The necessary improvements in European legislation for the protection of victims of gender-based and domestic violence, and for the support of their rights in family law cases, were highlighted by Elena Kountoura’s event at the European Parliament.
The event of the Greek MEP, member of the FEMM Committee of the European Parliament, was attended by the UN Special Rapporteur on Violence against Women and Girls, representatives of major European women’s empowerment bodies and MEPs.
Elena Kountoura referred to the European Parliament’s work to improve the ongoing revision of the Victims’ Rights Directive, with demands for alternative safe reporting procedures, universal access for victims of gender-based violence and all victims of crime to comprehensive health services and free psychological support, free legal assistance and education-training for professionals with a focus on gender and children.
Lina Galvez, Chair of the European Parliament’s FEMM Committee on Women’s Rights and Gender Equality, called on national governments to implement the EU ratified Istanbul Convention, the first internationally binding legal instrument to address and prevent gender-based violence. He also called for the universal implementation of the ILO 190 International Convention on combating gender-based violence and sexual harassment in the workplace.
The FEMM Committee’s goal, she stressed, is to ensure appropriate standards of protection for victims, including the sexual and reproductive rights of victims of gender-based violence and their unimpeded access to justice.
A priority is the recognition and inclusion of gender-based violence in the EU list of crimes, enshrined in the Treaty on European Union, for universal application in all member states.
Reem Alsalem, UN Special Rapporteur on Violence against Women and Girls from 2021, has put forward 10 recommendations in the ongoing revision of the European Victims’ Rights Directive, namely:
- Mandatory, systematic and standardized gender and child-sensitive risk assessment in all cases of domestic violence in custody cases, applied prior to any custody or visitation decision. In this context, a clause should be included obliging Member States to provide appropriate training for judicial and social services staff.
- Safe and supported participation of victims in custody proceedings, such as the availability of separate rooms for hearings, the possibility of remote testimony, and free legal representation for victims.
- Long-term support for women and child victims, with free psychological support and practical assistance such as on housing, relocation, access to special support units for victims of domestic violence.
- Prohibition of custody and unsupervised visitation rights in cases of domestic violence, where there is a history of domestic violence and in accordance with the provisions of the Istanbul Convention,
- Need for a provision for horizontal mandatory training for judges, lawyers, social workers and all actors involved in custody decisions, with a requirement for Member States to certify staff within two years.
- Separate legal representation of child victims, independent of the parents’ lawyers, in custody cases.
- Addressing gaps in cross-border protection in custody disputes so that abusers do not take advantage of different jurisdictions between Member States.
- Funding of preventive information and awareness-raising campaigns on the risks of gender and domestic violence and in particular on custody issues, in cooperation and coordination with the organisations concerned.
- Establishment of monitoring and accountability mechanisms for the application of laws by Member States in cases of domestic violence and custody
- Ensure that the rights of all victims and their children in custody cases, especially migrant women, are strengthened, regardless of their residence status.
Carlien Scheele, Director of the European Institute for Gender Equality (EIGE), provided updated data according to which:
- one in three women have suffered physical or sexual violence in the European Union.
- one in five who have experienced violence have contacted health or social services following an incident of violence
- only one in eight make a complaint to the police.
In the EU Gender Equality Index published by EIGE last month, national realities differ significantly in the extent to which support services are provided to victims and in compliance with the Istanbul Convention standards.
Currently in the EU there is only one available shelter bed for victims per approximately 16,000 people, 39% of shelter beds are missing, and there are only seven countries that meet the minimum standards set. While only nine Member States can provide justice evidence for perpetrators.
He also said that legislation must be aligned with the specific needs of victims, who are exposed to the risk of secondary and repeated victimisation. She called for the immediate establishment of accessible sexual violence and rape victim protection centres, strengthening cross-border protection, implementing awareness-raising campaigns and collecting reliable and comparable data on the real extent of gender and domestic violence. Institutions must take greater responsibility for empowering women, providing legal support and holding perpetrators accountable, she said.
Susanna Pavlou, President of the European Network Women Against Violence Europe (WAVE), stressed that the progress made over the last decade on issues of equality and support for women is now under threat. Funding cuts for support programmes and services are being recorded, policies are becoming more restrictive, and support for women’s support organisations and institutions is decreasing. On the recent presentation of the Commission’s roadmap for the post 2025 strategy on gender equality, she stressed that it must be complemented by an ambitious political plan to combat stereotypes and discrimination, binding timetables and adequate funding for specialised service programmes offered by women’s organisations and support organisations.
Viviane Teitelbaum, Vice-President of the European Women’s Lobby (EWL), speaking about the vision of Europe becoming a zero-tolerance zone for gender-based violence, called for a strong legislative framework for equality and combating gender-based violence and for strong political will to be translated into enforceable protection. She also called for the establishment of an EU Coordinator for the implementation of international Conventions and European Directives, strengthening the role and participation of women’s organisations, and the recognition of gender-based violence as a crime in the EU, including domestic violence.
Kiki Petroulaki, President of the European Anti-Violence Network (EAVN) in her detailed presentation referred to the case of Greece and the impact on victims of domestic violence of the incomplete or distorted implementation of International Conventions and European Directives.
The relevant European Directives have little application in Greece today, while the national legislation, focusing on Law 4800 on Family Law and compulsory co-parenting, violates key articles of the Istanbul Convention for the protection and support of victims. On the recent historic first European Domestic Violence Directive he said: “I am sorry to say. My country pretended to incorporate Directive 1385 of 2024”.
The risk assessment, victim protection measures and safeguards to be provided to victims in the context of restorative justice, as well as the operation of a sufficient number of Children’s Homes, pending since 2017. Due to current distortions, and using parental alienation (a concept that has been rejected by the UN, GREVIO, the European Parliament and the international scientific community), an abused woman must inform the abusive parent where the child is and encourage communication with the child, otherwise she risks being sued for child abduction and even removal of parental custody.
Ms Petroulaki stressed that there is no distinct child protection system in Greece. She cited a number of cases that constitute the “definition of secondary victimization, which the system itself does, our legislation does and applies to all women, to all children now. They put them at risk and exclude them from access to justice”.
The event was attended and addressed by Maria Guzenina, Member of the European Parliament, member of the FEMM Committee and former Finnish Minister of Health and Social Affairs, and Greek MEP Giorgos Aftias.
The whole event is available:
https://www.facebook.com/kountouraelena/videos/652082767308973