Provisions
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Gaps at EU and Member States (MS) level
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Intended impact of measures / EU added value
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Chapter II: Offences concerning sexual exploitation of women and computer crime
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Article 5
Rape
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·9 MS use definitions of rape that rely solely on the absence of consent of the victim without any reference to force or threats, in line with the Istanbul Convention and other international human rights norms (EELN 2021
).
·Lack of consent is not a ground for rape. (CZ, EE, FI, FR, IT, LV, NL, NI, PL, PT, RO, SV, SI).
·GREVIO noted that in some MS criminal offences of sexual violence (including rape) are not based on the notion of freely given consent (FI, FR, IT, NL, ES)
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·Requiring all Member States to include lack of consent in the definition of rape.
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Article 6
Female Genital Mutilation)
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·Lack of specific criminalisation in 12 MS.
·In the remaining MS, requirements for criminal liability differ (e.g. disabling consequences, incitement and consent, preparatory acts) (EELN 2021).
·Gaps in victim support, protection and prevention (Open Public Consultation
- OPC-).
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·Recognition of female genital mutilation as a form of violence against women at the EU level.
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Article 7
Non-consensual sharing of intimate or manipulated material
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·Ten MS (BE, FR, EI, IT, MT, NL, PL, PT, ES, SE) have specifically criminalised the non-consensual dissemination/ publication/disclosure of intimate/private/sexual images.
·It is not expressly stated in all criminal provisions that the images can be obtained with or without the consent of the victims.
·Some national definitions include the element of intent to harm in the dissemination (EELN 2021).
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·Introducing harmonised definitions and sanctions of non-consensual sharing of intimate images and content at the EU level.
·Introducing harmonised definitions and sanctions of offences concerning non-consensual sharing regardless of the victim’s initial consent or harm inflicted on the victim.
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Article 8
Cyber stalking
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·Shortcomings with regard to the constitutive elements of the offence and/or additional requirements (FI, ES).
·GREVIO has noted inadequate guidance provided to criminal justice professionals on how to handle the complex nature of stalking and avoid placing a disproportionate weight on the victims’ behavior (FI, MT, NL).
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·Introducing harmonised definitions and sanctions of offences concerning cyber stalking at EU level.
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Article 9
Cyber harassment
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·A report commissioned by Women’s Aid shows that 45% of women victims of domestic violence reported experiencing some form of abuse online during their relationship. 48% reported harassment or abuse online from their ex-partner after they had left the relationship.
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·Introducing harmonised definitions and sanctions of offences concerning cyber harassment at EU level.
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·Chapter III: Protection of victims and access to justice
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Article 15
Reporting of violence against women or domestic violence
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·Reporting acts of violence and seeking assistance is particularly problematic for women with disabilities and mothers of children with disabilities (BE, FI, IT, MT, NL, ES, SE). Response of law enforcement is deeply inadequate (EIGE contribution to open public consultation; FRA 2021).
·Several MS consider lack of reporting as a serious problem in addressing violence against women and domestic violence (Question 43 of the MS targeted consultation (BE, BG, CY, DE, IE, RO)).
·Reporting should be child-friendly (interview with Victim Support Europe). There should be a possibility for visits with family members suspected of this kind of violence to take place in a safe, surveyed place and in the best interest of the child (best practice in ES, FI, DE and MT).
·EU acquis does not include obligations on reporting of violence against women and domestic violence. It does not oblige MS to ensure reporting by third parties, with the exception of the Child Sexual Abuse Directive
.
·Underreporting affects victims of sex-based harassment at work, due to fear of career-related retaliation, high societal tolerance for sex-based harassment, lack of information on reporting mechanisms, and lack of awareness of employers (European Equality Law Review, Vol. 2, 2019, p. 19).
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·Introducing rules on the way victims can report criminal offences to the competent authorities: in an easy and accessible manner, including online or through other information and communications technologies, including the possibility to provide evidence concerning offences of cyber violence.
·Confidentiality rules imposed by national law on professionals, such as healthcare professionals and teachers cannot constitute an obstacle to reporting situation where they have reasonable grounds to believe that there is an imminent risk of serious harm.
·Child- friendly procedures for children (safe, confidential, designed and accessible in a child-friendly manner and language, age-appropriate and corresponding to their level of maturity).
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Article 16
Investigation and prosecution
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·The CSA Directive provides for protection of child victims of sexual abuse and exploitation in the course of criminal investigations and proceedings. The Directive is limited to this specific form of violence.
