the course of criminal proceedings. Compensation from the offender
should be full and should not be restricted by a fixed upper limit. It should cover all
harm and trauma experienced by victims and costs incurred to manage the damages,
including among other things therapy costs, impact on the victim’s employment
situation, loss of earnings, psychological damages, and moral prejudice due to the
violation of dignity. The amount of compensation should reflect that victims of
domestic violence may have to uproot their lives in order to seek safety, entailing a
possible change of employment or finding new schools for children or even creating a
new identity.
(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.
(46) Specialised support services should provide support to victims of all forms of violence
against women and domestic violence, including sexual violence, female genital
mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of
various forms of cyber violence. Victims should benfit from specialist support services
irrespective of whether they have filed a formal complaint.
(47) Specialist support services should offer victims support tailored to their specific
needs,. Building on the requirements set out in Directive 2012/29/EU, the legal
framework needs to be supplemented in order to ensure that specialist support services
are provided with all the necessary tools to provide a targeted and integrated support
for victims of violence against woman and and domestic violence, in view of 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 public 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.
(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 or through online access to such services. The latter
would o ensure also victims in remote areas or unable to physically reach such centres
are reached, Member States should could provide for online access to such services.
This should at least entail setting up a single and updated website where all relevant
information on and direction to access to available support and protection services is
provided (one-stop online access). The Such a website should follow accessibility
requirements for persons with disabilities.
EN
5
EN
(49) Specialist support services, including shelters and rape crisis centres, should be
considered essential during crises and states of emergency, including during health
crises. These services should continue to be offered in these situations, where
instances of domestic violence and violence against women tend to surge.
(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 for the safe-keeping of to collect the evidence needed for future
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,
with the respect of the Member States geographical and demographic composition.
Such centers can form part of the existing healthcare system in the 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.
(51) Sexual Hharassment at work is considered as a form of discrimination on grounds of
sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Given that Ssexual
harassment at work has significant negative consequences both for the victims and the
employers,. Therefor external councelling services should be provided to both victims
and employers, where such conduct is criminalised under national law. These should
include information advice on ways to adequately addressing such instances at the
workplace, on legal remedies available to the employer to remove the offender from
the workplace and providing the on possibilitiesy of early conciliation, if the victim so
wishes, could should be provided by external counselling services to both victims and
employers.
(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.
(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.
(54) To effectively address negative consequences for children victims, support measures
to children should include specialised and age-appropriate to age psychological
counselling developmental needs and the individual situation of the child, 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,
or having including child witnesseds of violence against women or domestic violence.
In the provision of support to children victims, the rights of the child, as laid down in
Article 24 of the Charter, should be a primary consideration.
(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 as determined
under the applicable national civil law rules., Member States should ensure that
EN
6
EN
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.
(56) Victims experiencing discrimination based on a combination of sex and other grounds
are at a heightened risk of violence, 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 in prostitution sex workers, detainees, lesbians, trans women, or older women
or women with use of alcohol and drugs or drugs use disorders,. They should
consequently receive specific protection and support.
(57) Women with disability disproportionately experience violence against women and
domestic violence and due to their disability often have difficulties in accessing
protection and support measures. Therefore, Member States should ensure they can
benefit fully from the rights set out in this Directive, on an equal basis with others,
while paying due attention to the particular vulnerability of such victims and their
likely difficulties to reach out for help.
CHAPTER 3
PROTECTION OF VICTIMS AND ACCESS TO JUSTICE
General remark: “criminal offences” is changed to “acts”. The reporting is of the act, not the
offence.
Article 16
Reporting of violence against women or domestic violence
1. Some MS indicated that they can’t support the idea of a possibility to report online
in all cases. One possibility could be to change “shall” to “may”.
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 acts of violence against women or domestic violence to the competent
authorities in an easy and accessible manner. This shall may include the possibility
of reporting criminal offences such acts online or through other information and
communication technologies, including the possibility to submit evidence, in
particular concerning reporting of criminal offences acts of cyber violence.
