Proposal for a Council Decision on a medium-term Community action programme on measures providing a Community-wide support to Member States action relating to violence against children, young persons and women (the DAPHNE Programme) (2000-2004)
Date: 1998-05-20
Institutions: European Commission
Subjects: EU action, child protection, crime against individuals, position of women, social policy, violence

•ttès»* 

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.05.1998 
COM(1998) 335 final 

98/0192 (CNS) 

COMMUNICATION FROM THE COMMISSION 

on violence against children, young persons and women 

and 

Proposal for a 
COUNCIL DECISION 

on a medium-term Community action programme on measures providing a 
Community-wide support to Member States action relating to violence against children, 
young persons and women (the DAPHNE Programme) 
(2000-2004) 

(presented by the Commission) 

SUMMARY 

This Communication has two  functions. 

1. 

It  introduces  a  proposal  for  a  Council  Decision  adopting  a  programme  of 
Community  action  2000-2004  on  measures  relating  to  violence  against  children, 
young persons and women. 

The  five-year  Community  action  programme  builds  on  the  DAPHNE  Initiative, 
which,  since  1997, has  supported  non-governmental  and  voluntary  organizations 
(NGOs)  throughout  the  European  Community  working  in  the  field  of  violence 
against women and children. 

NGOs play an essential role in this area, providing  services that public authorities 
are unable or lack the competence to provide and have at their disposal  significant 
expertise  and  experience  in  their  field.  They  are  a  source  of  innovative  and 
imaginative ideas and programmes. 

The  programme  provides  clear  added-value  at  Community 
level  through, 
inter alia,  the  setting-up  and  reinforcement  of  European  networks,  and,  on  the 
other  hand,  the  implementation  of  innovatory  projects,  the  results  of  which  are 
capable  of transfer  throughout  the  Community.  It complements  measures  already 
undertaken in the field  of justice and home  affairs. 

The  programme  will  run  for  five  years  and  provide  total  aid  of  ECU 25  million 
for  activities  in  two  principal  areas:  exchange  of  information  and  cooperation 
(networks)  at  Community  level  and  the  raising  of  public  awareness  and  the 
exchange of best practice. 

The  programme  will  be  opened  to  the  eleven  applicant  States  with  whom  the 
accession process has been launched. 

2. 

The  Communication  also  makes  specific  proposals  in  the  areas  of  violence 
towards children and violence towards women. 

In  the  case  of  children,  it  proposes  that  Eurostat  be  mandated  to  collect  and 
analyse  at  European  Union  level  publicly  available  statistics  on  child  sexual 
exploitation  and  abuse  within  the  Member  States,  in  order  to  provide  a base  for 
future  understanding  and action. 

It also supports the involvement of Europol  in the establishment, maintenance and 
standardization of official  registers of missing children within the Member States. 

In  the  case  of  women,  it proposes, within  the  framework  of the  actions  taken  by 
the  European  Parliament  and 
information 
campaigns  and  awareness-raising  programmes  as  well  as  the  promotion  of 
research, data collection and statistics in the field  of violence against women. 

the  Commission  during  1999, 

CONTENTS 

PARTI: 

BACKGROUND  TO  THE  PROBLEM  OF  VIOLENCE  AGAINST 
CHILDREN, YOUNG PERSONS AND WOMEN 

1. 

INTRODUCTION 

2. 

3. 

4. 

5. 

AIM OF THIS COMMUNICATION 

VIOLENCE TOWARDS CHILDREN, YOUNG PERSONS AND WOMEN 

THE INTERNATIONAL  BACKGROUND 

THE UNION'S RESPONSE 

PART II:  ESTABLISHMENT  OF THE DAPHNE PROGRAMME 

Exchange of information,  coordination and cooperation 

Raising of public awareness and exchange of best practice 

Opening the programme to the applicant countries 

4 

4 

5 

6 

7 

7 

9 

10 

10 

PART III:  SPECIFIC  MEASURES  TO  REINFORCE  THE  PROTECTION  OF 

CHILDREN AGAINST VIOLENCE 

10 

(a) 

The collection and analysis at EU level of publicly available statistics on child sexual 
exploitation and abuse 

10 

(b) 

Official  registers of missing persons in the Member  States and the role of Europol 

11 

PART IV:  MEASURES  SPECIFIC TO WOMEN 

12 

PARTI: 

BACKGROUND  TO  THE  PROBLEM  OF  VIOLENCE  AGAINST 
CHILDREN, YOUNG PERSONS AND WOMEN 

1. 

INTRODUCTION 

Violence towards children, young persons and women  is a phenomenon  in our society of 
very  long  standing  and  constitutes  a  gross  violation  of  their  basic  human  rights.  It  is, 
regrettably,  present  in  all  societies  and  at  all  levels  of  society,  regardless  of  levels  of 
development,  political  stability,  culture  or  religion.  It  is  found  both  in  the  public  and 
private  domains.  It  exists  worldwide,  and  therefore  is  prevalent  within  the  countries  of 
the European Union. 

Violence  against  any  human  being  without  lawful  cause  is  a  serious  violation  of  his  or 
her  human  rights.  The  1989  United  Nations  Convention  on  the  Rights  of  the  Child 
enshrines  the right of those under  eighteen  to protection  "from  all  forms  of physical  and 
mental  violence,  injury  and  abuse"1.  Following  the  Vienna  Declaration  of  1993  on  the 
Elimination  of  Violence  against  Women,  the  Declaration  and  Platform  for  Action 
adopted  by the  Fourth  World  Conference  on Women  held  in Beijing  in  September  1995 
declares  that  the  human  rights  of  women  and  girl  children  include  their  rights  to  have 
control  over,  and  decide  freely  and  responsibly  on  matters  related  to  their  sexuality, 
including sexual and reproductive health, free of coercion, discrimination  and violence2. 