·Absence of a harmonised definition makes evidence assessment in the online environment and in cross-border investigations challenging (EPRS Study “Combating gender-based violence: Cyber violence”).
·Guidance to prosecutors on how to approach and handle cases of violence against women and domestic violence with regard also to the difficulties in gathering and assessing evidence would be welcomed by many stakeholders
·Only the CSA and Anti-Trafficking Directives ensure that prosecution is not dependent on the cooperation of the victim.
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·Ensured expertise for those investigating and prosecuting these crimes, including in the online sphere and reported offences are processed and transferred without delay to the competent authorities for investigation.
·Ensuring that competent authorities promptly refer victims to relevant health care providers or support services.
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Article 17
Individual assessment to identify victims’ protection needs
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·Risk assessment protocols are not sufficiently integrated with other protection measures, namely protection orders or temporary restraining orders (FR, NL).
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·Introduction of a specific risk assessment to this group of victims to be conducted from first contact with authorities.
·The assessment to contain an assessment of the lethality risk posed by the alleged perpetrator on the victim and dependents.
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Article 18
Individual assessment of victims’ support needs
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·Individual assessments are not performed in seven Member States (CZ, BE, EE, LU, RO, SI and SK).
·Lack of standardised procedures (IT, MT).
·With regard to sex-based harassment at work, few risk assessments are carried out and do not include psychosocial risks (workshops with social partners).
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·Introducing individual assessment to identify victims’ and dependents’ individual support needs.
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Article 19
Referral to support services
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·Referral mechanisms in place only for cases of domestic violence (in particular FI, MT, ES).
·Lack of effective multiagency approach to the protection and support of victims of domestic violence (IT, DK, PT, SE).
·Inefficiencies in referrals to support services (interview with Victim Support Europe).
·Uneven implementation of the existing multi-agency co-ordination structures and referral mechanisms at the local level (FR, ES).
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·Obligatory referrals between domestic authorities and non-governmental organisations to ensure that victims of all forms of Violence against Women and Domestic Violence are immediately contacted by support services.
·Referrals to cover also child victims and child witnesses without the prior consent of the holder of parental responsibility.
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Article 20
Emergency barring, restraining and protection orders
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·Mutual recognition of protection orders pursuant to Directive 2011/99 or Regulation 606/2013 insufficient (COM/2020/187).
·Lack of effective and immediate protection after reporting (AT, FE, DE, NL, PL, PT).
·Lack of continuity between emergency barring orders and protection orders in the protection afforded to victims and lack monitoring and analysis of protection orders (ES, MT, IT, SE, NL).
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·Member States to ensure that competent authorities can issue orders for the protection of victims or their dependents in situations of immediate danger.
·MS to ensure that competent authorities can issue orders to provide long-term protection by prohibiting, restraining or prescribing dangerous behaviour of the offender.
·Minimum rules on the content of the national orders facilitate their mutual recognition in cases where one of the parties moves between MS.
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Article 21
Protection of victim’s private life
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·Gaps identified in the attitudes and / or knowledge of the judicial authorities and demonstrated by the high rate of secondary victimization.
·Protection from secondary victimization through limitations to unnecessary questioning on sexual history included in the Istanbul Convention (explanatory report, §§ 278-279).
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·Evidence relating to the sexual history and conduct of the victim or their private life not permitted unless strictly relevant.
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Article 22
Guidelines for law enforcement and judicial authorities
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·Lack of prosecutorial guidelines to encourage the effective and appropriate prosecution of domestic violence, (CY, IT, LV, MT; EL and HU have police guidelines).
·Gender-neutral guidelines on domestic violence in all MS parties to IC except of ES).
·Lack of prosecutorial guidelines on FGM in all MS.
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·MSs requested to introduce guidelines for the competent authorities acting in criminal proceedings on how to address all cases of violence against women or domestic violence.
·These could include information on specificities of VAW /DV crime, as well as on how to conduct targeted individual assessments, avoid secondary or repeat victimisation and ensure that victims are treated in a trauma- and gender-sensitive manner and referred to support services.
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Article 23
Role of national bodies and equality bodies
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·National Equality Bodies can deal with claims on cases of sexual harassment but not with claims on other forms of Violence against Women and Domestic Violence(BG, HR, CY, CZ, DK, FI, FR, EL, HU, IE, IT, LT, LV, LU, MT, NL, PL, RO, SK, ES ).