EN
7
EN
2. We have noticed concerns from MS on how the victim would know if a report were
made by a third party. One suggestion could be to add a sentence on this. This could
be elaborated in a recital where references could be made to relevant Articles on
safety.
2.
Member States shall take the necessary measures to encourage any person who
knows about or suspects, in good faith, that offences acts of violence against women
or domestic violence have occurred, or that further acts of violence are to be
expected, to report this to the competent authorities. Where it is not the victim who is
making the report, Member States shall take adequate measures for the victim’s
safety.
3. MS have concerns on lawyers being covered by the term “relevant professionals”.
Since the aim with this Paragraph is to facilitate reporting by healthcare
prodessionals (see Recital 25) we suggest to delete relevant professionals and refer
only to healthcare professionals. Alternative suggestions by COM in footnote5.
Changes in the end to align text on adults with text on children.
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 violence against women or domestic violence any
of the offences covered under this Directive. If the victim or potential victim is a
child, the relevant professionals subject to the protection of legal privilege or
confidentiality rules imposed by national law shall be able to report to the competent
authorities if they have reasonable grounds to believe that a serious physical harm act
of violence covered under this Directive has been or is expected to be inflicted on the
child committed or further serious acts of violence are to be expected.
4. Minor changes to clarify.
4.
Where children report criminal offences acts of violence against women or domestic
violence to the competent authorities, 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 act involves
the holder of parental responsibility, Member States should shall ensure reporting is
not conditional upon this person’s consent.
5. It’s our understanding that we are trying to create a protection in line with Article
6 of Directive 2004/81.
5.
Member States shall ensure that, at least until completion of the first individual
assessment referred to in Article 18, it shall not be possible to enforce an expulsion
order against the competent authorities coming in contact with a victim reporting
offences acts of violence against women or domestic violence are prohibited from
transferring personal data pertaining to the residence status of the victim to
5 To keep “relevant professionals”, which would also cover lawyers and to replace “that serious physical harm
will be inflicted or has been inflicted on a person” with “for the life of the victim”.
EN
8
EN
competent migration authorities, at least until completion of the first individual
assessment referred to in Article 18.
Article 17
Investigation and prosecution
1-3: Minor changes to clarify
1.
Member States shall ensure that persons, units or services investigating and
prosecuting violence against women or domestic violence have sufficient adequate
expertise and effective investigative tools to effectively investigate and prosecute
such acts crimes, especially to gather, analyse and secure electronic evidence in cases
of cyber violence.
2.
Member States shall ensure that reported offences acts of violence against women or
domestic violence are processed and transferred without delay to the competent
authorities for prosecution and investigation.
3.
The competent authorities shall promptly and effectively record and investigate
allegations of acts of violence against women or domestic violence and ensure that
an official complaint record is filed in all cases.
4. We understand that the primary intention of this paragraph is to require
competent authorities to send victims to doctors or to support services, in order to
gather evidence. Therefore, we suggest to turn the provision around. Article 27–29
includes different support services, and this addition could clarify that only support
services specialised in securing evidence are relevant.
4.
Where the victim wishes to bring charges, and in order to assist in securing evidence,
in particular in cases of sexual violence, Tthe competent authorities shall promptly
refer direct victims to relevant health care professionals or to the support services
referred to in Articles 27, 28 and 29, specialised in to assisting in securing evidence,
in particular in cases of sexual violence, where the victim wishes to bring charges
and make use of such services.
5. Change from “shall” to “may” to align with Art. 55 Istanbul Convention and
allow for necessary prosecutorial discretion. Suggestion to replace “Article 5” with
“acts of rape”.
5.
Member States shall ensure that Iinvestigations into or prosecution of offences acts
referred to in Article 5 acts of rape shall not be dependent on reporting or accusation
by a victim or by their representative, and that criminal proceedings shall may
continue even if the report or accusation has been withdrawn.