The  issue  of  violence  against  women  and  children  requires  long-term  investment  and 
these measures  must be part of a coordinated  comprehensive  multi-disciplinary  approach 
to  the  problem,  involving  both  public  and  law-enforcement  bodies  as  well  as 
non-governmental  and voluntary organizations (NGOs). 

2. 

AIM OF THIS  COMMUNICATION 

This  Communication  seeks  at  European  level  to  reinforce  the  initiatives,  actions  and 
measures  taken  by  the  Member  States,  the  Community  institutions  and  NGOs,  against 
violence against children, young persons and women. 

(a) 

II 

action 

proposes 

Part 
programme 
a  multiannual  Community 
(the DAPHNE Programme) which is designed to establish  and reinforce  networks 
among  Community  NGOs  facilitating  the  exchange  of  relevant  information  and 
experiences,  to  promote  information  campaigns,  to  encourage  pilot  projects  and 
innovative  measures, to  stimulate  research  on  violence  and  the  exchange  of  best 
practice  on  support  children,  young  persons  and  women  at  risk.  The 
Council Decision  establishing  the  programme  is  based  on  Article  235  of 
the  Treaty  establishing 
the 
Explanatory Memorandum for the Decision. 

the  European  Community.  Part  II  serves  as 

l  Article 19. 
2  Chapter IV, Part C (Women and health), point 97. 

(b) 

Part  III  proposes  specific  measures  to  protect  children  from  violence.  These 
measures  aim  to  promote  and  improve  the  collection  and  analysis  of  publicly 
available statistics on child sexual exploitation  and abuse as an essential basis  for 
present  and future  actions in the field,  and also to make full  use of the services of 
Europol  in  the  search  for  missing  children.  They  fall  under  Title  VI  of  the 
Treaty on European Union. 

(c) 

Part  IV  proposes  specific  measures  against  violence  towards  women  in  the 
framework  of events to be organized during  1999 at Community level. 

3. 

VIOLENCE TOWARDS  CHILDREN, YOUNG PERSONS AND WOMEN 

Various  factors  increase  the  vulnerability  of both  women  and  children  to  violence:  poor 
socio-economic  conditions,  status  in  society,  the  breakdown  of  the  family  and  other 
support mechanisms, lifestyle  crises such as drug or alcohol abuse, perceptions of women 
and  children  as  legitimate  sexual  targets.  This  violence  may  include  both  physical  and 
psychological  ill-treatment. Available national  statistics  show that it is widespread  and of 
alarming proportions. 

The  sexual  exploitation3  and  abuse4  of  children  is  one  particularly  revolting  form  of 
violence.  It  includes  assault,  incest,  rape  and  trafficking  in  children,  involvement  in  the 
prostitution  of  children,  whether  as a procurer  or  client,  the manufacture  and  possession 
of  pornography  involving  children  and  its  dissemination  by  any  means,  including 
the Internet. 

Urban  violence,  particularly  among  young  people,  and  violence  in  schools  are  all  too 
common  a feature  of  our  society  today  at  all  levels.  They  occur  particularly  in  deprived 
urban  areas  which have  above-average  poverty,  bad  housing  and  social  conditions  and  a 
population drawn from different  ethnic groups. 

Although cases of sexual violence tend to attract the greatest amount of public notice and 
to cause the  greatest  revulsion,  the vast  majority  of  acts of violence  against  both  women 
and  children  are  of  a non-sexual  nature.  Both  types  of  violence  occur  most  often  in  the 
domestic  situation. 

A  frequent  feature  of  domestic  violence  against  women  and  children  which  deserves 
special attention in the legislation of the Member States is the fact that it is  systematically 
repeated over a period of time. 

Statistics  and  existing  evidence  show  that  women  and  children  in  certain  vulnerable 
groups may be at a greater risk of violence. These include, in particular the physically and 
mentally  handicapped,  those  in  ethnic  minorities,  migrants,  refugees,  victims  of  racial 
discrimination,  those  in  prison  and  those  engaged  in  the  sex-industry  and  in  other 
activities which place them at risk of sexual abuse or exploitation. 

The  term  "exploitation"  is  used  to  describe  a  situation  which  generally  involves  a  third  party  who 
makes a profit  either financial  or in kind. 
The  term  "abuse"  is used  to  describe  a situation  which  generally  does  not  involve  a third  party  and  is 
often  perpetrated  in the home or by a person known to the child. 

All acts of violence have an impact not only on the victims, but also on their families  and 
on  society  as  a  whole.  Particularly  in  the  case  of  children,  acts  of  violence  directed 
towards  them  and  other  acts  of  violence  occurring  within  the  family  or  viewed  in  the 
media  may  have  consequences  which  are  likely  to  affect  their  physical,  emotional  and 
mental  health.  Evidence  suggests  that  abused  children  are  at  risk  of  becoming  abusers 
themselves in later life. 

Since the victims of violence  are often  reluctant  to admit  the  cause of their  injuries,  it is 
impossible to calculate the costs to society as a whole. A recent  study5 carried  out at the 
request  of  the  Dutch  authorities  put  at  more  than  ECU  145  million  the  total  annual 
"costs"  of  violence  against  women  in  the  Netherlands  alone.  On  any  view,  the  costs 
throughout  the  European  Union  and,  in  particular,  those  to  the  public  funds  of  the 
Member  States, to provide the necessary medical  treatment  and psychological  and  social 
support  resulting  from  violence  must  be  substantial.  Any  action  which  serves  to  reduce 
them can only be welcomed. 

4. 