·Certain equality bodies only have a mandate to work in the area of gender-based harassment and sexual harassment, which are explicitly mentioned as forms of discrimination in the EU acquis, however, equality body actions taken to prevent and combat gender-based harassment and sexual harassment are also actions contributing to preventing and combating other forms of violence against women (EQUINET).
·If equality bodies had powers to address gendered online content, they should be empowered to provide legal advice to victims (83% of respondents).
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·National bodies to be mandated to address all forms of violence against women and domestic violence, in particular to act on behalf or in support of victims in criminal proceedings, including for the application for compensation, with the victims’ approval.
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Article 24 Measures to remove certain online material
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·Currently no specific measures on gender-based cyber violence in EU law ((EELN 2021).
·Art. 8(2) of the upcoming Digital Services Act includes provisions on orders to act against illegal content from the perspective of intermediary service providers.
·Stakeholders note the need to ensure redress and support to individuals in cases of illegal acts (Workshop on cyber violence against women, targeted consultations with international organisations, workshops with social partners).
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·National authorities to request removals of illegal gender-based online content (criminalised in Articles 5-7) by addressing legal orders to service providers.
·If the removal order cannot be enforced, possibility for domestic authorities to block access to the illegal content towards the internet users within their territory.
·Removals and blocking of content to be limited to what is strictly necessary.
·Affected users to be informed of the reason for the removal or blocking and have access to judicial redress.
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Article 25
Compensation from offenders
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·Restrictive time limits to apply for compensation from perpetrators ((EELN 2021); Milquet report ‘From compensation to reparation’, 2019).
·Concerning state compensation in a case of sexual violence, the seriousness of the consequences for the victims of the crime committed is not taken into account and the fixed rate compensation does not represent an appropriate contribution to the reparation of the harm suffered (IT; CJEU C-129/19 - Presidenza del Consiglio dei Ministri).
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·Availability of full compensation from offenders (covering costs for healthcare, support services, rehabilitation, loss of income and other reasonable costs).
·Availability of effective and dissuasive compensation from offenders for victims of all forms of violence against women or domestic violence in the course of criminal proceedings.
·Minimum standards for the limitation period for bringing a claim for compensation (5 years and 10 years for sexual violence).
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Chapter IV: Victim support
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Article 26
Specialist support to victims
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·Inadequate number and/or distribution of specialist services (BE, DK, FI, FR, DK, IT, MT, DK, SE).
·In most MS, specialist support is only available for victims of domestic violence.
·Specialist support services for victims of other forms of violence such as sexual violence, FGM and sexual harassment are, if at all, available in a much lower number (AT, BE, FR, MT, PT, ES).
·Specialist support services do not cater for the needs of specific groups of victims (AT, BE, IT, PT, SE).
·In the majority of the MS, measures tackling specifically cyber harassment are lacking (AT, BE, BG, HR, CY, CZ, DK, EE, FI,DE,GR, HU, IR, IT, LV, LT, MT, NL, PL, PT, RO, SK, SL, ES, SE).
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·Victims of all forms of violence against women and domestic violence to have access to specialist support services.
·Victims of cyber violence against women to receive targeted support, such as receiving legal advice on how to remove illegal online content and stalkerware.
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Article 27
Specialist support for victims of sexual violence
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·Lack of standardised protocols and guidelines that set clear procedures in the provision of treatment and care to victims of sexual violence (in particular MT, ES, NL).
·The number of rape crisis centres and/or sexual violence referral centres are insufficient to ensure proper coverage and easy access by victims of sexual violence (AT, BE, FR, IT, NL, PT, ES, SE).
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·Effective support to victims of sexual violence through rape crisis or sexual violence referral centres.
·Covers gaps in several Member States by ensuring that rape crisis and sexual violence referral centres are appropriately equipped, free of charge and easily accessible every day of the week, and ensure the preservation and documentation of evidence.
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Article 28
Specialist support for victims of female genital mutilation
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·Different agencies providing support to victims of FGM do not cooperate (EL, LV, RO); open public consultation 2021.
·Multi-agency cooperation to be strengthened to ensure coordinated cooperation between the actors in charge of prevention, protection and support services to tackle harmful practices against women in 14 MS (OPC 2021);
·Lack of awareness of FGM and lack of cultural sensitivity among health professionals, insufficient information on available support, insufficient access or insurance coverage of reconstructive surgery, insufficient services for children, youth and migrants and insufficient funding identified as challenges in the EU (End FGM position paper).
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·Member States to ensure support to victims of FGM, including gynaecological, sexological, psychological and trauma care and counselling tailored to the specific needs of such victims.
·Provision of information on public hospital units where reconstructive surgery is performed.