Article 18
Individual assessment to identify victims’ protection needs
1.
In the framework of the individual assessment which is to be carried out under
Article 22 of Directive 2012/29/EU, Member States shall ensure that, as regards
EN
9
EN
victims covered by this Directive, the additional elements as set out in paragraphs 2
to 7 of this Article are assessed.
2. In practice, it is not possible to initiate an individual assessment upon the first
contact of the victim. “At the earliest stage after” indicates some flexibility. We
suggest deleting the requirement to verify. Since all competent authorities should
update the assessment, any mistake should be detected (Paragraph 18.7). Suggestion
by COM in footnote6.
2.
This individual assessment shall be initiated upon at the earliest possible stage after
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.
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.
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.
5. Change to clarify that a-c are examples.
5.
Member States shall ensure that adequate protection measures are taken on the basis
of the individual assessment., such as: These may include:
(a) measures referred to in Articles 23 and 24 of Directive 2012/29/EU;
(b) the granting of emergency barring and restraining or protection orders pursuant
to Article 21 of this Directive;
(c) further measures to manage the offender or suspect’s behaviour, in particular
under Article 38 of this Directive.
6. Change to
6.
When appropriate, Tthe individual assessment shall be undertaken in collaboration
with all relevant competent authorities depending on the stage of the proceedings,
6 This individual assessment shall be initiated upon the first contact of the victim with the competent authorities
and be completed at the earliest possible stage. 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 ensure remedy the situation by thatundertaking an assessment is carried out as
soon as possible.
EN
10
EN
and relevant support services, such as victim protection centres and women’s
shelters, social services and healthcare professionals.
7.
Competent authorities shall update the individual assessment at regular intervals to
ensure the protection measures relate to the victim’s current situation. This shall
include an assessment of whether protection measures, in particular under Article 21,
need to be adapted or taken.
8. Some MS indicated that thay can’t support that dependats are included, please
indicate if that applies for this Paragraph.
8.
Victims’ dependants shall be presumed to have specific protection needs without
undergoing the assessment referred to in paragraphs 1 to 6.
Article 19
Individual assessment of victims’ support needs
1. Change to align with Article 51.1 in the Istanbul Convention (“if necessary to
provide for coordinated safety and support”). We ask MS to indicate their opinion on
including dependant’s in Article 19.
1.
Member States shall ensure that, taking into account the individual assessment
referred to in Article 18, the competent authorities, when necessary, assess the
victim’s and their dependant’s individual needs for support as provided for under
Chapter 4.
2.
Article 18(4) and (7) shall apply to the individual assessment of support needs under
paragraph 1 of this Article.
Article 20
Referral to support services
1. MS asked for inclusion of consent from the victim.
1.
If the assessments referred to in Articles 18 and 19 have identified specific support or
protection needs or if and the victim consents, or if the victim requests support,
Member States shall ensure that support services, in cooperation with the competent
authorities, contact victims to offer support.
2. Minor change to make it clear that it is the victim’s request.
2.
The competent authorities shall respond to the victim’s requests for protection and
support in a timely and coordinated manner.
3. A recital could clarify that refer only means that the child victim is offered
support. Adding “when necessary” is intended to make it clear that parents should
be included as a startingpoint and that it should be decided case by case when it’s
necessary to do. MS indicated they don’t want to include child witnesses..
EN
11
EN
3.
Where needed, they competent authorities shall be able to refer child victims,
including witnesses, to support services, when necessary without the prior consent of
the holder of parental responsibility.
4.
Member States shall ensure the transmission of relevant personal data concerning the
victim and their situation to the relevant support services, where this is necessary to
ensure that the victim receives appropriate support and protection. Such transmission
shall be confidential.
5. There needs to be a time-limit, could 24 months be acceptable?
5.
Support services shall store personal data for as long as necessary for the provision
of support services, and in any event for no longer than 12 24 months after the last
contact between the support service and the victim.