THE INTERNATIONAL  BACKGROUND 

The  need  for  concerted  action  throughout  the  world  to  defend  human  rights  and  to 
eliminate violence has long been recognized at different  levels and in different  ways. 

At international level: 

the  Universal  Declaration  of Human  Rights  in  1948, the  Convention  of  1979  on 
the  Elimination  of All  Forms  of Discrimination  against  Women,  the  Convention 
of  1989  on  the  Rights  of  the  Child,  the  1990  World  Summit  for  Children,  the 
Vienna  Declaration  of  1993 on the  Elimination  of  Violence  against  Women,  the 
1994 Cairo  World  Conference  on Population  and  Development  and  the  platform 
for  action  of  the  1995  Beijing  Conference  on  Women  the  latter  calling  upon 
Governments  and  international  organizations,  in  particular  to  "take  integrated 
measures 
to 
"eliminate trafficking  in women and assist victims of violence  due to  prostitution 
and  trafficking"7; 

to  prevent  and  eliminate  violence  against  women"6  and 

the  1996  Stockholm  Declaration  and  Agenda 
first 
World Congress  against  the  Commercial  Sexual  Exploitation  of  Children, 
representing  a landmark  and forming  a basis for  national  and  international  action 
in this field today. 

for  Action  at 

the 

at European level: 

the  European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental 
Freedoms  recognizing  the  rights  of  all  persons,  including  women  and  children, 
to  inhuman  or  degrading  treatment"  and  the 
not  to  be  "subjected 
Final  Declaration  and  Action  Plan  adopted  in  Strasbourg  on  11 October  1997  at 
the second Summit of the Council of Europe; 

5 

Economic  costs  of  domestic  violence  against  women,  Utrecht,  Stichting  Vrouwenopvang  Nederland, 
1997. 

6  Objective  Dl. 
7  Objective  D3. 

the  Baltic  Sea  States  Summit  in  Riga  on  22-23  January  1998  supporting  and 
associating  its Member  States  with  European  Union  Joint  Actions  on  combating 
trafficking  in human beings and sexual exploitation of children. 

5. 

THE UNION'S  RESPONSE 

The Union,  its Member  States and institutions  all have essential  roles to play in the  fight 
against violence. While the principle of subsidiarity is fully  recognized, there is a need to 
reinforce  and develop Community action in this  field. 

The  European  Parliament  has on many occasions8 underlined  the  need  for  action  against 
violence against women and children and, to this end, has called upon the Commission to 
draw up and implement coordinated action programmes to combat this violence. 

The  Council  and  the  Commission  has  taken  action  in  the  fields  of  Justice  and 
Home  Affairs,  social  policy,  in  particular  in  the  area  of  public  health,  education, 
audio-visual  services,  the  Internet,  information  policy,  tourism  and  the  Union's 
external relations. 

The basis for  Community  action  in the fight  against  the  sexual  abuse and  exploitation  of 
children  was  set  out  in  the  Aide-Mémoire  of  25  September  1996  building  on  the 
Action Plan of the Stockholm World Congress. 

In  the  case  of  women,  the  Commission  supports  an  active  and  visible  policy  of 
mainstreaming  and  the  inclusion  of  a  gender  perspective  in  all  European  policies  and 
programmes,  and  for  the  closer  integration  of  issues  relating  to  violence  against  women 
within the framework  of European Community policy. 

In  addition  to  the  measures  already  planned  at  Union  level,  the  Commission  considers 
that action is called for as set out in Parts II, III and IV of the  Communication. 

PART II:  THE ESTABLISHMENT  OF THE DAPHNE  PROGRAMME 

The  European  Parliament  inserted  into  the  1997  budget  a  line  (B3-4109)  to  cover 
measures  for  combating  violence  against  children,  young  persons  and  women 
(the DAPHNE  Initiative).  The  Commission  is  now  bringing  forward  a  legal  instrument 
for  the  DAPHNE  Programme  proposing  a  Council  Decision  adopting  a  programme  of 
Community  action  2000-2004  on  measures  providing  a  Community-wide  support 
to 
Member States action relating to violence against children, young persons and women. 

In  view  of  the  multi-disciplinary  character  of  the  programme  and  of  the  number  of 
different  Community  objectives  involved,  the  achievement  for  which  the  Treaties  have 
not  provided  the  necessary  powers,  the  Commission  is  proposing  Article  235  of  the 
Treaty establishing the European Community as the legal base for the Decision. 

8 

In particular see its following  Resolutions: 

19 September  1996 on minors who are victims of violence (OJ C 320, 28.10.1996, p. 190), 
12 December  1996 on measures to protect minors in the European Union (OJ C 20, 20.1.1997, 
p.  170). 
16 September  1997 on the need to establish a European Union-wide campaign  for zero tolerance 
of violence against women (OJ C 304, 6.10.1997, p. 55). 

The aim  of the programme  is to assist  and  encourage NGOs  and voluntary  organizations 
active  in  the  fight  against  this  violence.  NGOs  and  voluntary  organizations  play  an 
essential role in the fight  against violence against  children, young persons and women. In 
many  cases,  they  provide  services  which  public  authorities  are  unable  or  lack  the 
competence  to provide. Society will benefit  if the expertise  and experience  of NGOs  and 
their  ideas  and  programmes  are  stimulated  and  disseminated  throughout  the  Community 
and are shared  with like-minded  organizations  in other Member  States. The  Commission 
believes that the role of the programme is to foster this work. 