·Support service provision to be covered in further detail in the upcoming Recommendation on harmful practices.
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Article 29
Specialist support for victims of sexual harassment at work
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·Social partners highlight that very few risk assessments are carried out and when they are, they do not include psychosocial risks (targeted consultation workshops).
·Gaps identified in protection, support and prevention of sex-based harassment (EELN 2021).
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·Victims of sexual harassment at work to be provided effective access to gender-responsive, safe and effective complaint and dispute resolution mechanisms, support and dedicated remedies, including through services external to the workplace.
·Relevant national inspection bodies, or other relevant authorities to inspect and investigate cases of sexual harassment at work.
·This can include the suspension of work activities of the victim and/or offender.
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Article 31
Shelters and other interim accommodations
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·Insufficient availability of shelters to victims of violence against women and domestic violence (all MS reviewed by GREVIO according to GREVIO contribution to the targeted consultation).
·Barriers in accessing shelters for women whose children include boys above a certain age (AT, BE, PT), or children, or to women from certain risk backgrounds (GREVIO contribution to the targeted consultation).
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·Access to shelters and other interim accommodation to be ensured to victims of violence against women and domestic violence regardless of nationality, citizenship, place of residence or residence status.
·Shelters to address the specific needs of women victims and assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.
·Shelters or interim accommodations shall be equipped to accommodate the specific needs of children, including child victims.
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Article 32
Support for child victims
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·Shortcomings identified in the provision of specialist support services catered to the needs of children and women experiencing intersectional discrimination (AT, BE, IT, PT, SE).
·Risk assessments are not carried out for children experiencing domestic violence (in particular IT, RO).
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·Children to be provided adequate protection and specialised and age-appropriate support as soon as the competent authorities have reasonable grounds to believe that they might have been subject to or witnessed violence against women and domestic violence.
·Children in need of temporary accommodation to be placed in permanent or temporary housing. Placement in shelters to be a last resort.
·Provision of support services to be conducted in a child-friendly manner.
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Article 33
Safety of children
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·Lack of awareness among professionals (social workers, legal and health professionals, and psychologists) of the harmful effects of witnessing domestic violence on children. Barriers in access to age-appropriate support services paying due regard to the best interests of the child (including in FR, IT).
·Lack of necessary resources/infrastructure to ensure safe supervised visitation. Meeting spaces more equipped to deal with conflictual relationships than cases involving violence (FR, MT).
·Lack of sufficiently trained personnel for supervised visitation (AT, MT, ES).
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·Establishment of safe places to organise possible contact between a child and its parent offender of violence against women or domestic violence who has a right of access, where needed under supervision by trained professionals.
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Article 34 Targeted support for victims at an increased risk of violence
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·Limited support available for migrant and asylum seeking women to report violence or access services (BE, DK, IT, MT, NL, ES, SE).
·Inaccessibility of police premises for women with disabilities / mothers of children with disabilities (BE, FR, IT, PT).
·Barriers in accessing safe accommodation for victims belonging to vulnerable groups such as women with disabilities or older women. In AT, PT, women with mental health issues are not admitted to shelters.
·Exclusion of migrant and asylum-seeking women from sheltered accommodation (AT, BE - with regards to women present in the country unlawfully, who have no income and no entitlement to public assistance – FR, PT, ES, MT – indirectly).
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·Specific protection and support to victims with specific needs, such as women with disabilities, women with dependant residence status or permit, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, and older women.
·Possibility to report occurrences of violence against women or domestic violence in reception and detention centres to the relevant staff.
·Support services available for third-country national victims of violence against women and domestic violence, including for applicants of international protection and for persons subject to return procedures in detention centres.
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Chapter V: Prevention
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Article 35
Preventive measures
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·Lack of awareness-raising initiatives to tackle underlying patriarchal and stereotypical attitudes (BE, IT, NL, PT).
·Insufficient teaching material on issues such as equality between women and men, gender roles, etc. (FI, IT, MT, SE).
·Prevention strategies and awareness raising campaigns are limited to domestic violence (BG, HU).
·Absence of sustained and long-term efforts to raise awareness through regular and long term awareness-raising campaigns and activities to help all members of society recognise violence against women and support its victims (including in AT, BE, FI, MT).
·Campaigns are limited in geographic scope instead of being implemented at all levels of the state (i.e., national, regional, local) (BE, DK, FI, IT, PT).