Article 21
Emergency barring, restraining and protection orders
1. We ask MS to indicate their opinion on including dependant’s in Article 21.
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 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.
2. Long-term is not proportionate, restraining or protection orders should be used
for the time needed. Changes to align with Istanbul Convention.
2.
Member States shall ensure that the competent authorities can issue restraining or
protection orders to provide long-term protection for as long as necessary 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.
3. Doesn’t seem reasonable to require this in every case covered by the scope of this
Direcitve. Suggestion to allow some flexibility.
3.
Member States shall ensure that the competent authorities, where relevant, inform
victims of the possibility to apply for emergency barring and restraining or protection
orders, as well as the possibility to seek cross-border recognition of protection orders
pursuant to Directive 2011/99/EU or Regulation (EU) No 606/2013.
4.
Any breaches of emergency barring or restraining and protection orders shall be
subject to effective, proportionate and dissuasive criminal or other legal penalties.
EN
12
EN
5.
This Article does not oblige the Member States to modify their national systems as
regards the qualification of emergency barring orders and protection orders as falling
under criminal, civil or administrative law.
Article 22
Protection of victim’s private life
MS have raised concerns and we are trying to be more aligned with Istanbul Article 54.
“Criminal proceedings” includes both questions and enquiries.
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 shall be permitted only when it is relevant and necessary.
Article 23
Guidelines for law enforcement and judicial authorities
Member States have raised concern regarding the fact that it is binding to issue guidelines.
Moreover, change from “shall” to “may” is also necessary as all the listed guidelines are not
relevant for all competent authorities. For example a and b are not relevant for courts.
Member States [may issue]/[shall consider issuing] issue non-binding 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 may include guidance on:
(a) how to ensure the proper identification of all forms of such violence;
(b) how to conduct the individual assessment under Articles 18 and 19;
(c) how to treat victims in a trauma-, gender- disability and child-sensitive manner;
(d) how to ensure the proceedings are conducted in a manner as to prevent
secondary or repeat victimisation;
(e) how to cater to the enhanced protection and support needs of victims
experiencing discrimination based on a combination of sex and other grounds;
(f)
how to avoid gender stereotypes;
(g) how to refer victims to support services, to ensure the appropriate treatment of
victims and handling of cases of violence against women or domestic
violence;.
(h) how to ensure the protection of the victim´s privacy and confidential
information.
EN
13
EN
Article 24
Role of national bodies and equality bodies
Many Member States raised concerns regarding this Article and especially Paragraph 2 that
gives the bodies the task to work on behalf of the victim. Our understanding is that MS
already have lawyers or others who have been entrusted with this task and that it is not
desirable to change there systems. Having both lawyers and the bodies could can lead to
difficulties and you could question the added value and cost. We therefor suggest deleting a)
and 2. COM suggestion in footnote7.
1.
Member States shall designate and make the necessary arrangement for a body or
bodies to carry out the following tasks:
(a) provide independent assistance and advice to victims of violence against
women and domestic violence;
(b) publish independent reports and make recommendations on any issue
relating to such forms of violence;
(c) exchange available information with corresponding European bodies
such as the European Institute for Gender Equality.
Those bodies may form part of equality bodies set up pursuant to Directives
2004/113/EC, 2006/54/EC and 2010/41/EU.
2.
Member States shall ensure that the bodies referred to in paragraph 1 can act on
behalf or in support of one or several victims of violence against women or domestic
violence in judicial proceedings, including for the application for compensation
7 Member States shall ensure that the bodies referred to in paragraph 1 can act on behalf or in support of one or
several victims of violence against women or domestic violence in judicial proceedings, including for
the application for compensation referred to in Article 26 and removal of online content referred to in
Article 25, with the victims’ approval and in accordance with national rules on legal representation.