The  real  success  of  the  DAPHNE  Initiative  in  1997  lies  in  the  potential  unleashed.  As 
such, it represents very much a beginning of cooperative European action at NGO level in 
the  fight  against  violence  towards  women  and  children  and,  given  the  massive  interest 
demonstrated  by  NGOs  throughout  the  Community,  it  clearly  meets  a  deeply-felt  need 
within  the  voluntary  sector  active  in  the  field.  This  need  is  evidenced  by  the  fact  that 
428 projects  requesting  subventions  totalling  ECU 35  million  were  submitted.  In  the 
event,  because  of  the  funds  available,  the  Commission  was  only  able  to  support 
47 projects. 

The  DAPHNE  Programme  will  complement  the  work  undertaken  in  the  area  of justice 
and home affairs.  On 29 November  1996 the Council adopted a Joint Action establishing a 
multiannual  programme  against  trafficking  in  human  beings  and  sexual  exploitation  of 
children  (the  STOP  Programme)9.  This  is  an  incentive  and  exchange  programme  for 
those  responsible  for  combating  trade  in  human  beings  and  the  sexual  exploitation 
of  children,  such  people  being  defined  as  public  officials, 
for  example,  judges, 
police  officers,  civil servants,  immigration  and  tax  officers  and  social  workers.  As  the 
DAPHNE  Programme  covers the voluntary  sector, the two programmes  therefore  together 
include all the major actors involved in the fight against violence. 

Moreover, the DAPHNE Programme will assist the police and the judiciary, in particular by 
supporting  those  NGO  projects  which  deal  with  cases  of  missing  children,  with 
awareness-raising among police officers  of the special needs of children, young persons and 
women at risk. 

The actions to be proposed by NGOs under the programme  will involve, on the one hand, 
the  setting-up  and  reinforcing  of  European  networks,  and,  on  the  other  hand,  the 
implementation  of  pilot  projects  of  an  innovatory  character,  the  results  of  which  are 
capable of transfer  to other Member  States and regions, thereby providing an added-value 
at European level. 

A  multiannual  programme  will  provide  a  known  and  assured  budget  and  the  ability  to 
support  multiannual projects  as well  as a structured  framework  within  which  consistency 
and  continuity  in  the  different  areas  of  activity  can  be  assured  and  comprehensive 
coverage  can  be  achieved.  The  Commission  will,  as  in  the  past,  maintain  a  balance  in 
terms  of  funding  between  projects  fighting  violence  against  children  and  those  fighting 
violence against women. 

OJL322,  12.12.1996, p. 7. 

The  Commission,  in the  light  of  the  experience  of the  actions  in previous  years, will  be 
able to guide the programme towards those areas where particular action is needed and to 
help avoid unnecessary duplication of  effort. 

On  the  practical  level,  the  programme  will  contribute  to  its  aim  by  assisting  and 
encouraging NGOs and voluntary organizations throughout the EU: 

to work with each other and with public authorities working in the field, including 
the law-enforcement  agencies (networking); 

to improve the quality of their actions by means of pilot projects,  the exchange  of 
best practices  and the  dissemination  of  information,  inter alia,  through  seminars, 
conferences, publications and the Internet; 

to  raise  public  awareness  and  to  stimulate  and  exchange  best  practice  on  the 
support of children, young persons and women at risk. 

The  NGOs'  actions  will  be  implemented  within  two  principal  areas,  although  in  many 
cases these areas will inevitably overlap. They are: 

the exchange of information,  coordination and  cooperation; 

the raising of public awareness and the exchange of best practice. 

Exchange of information, coordination  and  cooperation 

(a) 

Among  NGOs and voluntary organizations  in the different Member  States 

The  experience  of  NGOs  dealing  with  the  problem  of  violence  differs  among 
Member  States  and  depends  on the  level  of  activity.  The  Commission  seeks  to  facilitate 
the exchange  of information,  coordination  and  cooperation  in this field among NGOs by 
encouraging  the  creation  and  development  of  networks  in  the  different  Member  States. 
NGOs  would  derive  particular  benefit  from  a  clearing-house  facility,  potentially  via  an 
Internet  web  site, which  collects,  analyses  and  makes  accessible  all  types  of  material  in 
the field, including issues relating to missing persons. 

(b) 

Among  NGOs  and public  authorities,  including  law-enforcement  officers  and 
social  workers 

The  Commission  has  noted  the  need  to  improve  contacts  between  NGOs  and  public 
authorities.  There  is  a  need  for  closer  cooperation  on  both  sides  in  order  to 
improve  efficiency  and  the  quality  of  service  in  the  interests  of  the  victims.  The 
DAPHNE  Programme  will  encourage  such  cooperation  through  actions  aimed  at, 
in particular: 

assisting  in the training of public officials  including police officers  in dealing with 
children, young persons and women at risk; 

increasing  mutual  understanding  of  the  role  that  NGOs  can  play  in  assisting 
public authorities. 

Raising public awareness and the exchange of best practice 

In this  area  of  action,  the  Commission  essentially  wishes  to promote  pilot  projects  with 
an  innovatory  value  which  involve  various  partners  and  which  will  support  actions 
capable  of  dissemination  among  other  Member  States.  Greater  understanding  of  the 
nature and extent of the problem of violence on the part of the public, and in particular on 
the part of children, young persons and women at risk, is vitally  important. 

Areas  of  activity  where  the  Commission  believes  that  action  could  usefully  be 
undertaken, include: 

awareness-raising  and  information  campaigns  for  the  public  at  large  and,  in 
particular, for women and children at risk; 

research programmes in the field of violence; 

stimulation  and  exchange  of  best  practice  on  the  support  of  children,  young 
persons and women at risk. 