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·All Member States, including the 6 Member States which did not ratify the Istanbul Convention to develop awareness-raising campaigns, research and education programmes, on all forms of violence against women and domestic violence, including sexual harassment at work with the aim to challenging harmful gender stereotypes and promoting equality between women and men.
·This will include targeted action addressed to groups at risk, including children.
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Article 36
Training and information for professionals
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·Lack of initial and in-service trainings for professionals and lack of guidelines based on a gendered understanding of violence against women and domestic violence (AT, BE, DK, FI, FR, IT, MT, NL, PT, ES, SE).
·Lack of training of social workers and relevant court appointed professionals (FR, IT, MT, PT)
·Need to expand training on different manifestations of violence against women, their detection and root causes (AT, BE, FI, FR, IT, MT, PT)
·Insufficient training or lack of sensitivity of professionals involved in providing medical care and forensic examinations in the area of sexual violence (IT, MT, NL )
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·Professionals likely to come into contact with victims to receive training and targeted information to identify cases of violence against women or domestic violence and to treat victims in a gender- and trauma-sensitive manner and to facilitate reporting.
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Article 37
Intervention programmes
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·Intervention Programmes are insufficiently available or the attendance by perpetrators of domestic violence is very low (DK, IT, PT, AT, FI, MT, NL).
·Referrals to perpetrator programmes are not integrated into the criminal justice system as a tool to reduce recidivism (FI, MT, NL).
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·Effective intervention programmes to be established to prevent and minimise the risk of committing offences of violence against women or domestic violence, or reoffending.
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Chapter VI: Coordination and cooperation
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Article 38
Coordinated policies and coordinating body
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·Member States who did not ratify the Istanbul Convention did not set up a national coordination mechanism for violence against women and domestic violence (CZ, SK, BG, HU, LV, LT).
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·All Member States to establish or maintain comprehensive and co-ordinated policies approach to prevent and combat all forms of violence against women and domestic violence.
·Member States to ensure the monitoring and policies evaluation including a coordinated collection of data at central, regional and local levels.
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Article 39
Multi-agency coordination and cooperation
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·Multiagency cooperation limited to cases of domestic violence (FI, MT,ES)
·Lack of effective co-operation and multiagency approach to the protection and support of victims in the area of domestic violence (IT, DK, PT, SE).
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·Appropriate mechanisms to ensure effective coordination and cooperation at the national level between all relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as non-governmental organisations, social services, including child protection or welfare authorities, education and healthcare providers, social partners - without prejudice to their autonomy, and other relevant organisations and entities.
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Article 40
Cooperation with non-governmental organisations
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·Insufficient involvement of stakeholders, in particular women’s support services and women’s non-governmental organisations in the design and implementation of awareness-raising campaigns and lack of financial support and to give them the financial means to do so (DK, FI, FR, IT, MT, ES).
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·Enhanced cooperation among Member States and civil society organisations working with victims of violence against women and domestic violence. The cooperation to cover support to victims, policymaking initiatives, information and awareness-raising campaigns, research and education programmes and training, as well as monitoring and evaluating the impact of measures to support and protect victims.
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Article 42 Union level cooperation
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·The Commission organises Mutual Learning Seminars on Gender Equality and exchanges information with Member States and stakeholders through the High-Level Group on Gender Equality and Advisory Committee on Gender Equality.
·No specific coordination structure on violence against women and domestic violence exists at EU level.
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·Member States to cooperate to improve the implementation of EU and national law on violence against women and domestic violence by:
- exchanging best practices and consulting each other in individual cases;
- exchanging information and best practices with relevant European agencies;
- providing assistance to European networks working on relevant matters.
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Article 43
Data collection and research
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·Justice sector authorities do not collect sex disaggregated data on victims/perpetrators of violence against women (BE, DK, MT, NL).
·Several Member States do not collect and transmit relevant administrative data from one public body to another (AT, BE, DK, FI, FR, IT, MT, SE).
·The difficulties in collecting data were noted by several MS, international organisations and non-governmental organisations in the targeted consultations.
·Lack of availability and regular collection of comparable EU-wide administrative data.
·The only available, comparable survey data at the EU level is the FRA survey from 2014. Currently, Eurostat is coordinating the follow-up survey on gender-based violence and other forms of interpersonal violence. Member State participation is voluntary.
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·Administrative data on violence against women and domestic violence to be collected and published regularly, including data disaggregated at least by sex, age of the victim and of the offender, relationship between the victim and the offender and type of offence.
·Population-based EU-wide survey to be conducted regularly to assess the prevalence of and trends in all forms of violence against women and domestic violence.
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