2. Member States shall ensure that the bodies referred to in paragraph 1 can act on behalf or in support
of one or several victims of violence against women or domestic violence in judicial proceedings,
including for the application for compensation referred to in Article 26 and removal of online content
referred to in Article 25, with the victims’ approval and in accordance with national rules on legal
representation.
3. Member States shall ensure that the bodies referred to in paragraph 1 are provided with the human,
technical and financial resources necessary to perform their task and exercise their competences
effectively.
Recital 38 could be amended as follows
:
“Given the complexities and gravity of offences of violence against women and domestic violence and specific
support needs of victims, Member States should ensure additional support and prevention of such
offences is provided by designated bodies. Given their expertise in matters of discrimination on grounds
of sex, national equality bodies, set up in accordance with Directives 2004/113/EC, 2006/54/EC and
2010/41/EU of the European Parliament and of the Council, are well placed to fulfil these tasks. Such
bodies should in addition have legal standing to act on behalf or in support of victims of all forms of
violence against women or domestic violence in judicial proceedings, including for the application for
compensation and removal of online illegal content, with the victims’ approval. This should include the
possibility of acting on behalf or in support of several victims together. It should be left to the relevant
bodies’ discretion to decide in which cases to make use of this right. To enable these bodies to
effectively carry out their tasks, Member States should ensure that they are provided with sufficient
human, technical and financial resources.”
EN
14
EN
referred to in Article 26 and removal of online content referred to in Article 25, with
the victims’ approval.
Article 25
Measures to remove certain online material
Article 25: The proposal differs from both CSAM and TCO. Is it reasonable to intro-
duce a new set of rules here? One solution is to have a more general framework in
this Directive. 1. We suggest allowing for other than judicial authorities, deleting
application by the victim, which doesn’t exist in other regulations and to clarify that
removal is the first step. 2. We suggest deleting interim proceedings, MS could have
it but it would not be a requirement for all MS. 3-6 minor changes. 7. We should also
consider introducing a system on judicial review (Article 9 TCO and Article 14
CSAM).
1.
Member States shall take the necessary measures to ensure the prompt removal of
material referred to in Article 7, points (a) and (b), Article 8, point (c), and Articles 9
and 10. Those measures shall include the possibility for their competent judicial
authorities to issue, upon application by the victim, binding legal orders to remove or
disable access to such material addressed to relevant providers of intermediary
services. Where removal at the source is not feasible, Member States shall ensure the
order may include the disabling of access to the material in question.
2.
Member States shall ensure that orders referred to in paragraph 1 can be issued in
interim proceedings, even prior to the termination of any criminal proceedings
regarding the offences referred to in Article 7, points (a) and (b), Article 8, point (c),
Article 9 or Article 10 where the judicial authority seized considers that:
(a) it has been presented with sufficient evidence to justify the conclusion that the
conduct referred to in Article 7, points (a) and (b), Article 8, point (c), Article 9
or Article 10 likely took place in respect of the applicant and that the material
that is the object of the application constitutes material as referred to in those
articles;
(b) the removal of that material is necessary to prevent or limit significant harm to
the victim;
(c) the rights and interests of other parties involved associated with the potential
removal are not such as to outweigh those of the victim associated with
removal.
3.
Member States shall ensure that orders referred to in paragraph 1 and 2 are valid for
an appropriate time period not exceeding one year, subject to renewal for an
additional appropriate time period, upon application by the victim, where the judicial
authority seized considers that the conditions of paragraph 2 continue to be met.
However, Member States shall ensure that, where criminal proceedings regarding the
offences referred to in Article 7, point (a) and (b), Article 8, point (c), Article 9 or
Article 10 are terminated without leading to the finding of such an offence having
been committed, the orders are invalidated and the provider of intermediary services
concerned is informed thereof.
EN
15
EN
4.
Member States shall ensure that the orders and other measures referred to in
paragraphs 1 and 2 are taken following transparent procedures and are subject to
adequate safeguards, in particular to ensure that those orders and other measures are
limited to what is necessary and proportionate and that due account is taken of the
rights and interests of all parties involved.
5.
Member States shall ensure that the end-users of the relevant services are informed,
where appropriate by the intermediary service providers concerned, of the reasons
for the removal of or disabling access to the material pursuant to the orders or other
measures referred to in paragraphs 1 and 2 and that those end-users have and of the
possibility to have access to judicial redress.
6.
Member States shall ensure that the removal of or disabling access to the material
pursuant to the orders or other measures referred to in paragraphs 1 and 2 does not
prevent the competent authorities from obtaining or securing the evidence necessary
for the investigation and prosecution of the offences referred to in Article7, points (a)
and (b), Article 8, point (c), Article 9 or Article 10.
7.
Member States shall ensure that all parties affected of an order referred to in
paragraph 1 have a right to an effective judicial remedy. That right shall include the
right to challenge such a removal order before the courts of the Member State of the
competent authority that issued the removal order. [Member States shall put in place
effective procedures for exercising the rights referred to in this paragraph.]
Article 26
Compensation from offenders
Article 26. The Article is far more detailed than Art. 30 Istanbul Convention, Art. 16
Victim’s Rights Directive and Art. 17 Trafficking Directive. 1. Suggestion to clarify
that this only apply to offences (Article 82(2)(c) TFEU). 2. There are cases where it
is reasonable to handle compensation in civil proceedings, adding “where
appropriate” indicates that. 3-5. Should be left to MS to decide, matter on civil
proceedings and matters. Goes much firther than other Directives. COM suggestion
in footnot.
1.
Member States shall ensure that victims have the right to claim full compensation
from offenders for damages resulting from all forms offences of violence against
women or domestic violence.
2.
Member States shall ensure where approriate that victims are able to obtain a
decision on compensation in the course of criminal proceedings.
3.
The compensation shall place victims in the position they would have been in had the
offence not taken place, taking into account the seriousness of the consequences for
the victim. Compensation shall not be restricted by the fixing of an upper limit.
4.
The damage shall include costs for healthcare services, support services,
rehabilitation, loss of income and other reasonable costs that have arisen as a result
of the offence or to manage its consequences. The amount of the damages awarded
shall also compensate for physical and psychological harm and moral prejudice.
EN
16
EN
5.
The limitation period for bringing a claim for compensation shall be no less than 5
years from the time the offence has taken place.
In cases of sexual violence, the limitation period shall be no less than 10 years.
The limitation period for bringing a claim for compensation of criminal offences
referred to in Article 7 shall commence with the victim’s knowledge of the offence.
The limitation period shall not commence as long as the offender and the victim
share the same domestic unit. In addition, if the victim is a child, the limitation
period shall not commence before the victim has reached 18 years of age.
The limitation period shall be interrupted or suspended for the duration of pending
legal proceedings concerning the offence.
CHAPTER 4
VICTIM SUPPORT
Article 27
Specialist support to victims
1. Suggestion to clarify that support should be available regardless of reporting, see
Recital 47. We also suggest changing the referens to Article 8 (3) Victims Right’s
Directive. On a) we move legal issues to a separate Paragraph ba) and change to
information, in order not to interfer with advice, that can only be given by lawyers in
some MS. On b) clarification. On c) same as a) with regard to lawyers.
1.
Member States shall ensure that specialist support services referred to in Article
98(3) of Directive 2012/29/EU are available for victims of acts of violence covered
by this Directive, irrespective of whether they have filed a formal complaint.
Those specialist support services shall provide:
(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,
financial support and assistance to remain in or find employment;
(ba) information about access to legal counselling, including possbilities of legal
aid, where available;
(b) referrals information on services providing to medical forensic examinations;
(c) support to victims of cyber violence, including advice information on judicial
remedies and remedies to remove online content related to the crime.
EN
17
EN
2.
Specialist support referred to in paragraph 1 shall be offered in-person and shall be
easily accessible, including online or through other adequate means, such as
information and communication technologies, tailored to the needs of victims of
violence against women and domestic violence.
3. Point c) on cyber does not seem more important than a) and b) with regard to
resources, we therefore suggest deleting the reference to c). MS can’t contol the
priorities within a NGO, as deciding on human resources. We suggest a change to
clarify this.
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 wWhere such services are provided by non-governmental
organisations, Member States shall provide the latter with adequate funding.
4. MS indicated a need for more flexibility. We suggest making it clear that MS is
obliged to have at least one, but not all, of the alternatives listed.
4.
Member States shall provide the protection and specialist support services necessary
to comprehensively address the multiple needs of victims either by providing these
services at the same premises, or by coodinating services have such services
coordinated through a central contact point, or by facilitating access to such services
through one-stop online access to such services. The Such combined offering of
services included shall include at least cover first hand medical care and social
services, psychosocial support, legal, and police services, or information on and
direction to such services.
5. Suggestion to make it possible for the Government or other national authorities to
issue these guidelines.
5.
Member States shall ensure that 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 are issued,
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.
6.
Member States shall ensure that specialist support services remain fully operational
for victims of violence against women and domestic violence in times of crisis, such
as health crises or other states of emergency.
7.
Member States shall ensure that specialist support services are available to victims
before, during and for an appropriate time after criminal proceedings.
Article 28
Specialist support for victims of sexual violence
EN
18
EN
1: Clarification to underline that this is about gathering and keeping evidence.
“Psychological” deleted inline with Article 25 Istanbul Convention. We also suggest
to clarify in Recital 50 that centers can form part of the existing healthsystem and
that preserving evidence refers to the safekeeping of evidence.
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 safekeeping 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.
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.
3.
Member States shall ensure a sufficient geographical distribution and capacity of
these services across the Member State.
4.
Article 27(3) and (6) shall apply to the provision of support for victims of sexual
violence.
Article 29
Specialist support for victims of female genital mutilation
1.
Member States shall ensure effective, age-appropriate support to victims of female
genital mutilation, including by providing, gynaecological, sexological,
psychological and trauma care and counselling tailored to the specific needs of such
victims, after the offence has been perpetrated and for as long as necessary thereafter.
This shall also include the provision of information on units in public hospitals that
perform clitoral reconstructive surgery. Such support may be provided by the referral
centres referred to in Article 28 or any dedicated health centre.
2.
Article 27(3) and (6) and Article 28(2) shall be applicable to the provision of support
for victims of female genital mutilation.
Article 30
Specialist support for victims of sexual harassment at work
Article 30: MS asked to clarify that this Article only apply to criminal offense under national
law. The suggestion to change from advice to information is in line with changes suggested in
Article 27.
In cases of sexual harassment at work that constitute a criminal offense under national law,
Member States shall ensure that external counselling services are available for victims and
employers in cases of sexual harassment at work. These services shall include advice
information on ways to adequately addressing such instances at the workplace, including on
EN
19
EN
available legal remedies available to the employer to remove the offender from the workplace
and providing the on possibilitiesy of early conciliation, if the victim so wishes.
Article 31
Helplines for victims
1: MS expressed a need for some flexibility with regard to the technologie used.
“Set-up” changed to clarify that existing helplines are sufficient.
1.
Member States shall ensure that set up state-wide round-the-clock (24/7) telephone
helplines are available, 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 are encouraged to provide shall
ensure the provision of such service also through other information and
communication technologies, including online applications.
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 Council8.
3.
Article 27(3) and (6) shall apply to the provision of helplines and support through
information and communication technologies under this Article.
4: MS asked for more flexibility since several MS already have national helplines
and not all MS indicated that they will join that initiative. One solution could be to
clarify that the Paragraph only requires that an existing national number is
reachable under the harmonised number. Another solution could be to make this
Paragraph non-binding.
4.
[Member States are encouraged to shall ensure that the service under paragraph 1 for
victims of violence against women is reachable operated under the harmonised
number at EU level “116 016” in addition to any existing national number(s). and
that the eEnd-users shall be are adequately informed of the existence and use of such
number.]
or
Member States shall ensure that the service under paragraph 1 for victims of violence
against women is reachable operated under the harmonised number at EU level “116
016” in addition to any existing national number(s). and that the Eend-users shall be
are adequately informed of the existence and use of such number.
8
Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility
requirements for products and service
s, OJ L 151, 7.6.2019, p. 70–115.
EN
20
EN
Article 32
Shelters and other interim accommodations
1: One possibility is to change (delete “women”) in line with the opinion from the
Council Legal Service to make the Paragraph non-discriminatory. Such a change
would not exclude special shelters only for women, but ensures that shelters are
availagbe regardless of gender.
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.
2.
The shelters and other appropriate interim accommodations shall be fully accessible
and equipped to accommodate the specific needs of children, including child victims.
3.
The shelters and other appropriate interim accommodations shall be available to
victims regardless of their nationality, citizenship, place of residence or residence
status.
4.
Article 27(3) and (6) shall apply to shelters and other appropriate interim
accommodations.
Article 33
Support for child victims
1. Deleting “including” is a consequential change with regard to changes made in
Article 4 c. Suggestion include children having witnessed in this Article.
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, or , including having witnessed, violence against
women or domestic violence. Support to children shall be specialised and appropriate
to age-appropriate, developmental needs and the individual situation of the child,
respecting the best interests of the child.
2.
Child victims shall be provided with age-appropriate medical care, emotional,
psychosocial, psychological and educational support, tailored to developmental
needs and individual situation of the child, as well as any other appropriate support
tailored in particular to situations of domestic violence.
3. We suggest not having a specific order for a certain type of protection. The
principle of the best interests of the child and each child’s individual needs must be
the overarching guidelines when assessing an interim accommodation for a child
victim.
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.
EN
21
EN
The principle of the best interests of the child shall be decisive when assessing
matters regarding interim accommodation Placement in shelters shall be a last resort.
Article 34
Safety of children
Article 34: An addition in Recital 55 regarding concerns in relation to civil law.
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.
Article 35
Targeted support for victims with specific needs and groups at risk
1. MS expressed that the non-exhaustive list of examples should only remail in Recial
56. We suggest changing women sex workers to women in prostitution, since this is
ageed international language, see for example Article 6 of the Convention on the
Elimination of All Forms of Discrimination against Women. We also suggest
including lesbians, trans women and women with use of alcohol and drugs or drogs
use disorders in the list of exampels. We also add a some more grounds in the
Recital.
1.
Member States shall ensure the provision of specific support to victims at an
increased risk of violence against women or domestic violence due to intersecting
forms of discrimination , 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.
2.
The support services under Articles 27 to 32 shall have sufficient capacities to
accommodate victims with disabilities, taking into consideration their specific needs,
including personal assistance.
3.
The support services shall be available for third-country nationals who are victims of
violence against women and domestic violence, including for applicants for
international protection, for irregular migrants undocumented persons and for
persons subject of return procedures in detention. Member States shall ensure that
victims who request so may be kept separately from persons of the other sex in
detention facilities for third-country nationals subject of return procedures, or
accommodated separately in reception centres for applicants for international
protection.
EN
22
EN
4. Concern from MS that detention center should do the assessments etc. in
accordance with Art. 18-20. Suggestion to clarify that it is the competens authorities
that are responsible, see the recital that clarifies the concept of competens
authorities.
4.
Member States shall ensure that persons can report occurrences of violence against
women or domestic violence in reception and detention centres to the relevant staff
and that protocols are in place to ensure they or the competent authorities adequately
and swiftly address such reports in accordance with the requirements set out under in
Articles 18, 19 and 20.
EN
23
EN
Document Outline