Opening the programme to the applicant  countries 

Violence  against  women  and  children  is  a  serious  preoccupation  of  many  of  the 
applicant  countries.  The  European  Council,  at  its  meeting  in  Luxembourg  of  12  and 
13 December  1997,  decided  that  these  countries  should  have  the  opportunity  to 
participate  in  Community  programmes  as  a  key  feature  of  the  enhanced  pre-accession 
strategy.  It is therefore  in  line  with this intention,  as well  as constituting  a practical  step 
towards  the  strengthening  of  human  rights,  that  the  DAPHNE  Programme  should  be 
opened  to these  countries. The  opening  of the programme  to the  applicant  countries  will 
be  provided  for  in  the  Commission's  proposal  for  its  legal  base,  by  the  inclusion  of  an 
Article to this  effect. 

The  Commission  is  presenting  a  proposal  for  a  Decision  adopting  a  programme  of 
Community  action  2000-2004  on  measures  relating  to  violence  against  children,  young 
persons and women. 

PART III:  SPECIFIC  MEASURES  TO  REINFORCE  THE  PROTECTION  OF 

CHILDREN AGAINST  VIOLENCE 

(a) 

The collection and analysis at EU level of publicly  available statistics on child 
sexual exploitation  and abuse 

Accurate  statistics  concerning  child  sexual  exploitation  and  abuse  are  extremely  hard  to 
obtain.  Although  the  Member  States  all  maintain  records  of  criminal  convictions  and 
certain figures are available of the number of cases referred  to local social  services, many 
cases of exploitation and abuse, probably a majority,  are never reported to the authorities. 

The  Commission  considers  that  the  fight  against  the  sexual  exploitation  and  abuse  of 
children within the  EU must be based  on the  best available  information  of the  scale  and 
nature  of  the  problem.  It  is  recognized  that  not  all  Member  States  have  common 
definitions  of sexual offences  or even a consistent definition  of "child". 

10 

At present,  Eurostat  does not  itself collect the relevant  statistics. Nevertheless,  it has had 
considerable  experience of working with the authorities of the Member  States in the field 
of  the  harmonization  of  statistics,  particularly  in  the  area  of  social  policies.  Such 
harmonization  in  the  case  of  the  sexual  exploitation  and  abuse  of  children  within  the 
Member  States  would  be  of  great  value  in  forming  a proper  assessment  of  the  situation 
and in proposing measures to combat it. 

On  19  March  1998  the  Council  gave  a  mandate  to  Eurostat  to  collect  and  analyse 
statistical data in the fields of asylum and immigration. 

The  Commission  suggests  that  the  Council  should  give  a mandate  to  Eurostat  to  collect 
and  analyse  all  publicly  available  statistics  on  the  sexual  exploitation  and  abuse  of 
children within the Member States. 

(b) 

Official  registers  of  missing  persons  in  the  Member  States  and  the  role 
of Europol 

Official  registers  of  missing  persons  exist  in  some,  though  not  all  Member  States.  In 
certain  Member  States  they  are  maintained  at  regional  rather  than  national  level.  Their 
methods  of  operation  are  far  from  standardized,  in  particular  as  regards  definitions  and 
the  criteria  for  inclusion  in  the  registers  and  the  compatibility  and  accessibility  of  the 
Member  States'  databases.  The  creation  and  maintenance  of  these  registers  are  a  matter 
for the Member  States themselves. 

On  19  March  1998,  the  Justice  and  Home  Affairs  Council,  in  implementing  the 
Joint Action  of 24 February  199710, approved  proposals  concerning  missing  persons  and 
unidentified  corpses,  proposing  that  national  coordination  points  should  be  set  up  in 
respect  of  missing  persons  and  unidentified  corpses  or  that  existing  working  methods 
should  be  improved.  The tasks  of these  coordination  points  should  be to  collect,  analyse 
and  store  data,  exchange  data with  coordination  points  in  other  countries  via  Interpol  or 
under the  Schengen Information  System (SIS) and coordinate  information  and training. It 
further  proposed  that the handling  at national  level  of reports  of missing  persons  should 
be  improved,  with  priority  being  given  to  high-risk  categories  of  missing  persons,  in 
particular to children under  13 and young persons under  18 where it is suspected that they 
are in the company of people who may constitute a danger to them. 

In  order  to  provide  support  to  the  Member  States, the  EDU  and,  in  the  future,  Europol 
will take substantive  action  in the fields of information  exchange, analysis and support of 
operations. In the view of the Commission, a request for information  or the forwarding  of 
data  on  missing  children  via  the  ELOs  is  the  most  efficient  and  fastest  way  to  obtain 
relevant  information  from  other  Member  States  and  Member  States  can benefit  from  the 
accuracy,  relevance  and  absolute  confidentiality  of  the  data  transfer.  Access  to  other 
agencies  may be  obtained  through  the ELOs, and there  would  be no  language  barriers  to 
delay the forwarding  of information.  In cases where notification  to Interpol is appropriate, 
this  procedure  should  not  replace  such  notification,  and  the  Interpol  database  should  be 
used in order to avoid duplication of  efforts. 

10  O JL  63, 4.3.1994,  p.  2. 

11 

The Commission  suggests that: 

•  Member  States  should  use 

the  facilities  of  Europol  and 

in  particular 

its 

Europol Liaison Officers  in order: 

to  ensure  fast  mutual  assistance  in  the  tracing  and  recovery  of  missing  children 
with  a  view,  in  appropriate  cases,  to  taking  action  against  the  criminal(s)  or 
criminal networks involved; and 

to  improve  and  harmonize  the  existing  international  and  national  registers  of 
missing persons in the Member  States, in particular with regard to definitions  and 
criteria for  inclusion  in the registers  and the compatibility  and  accessibility  of the 
databases in and between the Member States; 

Europol's capacity to carry out detailed  analysis should be used to identify  and  initiate 
the  necessary  decisions  at  the  political,  legal  and  strategic  levels  and  in  order  to 
initiative or support international  law-enforcement  investigations  and operations  in the 
field of missing children; 

