The Commission proposes a Directive on combating violence against women

The European Commission has proposed rules at Union level to combat violence against women and domestic violence. The proposed directive would criminalize rape on the basis of lack of consent, female genital mutilation and cyberbullying, which includes: unintentional disclosure of personal images, harassing cyber-surveillance, cyberbullying or harassment and cyberbullying. The new rules also increase victims’ access to justice and urge Member States to introduce a “one-stop-shop” mechanism, which means that all support and protection services will be on the same site. Victims should be able to claim compensation in criminal proceedings. The proposal also calls on Member States to ensure adequate and specialized protection and support for victims, for example through toll-free helplines and rape support centers. In addition, it provides targeted support for groups with special needs or at risk, including women trying to escape armed conflict.

The President of the Commission, Ursula von der Leyen, said: “I want Europe to stand by women in providing protection and support. I want a society in which violence against women is prevented, condemned and prosecuted when it occurs. The time for justice and “Equality is now. That is why we are presenting the right rules today to accelerate change.”

Key elements of the proposed new rules:

Criminalization of rape, female genital mutilation and cyberbullying

The Commission proposes to criminalize the following offenses throughout the EU: (i) rape on the basis of lack of consent; (ii) female genital mutilation (iii), harassing cyber-surveillance; (vi) incitement to violence or hatred in cyberspace.

The proposal complements the Digital Services Act, making it operational by defining illegal cyber-related cyberbullying. In addition, the proposal provides for expedited legal proceedings for the rapid removal of relevant internet content.

“Many women and girls are being raped, harassed or abused. This has no place in modern Europe. Unfortunately, the situation is not improving fast enough, and violence “Today we are proposing the first EU-level legislation to combat violence against women. These rules will provide real tools for victims. The perpetrators must be held accountable for their actions.”

Secure grievance procedures and risk assessment procedures

The proposal addresses the issue of incomplete reporting of incidents of violence against women, which still exists today. Introduces new ways of reporting gender-based violence that are safer, easier, more accessible — including Internet use — and child-friendly. Professionals, such as healthcare professionals or psychiatrists, will no longer be prevented by professional secrecy from reporting any reasonable suspicion that there is an imminent risk of serious bodily harm. In addition, authorities will be required to conduct an individual risk assessment when the victim first comes into contact with them in order to assess the risk posed by the perpetrator. On this basis, the authorities should provide immediate protection through urgent prohibition or protection orders.

Respect for the privacy of victims in court proceedings and the right to compensation

Under the Commission proposal, evidence or questions concerning the victims’ privacy, in particular their sexual history, can only be used if absolutely necessary. Victims will be entitled to claim full compensation from the perpetrator for the damage they suffered, including compensation for their health care and support services, lost income and physical and psychological harm. Victims should also be able to receive compensation in criminal proceedings.

Victim support through helplines and rape support centers

To address the very specific needs of victims of sexual violence, the Commission proposal provides for the provision of specialized services by the Member States, including the establishment of support centers for victims of rape. Victims at increased risk of violence, including women trying to escape armed conflict, should receive targeted support from Member States. In addition, under the proposal, there should be a national hotline for support for victims of violence against women and domestic violence, available 24 hours a day, 7 days a week, 7 days a week.

When the victim is a child, the authorities should provide age-appropriate support to protect the best interests of the child. Victims of cyberbullying will also be eligible for adequate support, including advice on how to seek legal aid and how to remove online content.

In cases of sexual harassment at work, external counseling services for victims and employers should be available.

Better coordination and cooperation

Member States should exchange best practices and consult each other in criminal matters, including through Eurojust and the European Judicial Network. In order to record progress and monitor the situation in all Member States, the Commission also proposes that Member States be required to collect data on violence against women and domestic violence, which will be supported by research data at EU to be held every five years.

2022 Report on Gender Equality

The Commission has also published the 2022 edition of the European Commission’s annual report on gender equality in the EU. as well as for a new act for digital services, which will help protect users on the internet. In December 2021, the Commission also proposed that hate speech and hate crimes be included in the EU list of crimes.

The report also shows that women have been disproportionately affected by the pandemic. During 2020, women’s labor force participation decreased by 0.5% compared to 2019, after a decade of steady growth. Violence against women and domestic violence continue to be widespread in the EU, and have also been exacerbated by the pandemic, as has cyberbullying.

The report also shows that not addressing violence against women and domestic violence has financial costs – estimated at € 289 billion a year.

SOURCE: ΑΠΕ-ΜΠΕ