PART IV:  MEASURES SPECIFIC TO WOMEN 

In  response  to  the  original  request  of  the  European  Parliament11  to  organize  a 
European Year  against  Violence  towards  Women  in  1999,  the  Commission  eventually 
agreed  to  organize  a  series  of  campaigns,  for  example  conferences  and  exhibitions,  in 
conjunction  with  the  Parliament  and the  Presidency  of the  Council.  Preparations  for  this 
are  already  on the  way  at  the  level  of  the  UK Presidency  and  work  will  start  during  the 
Austrian  Presidency.  It  is  hoped  to  include  events  in  the  applicant  States.  These  will 
involve  the  exchange  of  information  and  experience  particularly  on  the  subjects  of 
prevention  and  protection  and  the  social  and  professional  rehabilitation  of  victims  of 
violence.  The  specific  measures  proposed  will  include  the  consolidation  and  analysis  of 
statistical  information  on violence  against  women  in the  Community.  Consideration  will 
need to  be  given to the needs  for  additional  financing  beyond  the funds  contained  in the 
DAPHNE  budget  line  (B3-4109).  Member  States  will  be  encouraged  to  contribute 
actively by drawing up their own initiatives during the year. 

the  major  conference 

For 
the  German  Presidency  on 
to  be  held  during 
International  Women's  Day  1999,  on  8 March,  a  report  will  be  prepared  containing  a 
comprehensive  consolidation  and  analysis  of  publicly  available  statistics  on  violence 
against women  in the Member  States. This report will be undertaken  in cooperation  with 
national  experts  from  all  the  Member  States  and  will  provide  a  solid  platform  for 
understanding  and  action  in  this  field  of  violence,  including  domestic  violence.  It  will 
bring  together  research  and  statistics  in  the  many  diverse  aspects  involved  in  the  issue, 
for  example, 
types  of  violence - in  particular  domestic  violence,  a  major 
preoccupation  for  the  European  Parliament  and  certain  Member  States  -  the  extent  and 
nature of self-inflicted  injury,  and the socio-economic costs of violence. 

the 

H  Resolution  of  16 September  1997 on the  need to  establish  a European  Union-wide  campaign  for  zero 

tolerance  of violence against women (OJ C 304, 6.10.1997, p. 55). 

12 

In conjunction  with this statistical report, a survey (Eurobarometer)  should be  undertaken 
to enable comparison between the existing tangible data and public perception within the 
Member  States  on  the  issue  of  violence  against  women.  By  including  representative 
social  examples  from  all  the  Member  States,  this  study  would  produce  a  more  refined 
analytical basis for realistic future  actions. 

For the second  major  conference  at the end of  1999 during the Finnish  Presidency,  a  full 
report  will  be  compiled  of  all  actions  undertaken  or  initiated  by  Member  States 
throughout  the year - for  example  conferences,  school  information  activities,  campaigns, 
pilot  projects,  reviews  of  mechanisms  including  legal  and  law  enforcement  measures  to 
protect and raise awareness of women's rights. 

The Commission suggests that: 

•  Member  States  should  promote  research,  collect  data  and  compile  statistics  on  all 
forms  of  violence  against  women,  in  particular  domestic  violence,  and  encourage 
research  into  the  effectiveness  of  measures  implemented  to  prevent  and  to  redress 
violence against women; 

•  Member  States  should  encourage  the  creation  and  reinforcement  of  structures, 
programmes  and  measures,  particularly  within  the  NGO  sector,  aimed  at  increasing 
the knowledge  and understanding  of the causes, the consequences  and mechanisms  of 
violence against women; 

in 

•  Member  States  should, 

the 
European Parliament  and  the  European  Commission  in  1999,  organize  and  fund 
information  campaigns  and  educational  and training  programmes  in order to raise  the 
awareness  of men, women  and  children  of the  detrimental  personal  and  social  effects 
of violence on victims, in the family, the community and society. 

framework  of 

the  actions 

taken  by 

the 

13 

Proposal for a 
COUNCIL  DECISION 
on a medium-term  Community action programme on measures providing a 
Community-wide  support to Member States action relating to violence against  children, 
young persons and women (the DAPHNE  Programme) 
(2000-2004) 

14 

SUMMARY OF ARTICLES 

Article 1 

The  Article  establishes  a  five-year  Community  action  programme  for  the  period 
2000-2004  on  measures  for  combating  violence  against  children,  young  persons  and 
women.  The aim of the programme  is to contribute towards the fight against this  violence 
and,  in  particular,  to  assist  and  encourage  NGOs  and  voluntary  organizations  active  in 
this fight. 

The proposed actions fall under two headings: 

1.  Networks, exchange of information,  coordination and cooperation at EU level; 

2.  Raising of public awareness and the exchange of best practice. 

Article 2 

The  Article  requires  the  Commission  to  implement  the  actions  in  cooperation  with  the 
Member  States and organizations active in the relevant field. 

Article 3 

The  Article 
programmes and actions. 

requires  consistency  and  complementarity  with  other  Community 

Articles 4 and 5 

The  Articles  establish  an  Advisory  Committee  with  representatives  from  each 
Member  State, chaired by the Commission, and lay down its procedures. 

Article 6 

The  Article  encourages  cooperation  with  third  countries  and  international  organizations. 
It also opens the programme to the applicant States. 

Article 7 

The Article provides for monitoring  and continuous  evaluation  of the programme  and  for 
the  Commission  to  report  to  the  European  Parliament  and  the  Council  during  the 
third year of the programme  and on its completion. The reports  should  also  be sent to the 
Economic and Social Committee and the Committee of the Regions. 

Annex 

The  Annex  sets  out  the  specific  objectives  and  actions  within  the  programme  under  the 
three headings in Article  1. 

15 

Proposal for a 
COUNCIL  DECISION 

on a medium-term  Community action programme on measures providing a 
Community-wide support to Member States action relating to violence against children, 
young persons and women (the DAPHNE  Programme) 
(2000-2004) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 235 thereof, 

Having regard to the proposal from the Commission12, 

Having regard to the opinion of the European Parliament13, 

Having regard to the opinion of the Economic and Social Committee14, 

Having regard to the opinion of the Committee of the Regions15, 

1. 

2. 

3. 

4. 

Whereas acts of violence against children, young persons and women  constitute  a 
serious breach of their human rights and inflict  serious damage to the physical and 
mental  health  of  the  victims  of  such  violence  and  to  their  families,  as  well  as 
involving high social and economic costs to society as a whole; 

Whereas  the  European  Parliament,  in  its  Resolutions  of  19  September  1996  on 
minors  who  are  victims  of  violence16,  of  12  December  1996  on  measures  to 
protect minors in the European Union17 and of  16 September  1997 on the need to 
establish  a European Union-wide  campaign  for  zero tolerance  of violence  against 
women18,  has  called  upon  the  Commission  to  draw  up  and  implement  action 
programmes to combat such violence; 

Whereas  direct  action  concerning  violence  against  women,  young  persons  and 
children is in essence part of Member States' activity at national or local level; 

Whereas, the Community can provide added value to the actions of Member  States 
concerning the prevention of violence against women, young persons and  children 
through the dissemination  of information  and experiences, the joint  establishment 
of  priorities,  the  development  of  networking  as  appropriate,  the  selection  of 
Community-wide projects and the motivation and mobilization of all involved; 

12  OJ 
13  OJ 
14  OJ 
15  OJ 
16  OJC  320, 28.10.1996, p. 190. 
17  OJC  20, 20.1.1997, p. 170. 
18  OJC  304, 6.10.1997, p. 55. 

16 

5. 

6. 

7. 

8. 

9. 

Whereas  this  programme  can  bring  added  value  by  identifying  and  stimulating 
good  practice  and  policies,  encouraging  innovation  and  exchanging  relevant 
experience; 

Whereas,  therefore,  in  accordance  with  the  principles  of  subsidiarity  and 
proportionality  as  set  out  in  Article  3b  of  the  Treaty,  the  objectives  of  the 
proposed  measure  can  be  better  achieved  by  the  Community;  whereas  this 
Decision  confines  itself  to  the  minimum  required  in  order  to  achieve  those 
objectives  and does not go beyond what is necessary for that purpose; 

Whereas  active  partnership  between  the  Commission,  the  Member  States  and 
non-governmental  organizations  (NGOs)  and  in  particular  women's  and  children's 
organizations needs to be promoted in this area and synergy between all the relevant 
policies and measures encouraged; 

Whereas  cooperation  with the international  organizations  competent  in the field of 
public health and with third countries should be fostered; 

Whereas provision  should be made for opening up this programme to participation 
by  the  applicant  countries  in  the  pre-accession  phase,  in  conformity  with  the 
conditions  established  in  the  relevant  agreements,  particularly  the  association 
agreements and the additional protocols to those agreements; 

10.  Whereas, in order to increase the value and impact of the programme, a continuous 
assessment of the actions undertaken should be carried out, with particular regard to 
their effectiveness  and the achievement of the objectives set and with a view, where 
appropriate, to making the necessary  adjustments; 

11.  Whereas this programme should be of five-year duration in order to allow  sufficient 

time for actions to be implemented to achieve the objectives set; 

12.  Whereas  for  the  purposes  of  the  application  of  this  Decision,  the  Commission 

should be assisted by an advisory committee; 

13.  Whereas  Article  2 of the Treaty provides  that  one  of the tasks  of the  Community 
is  the  promotion  throughout  the  Community  of  a high  level  of  social  protection 
and the raising of the standard of living and quality of life; 

14.  Whereas  under  Article  3(j)  and  (o) of the Treaty the  activities  of  the  Community 
include the strengthening of social cohesion and contribution to the attainment  of 
a high level of health protection; 

15.  Whereas  the  DAPHNE  Programme  will  contribute  to  the  achievement  of 

those  objectives; 

16.  Whereas  the  Treaty  does  not  provide,  for  the  adoption  of  this  Decision,  powers 

other than those under Article 235, 

17 

HAS DECIDED AS FOLLOWS: 

Article 1 
Establishment of the programme 

1. 

2. 

3. 

1. 

2. 

This  Decision  establishes  a  medium-term  Community  action  programme  on 
measures  relating  to  violence  against  children,  young  persons  and  women 
(the DAPHNE  Programme),  hereinafter  referred  to  as  "the  programme",  for  the 
period from 1  January 2000 to 31 December 2004. 

The  aim  of  the  programme  is  to  contribute  towards  protection  against  acts  of 
violence  towards  children,  young  persons  and  women  and,  in  particular,  to  assist 
and encourage NGOs and voluntary organizations active in this fight. 

The  actions  to  be  implemented  under the programme  and  their  specific  objectives 
are set out in the Annex and involve: 

(a) 

the  setting-up  of  networks,  the  exchange  of  information  and  coordination 
and cooperation at Community level; 

(b) 

the raising of public awareness and the exchange of best practice; 

(c) 

complementary expenditure. 

Article  2 
Implementation 

The  Commission  shall  ensure  implementation,  in  close  cooperation  with  the 
Member States, of the actions referred to in Article  1 (3). 

The  Commission  shall  cooperate  with  institutions  and  organizations  active  in the 
fight against violence against children, young persons and women. 

Article  3 
Consistency  and  complementarity 

The  Commission  shall  ensure  that  there  is  consistency  and  complementarity  between  the 
Community actions to be implemented under the programme and those implemented  under 
other relevant Community programmes and measures. 

Article 4 
Committee 

1. 

For  the  purpose  of  the  application  of  this  Decision,  the  Commission  shall  be 
assisted  by  a committee  of  an  advisory  nature  composed  of  the  representatives  of 
the Member States and chaired by the representative of the Commission. 

The representative  of the Commission  shall  submit to the Committee  a draft  of the 
measures to be taken. The Committee shall deliver its opinion on the draft,  within a 
time-limit which the chairman may lay down according to the urgency of the matter, 
if necessary by taking a vote. 

The opinion shall be recorded  in the minutes; in addition, each Member  State shall 
have the right to ask to have its position recorded in the minutes. 

The  Commission  shall  take  the  utmost  account  of  the  opinion  delivered  by  the 
Committee.  It shall  inform  the  Committee  of the manner  in  which  its opinion  has 
been taken into account. 

2. 

The Committee shall draw up its own internal rules of procedure. 

Article 5 
Functions of the Committee 

1. 

The  Committee,  acting  in  accordance  with  the  procedure  laid  down  in  Article  4, 
shall assist the Commission in particular concerning: 

(a) 

the  criteria,  and  procedures  for  selecting  and  financing  projects  under 
the programme; 

(b) 

the monitoring and evaluation procedure. 

2. 

The representative of the Commission shall keep the Committee regularly  informed 
about the overall state of progress of the programme. 

Article 6 
International  cooperation 

In the course of implementing the programme, cooperation with third countries and 
with  international  organizations  competent  in  the  field  of  public  health  shall 
be  fostered. 

The  programme  shall  be  open  to  participation  by  the  associated  countries  of 
Central Europe  (CEC),  in  accordance  with  the  conditions  laid  down  in  the 
Association  Agreements  or  Additional  Protocols  related  thereto  concerning 
participation  in  Community  programmes.  The  programme  shall  be  open  to 
participation by Cyprus on the basis of additional appropriations in accordance with 
the  same  rules  as  those  applied  to  the  EFTA  countries,  in  accordance  with 
procedures to be agreed with that country. 

Article 7 
Monitoring and evaluation 

In the  implementation  of  this  Decision, the  Commission  shall  take  the  necessary 
measures  to  ensure  the  monitoring  and  continuous  evaluation  of  the  programme 
taking account of the general and specific  objectives referred  to in Article  1 and in 

.  the Annex. 

During  the  third  year  of  the  programme,  the  Commission  shall  present  to  the 
European Parliament and to the Council an evaluation report. 

The  Commission  shall  submit to the European  Parliament  and the  Council  a final 
report on completion of the programme. 

1. 

2. 

1. 

2. 

j. 

19 

The  Commission  shall  incorporate  into  the  reports  referred  to  in  paragraphs  2 
and 3 information  on Community  financing  in the various  fields  of action  and  on 
complementarity  with  the  other  actions  referred  to  in  Article  3,  as  well  as  the 
results  of  the  evaluations.  It  shall  also  send  them  to  the  Economic  and 
Social Committee and the Committee of the Regions. 

Done at Brussels, 

For the Council 
The President 

20 

SPECIFIC OBJECTIVES  AND ACTIONS 

ANNEX 

I. 

ACTIONS  TO  SET  UP  NETWORKS  AND  TO  ASSURE  EXCHANGE 
OF  INFORMATION,  COORDINATION  AND  COOPERATION  AT 
EUROPEAN COMMUNITY LEVEL 

Objective: 

to  assist  and  encourage  non-governmental  organizations  and  voluntary 
organizations  (NGOs) to work  together with  each  other  and  with  officials  of 
public bodies including law-enforcement  officers  and social workers 

1. 

2. 

Support  for  the  establishment  of  networks  involving  NGOs  from  different 
Member States  in  order  to  facilitate  the  exchange  of  relevant  information  and 
experiences including issues relating to missing persons. 

Encouragement  of  cooperation  between  NGOs  and  officials  of  public  bodies  in 
order to improve on both sides the level of understanding of each other's role and to 
exchange relevant information  and experiences. 

II. 

ACTIONS  AIMED  AT  THE  RAISING  OF  PUBLIC  AWARENESS  AND 
THE EXCHANGE OF BEST PRACTICE 

Objective: 

to raise public awareness  about violence  against  children, young persons  and 
women 
the  purpose  of  sexual  exploitation, 
commercial  sexual  exploitation  and  other  sexual  abuse  and to  encourage  the 
exchange of best practice 

trafficking 

including 

for 

3. 

4. 

Promotion  of  information  campaigns  and  pilot  projects  and  awareness  raising 
activities  among  the  general  public  and,  in  particular,  among  children  and  young 
persons about potential risks of violence and of ways of avoiding them. 

Development  of  a  Community-wide  information  source  to  assist  and  inform 
NGOs  of  publicly  available  information  compiled  by  governmental,  NGO  and 
academic sources relevant to the fight against violence. 

5. 

Research programmes in the field of violence. 

6. 

* Stimulation  and  exchange  of  best  practice  at  Community  level  on  the  support  of 

children, young persons and women at risk. 

21 

III. 

COMPLEMENTARY  EXPENDITURE 

In  addition,  the  programme  will  finance  studies,  meetings  of  experts,  conferences  and 
seminars,  information  and  publications  directly  connected  with  the  realization  of  the 
action of which they are an integral part. 

22 

ISSN 0254-1475 

COM(98) 335 final 

DOCUMENTS 

EN 

06  05 

Catalogue  number  :  CB-CO-98-356-EN-C 

ISBN  92-78-36872-5 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg