the 'Communication from the Commission on violence against children, young persons and women', and the 'Amended Proposal for a European Parliament and Council Decision adopting a programme of Community action (the Daphne Programme) (2000-2004) on measures aimed to prevent violence against children, young persons and women'
Date: 1999-03-11
Institutions: European Committee of the Regions
Subjects: EU programme, action programme, child, violence, woman

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C 198/61

Opinion of the Committee of the Regions on:

— the ‘Communication from the Commission on violence against children, young persons and

women’, and

— the ‘Amended Proposal

for a European Parliament and Council Decision adopting a
programme of Community action (the Daphne Programme) (2000-2004) on measures aimed
to prevent violence against children, young persons and women’

THE COMMITTEE OF THE REGIONS,

(1999/C 198/12)

having regard to the Communication from the Commission on violence against children, young persons
and women and the Amended Proposal for a European Parliament and Council Decision adopting a
programme of Community action (the Daphne Programme) (2000-2004) on measures aimed to prevent
violence against children, young persons and women [COM(1998) 335 final — 98/0192 (CNS)] and
[COM(1999) 82 final — 98/0192 (COD)] (1);

having regard to the European Commission’s decision of 18 February 1999 to consult the Committee of
the Regions on the subject, under Article 129 of the Treaty establishing the European Community;

having regard to its Bureau’s decision of 16 September 1998 instructing Commission 7 (Education,
Vocational Training, Culture, Youth, Sport and Citizens’ Rights) to draw up an opinion on the subject;

having regard to the Draft Opinion (CdR 300/98 rev. 1) adopted by Commission 7 on 10 March 1999
(rapporteurs: Mrs Onkelinx and Mrs Van Den Brink),

having regard to the recommendations for actions for local and regional authorities across the EU to
combat child abuse, put forward at the seminar on ‘local and regional cooperation to protect children
from abuse’ in Brussels, on 4 December 1998, organised by Commission 7 in cooperation with the
National Society for the Prevention of Cruelty to Children (UK) and the Irish Society for Prevention of
Cruelty to Children (supported by the Daphne initiative),

unanimously adopted the following opinion at its 28th plenary session of 10 and 11 March 1999
(meeting of 11 March).

1.

Introduction

1.1. Violence against children and young persons

1.1.1.
Violence against children and young people is a real
social problem which is unfortunately widespread in all social
classes, regardless of their level of socio-economic and cultural
development.

and drug abuse, are factors which considerably increase the
risks of violence and hence the vulnerability of children. A
single case of such violence may involve physical, sexual or
psychological mistreatment, forms of exploitation of children,
or abandonment of children and new-born babies. These
phenomena are found worldwide and hence also in Europe.
Moreover, the COR underlines in particular the importance of
developing research on the impact of drugs and alcohol abuse
on the family environment.

1.1.2. Mistreatment of children means any deeds or negli-
gence by an individual, an institution or by society as a whole,
and all situations arising from such deeds or negligence, which
deprive children of their freedom or corresponding rights
and/or hinder their optimum development.

1.1.4. When discussing violence against children, one can-
not ignore the serious problems posed by networks using
Internet for child pornography. It is clear that Internet, through
its decentralized structure and worldwide extent, can facilitate
the establishment and development of such networks.

1.1.3.
It must, however, be noted that poor socio-economic
conditions and social status, the break-up of families and the
absence of social integration, and problems linked with alcohol

(1) OJ C 259, 18.8.1998, p. 2; OJ C 89, 30.4.1998, p. 42.

1.1.5.
On the other hand, the open nature of Internet can
also help towards the identification and arrest of people
involved in such networks, as shown recently by the vast
international operation which led to the dismantling of the

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‘Wonderland’ network. At all events, while one is aware of the
seriousness of the acts placed on the Internet by paedophile
networks, one should not concentrate on this problem alone,
since it is only one of the many aspects of violence against
children, and illegal behaviour on the network is only a small
part of the Internet traffic.

1.1.6.
Even if the public’s attention tends to focus more
on sexual exploitation of children and urban violence —
particularly in schools — let us remember that most acts of
violence, abandonment and mistreatment take place in the
family context. Some regional and local authorities, acting
within the powers conferred upon them, may take specific
measures to protect children: placement in foster families or
specialized institutions, monitoring of families in difficulties,
provision of financial aid, etc.

1.2.

International and European context

1.2.1.
levels and in different ways.

The need for concerted acknowledged at various

1.2.2.
action on a world scale to defend human rights and
to put an end to violence has long beenAt global level, the
1948 Universal Declaration of Human Rights, the 1989 United
Nations Convention on the Rights of the Child, Article 19 of
which lays down the right of everyone under 18 to protection
‘from all forms of physical and mental violence, injury and
abuse’, the 1990 World Summit for Children, the 1996
Stockholm Declaration and the Agenda for Action adopted by
the first World Congress against
the Commercial Sexual
Exploitation of Children, represent a considerable achievement
and form the basis for national and international measures in
the field from now on.

It is also accepted that children who have been
1.1.7.
abused or mistreated are at risk of becoming violent or
committing abuse themselves.

1.2.3.
At European level, the Convention for the Protection
of Human Rights and Fundamental Freedoms recognizes the
right of all people, including women and children, not to be
subjected ‘to inhuman or degrading treatment’.

1.1.8.
Any act of violence has an effect not only on the
victim, but also on his or her family and the whole of society.
Acts of violence directed against children, experienced within
the family or represented in the media are likely to affect their
physical, emotional or mental health; the children concerned
will require medical, psychological and social care.

All

these points call

1.1.9.
for special attention or a
reorientation of the action and measures to be taken by the
European Union.

1.1.10.
It is impossible to assess the real social costs of the
effects of violence. However, it is clear that the Member States
of the European Union spend a considerable amount on
medical
treatment, psychological and social support and
judicial matters arising from this social scourge.

1.1.11.
Although the financial aspect is hardly negligible,
the human aspect must remain the priority for all, and to this
end any action designed to reduce the risks and prevent acts
of violence, abandonment and mistreatment of children must
be supported. We would underline here the importance of the
role played by some regional and local authorities in mother
and child welfare and in providing child support services. Such
authorities have specific medical and social responsibilities —
particularly in the context of preventing the mistreatment of
children.

In this respect, the COR underlines the value of
1.1.12.
educational campaigns for the safety of children not only in
schools but also in out-of-school activities.

1.2.4. Moreover, the summit meeting of Baltic Sea States
held in Riga in 1998 encouraged the Member States to
associate themselves with the European Union’s joint measures
to combat trafficking in human beings and exploitation of
children of any kind.

1.3. The European Union’s response

1.3.1.
have an essential role to play in combating violence.

The Union, its Member States and its institutions all

It is essential to strengthen and develop Community
1.3.2.
action in this field, while taking care to respect the principles
of subsidiarity and complementarity.

At the invitation of the European Parliament, the
1.3.3.
Council and Commission have already taken a series of
measures, particularly in the fields of education, audiovisual
media and new technologies. Thus, in May 1998 the European
Council adopted a recommendation on the protection of
minors and human dignity in audiovisual and information
services, and an action plan intended to promote safe use of
the Internet is currently in the process of being adopted.

1.4. Violence against women

On the eve of the millennium, violence against
1.4.1.
women is still a worldwide phenomenon. One woman in two
encounters sex-specific violence at least once in her lifetime.
As we shall demonstrate below, sex-specific violence takes
many forms. It is disappointing that programmes against
sex-specific violence remain necessary despite all the attention
and activity which has been devoted to this question. Such
programmes are of undoubted importance.

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1.4.2.
inflicted on them on the basis of sex differences.

Violence against women is defined as all violence

1.5.

International and European context

This includes sexual violence, defined as follows (1):
1.4.3.
any interaction in which someone is forced to tolerate a sexual
approach or to perform or submit to sexual acts. This also
includes enforced prostitution and trafficking in women with
the aim of sexual exploitation.

Sex-specific violence also includes violence in the
1.4.4.
home, defined as follows: threatening behaviour with actual
use of physical and psychological violence within the home,
by the male against the female (ex)-partner (2).

1.5.1.
Apart from the declarations mentioned above, and
agreements specified as background to the Daphne Pro-
gramme, we would draw attention to two international
conventions which explicitly deal with equality between men
and women. The international (UN) convention against sex
discrimination deals extensively with sex-specific violence. It
includes recommendations for adequate legislative measures,
policy, and countering customs which encourage violence
against women. There must also be provision for victims. The
measures must not be directed solely at governments but must
also relate to individuals, organizations and firms (5).

1.4.5. We share the view that within the category of
women, vulnerable groups such as the handicapped, min-
orities, migrants and prisoners run a greater risk of violence.

1.5.2.
The Treaty of Amsterdam includes the definitive
statement that ‘gender equality is a fundamental principle of
the European Community’ (6).

1.4.6.
Sex-specific violence against women leads to per-
sonal distress and injury. Moreover, violence against women is
costly for society. According to a Dutch survey, the costs of
serious to very serious domestic violence affecting about
50 000 women came to 332,6 million Dutch guilders per
year. This would include legal and police costs, medical costs,
psychosocial help and social security costs (3). Prevention and
reporting of violence against women and children is necessary
and possible at an early stage. An important precondition is to
establish an approachable reporting point. Accessibility to this
reporting point for women must be guaranteed regardless of
their ethnic background, culture or nationality, Community or
otherwise.

Thus the Treaty implicitly comes out against the
1.5.3.
effects of discrimination such as violence against women as a
consequence of sex differences. The intention is that the Treaty
should be implemented both through legislation and through
action programmes. The Daphne Programme is an elaboration
of an action programme on violence against children, young
people and women. The contents of the programme are based
on the definitions in the UN convention, and the ‘gender
equality’ starting point is taken from the Treaty of Amsterdam.

1.4.7.
Another requirement is that officials who frequently
have dealings with residents, such as the basic social services,
should be expert in the early detection of signs of violence in
and around the home.

1.6. The European Union’s response

1.4.8.
Comparative research has recently been carried out
in England, the Netherlands and elsewhere into the form and
extent of violence against women. One of the conclusions of
this research is that hidden violence forms a large part of the
total percentage (4). Violence against women is mostly dom-
estic and thus escapes observation. The perpetrators are often
known to the victims. This affects the victim’s willingness to
make a statement. Surveys of victims show that violence
against women and children is proportionally the most
common form of crime. These offences are not reflected in the
crime statistics.

1.6.1.
In the past the European Parliament has repeatedly
given its views on subjects related to sexual violence. When it
is a question of influencing national legislation and setting
priorities in the policy for bringing offenders to justice, the
Committee of the Regions feels that the Council and the
Commission could follow an active, transparent policy com-
bining the elimination of sex-specific violence with concern
for increasing women’s safety. Following on from this, the
proposed Daphne Programme is an effective instrument to
combat sex-specific violence. In support of regional and local
policy on violence against women, our comments should be
taken into account in the objectives and implementation of
the programme.

(1) Cf. Bolan, 1988.
(2) J. Korf et. al., Economic costs of domestic violence against women,

Stichting Vrouwenopvang, Utrecht, 1997.

(3) J. Korf et. al., op. cit., pp. 71 ff.
(4) T. Van Dijk et. al., Huiselijk Geweld, aard, omvang en hulpverle-

ning, Ministry of Justice, 1997.

(5) Het Vrouwenverdrag in Nederland anno 1997, Report by the

Groenman committee, VUGA, The Hague, 1997, p. 125.

(6) R. Keith, EU equality policies post-Amsterdam, European Infor-

mation Service Issue 191, July 1998.

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2. Specific comments

Creation of the Daphne Programme

2.1. The programme’s objectives

2.1.1.
The Daphne initiative has been included in the
European Parliament’s 1997 budget, with a view to funding
actions to combat violence inflicted inter alia on children,
young people and women.

2.1.2.
The Committee of the Regions takes the view that
what is required to combat violence against children, young
people and women is above all working closely with the
people involved and finding responses which match the
socio-cultural diversity found in the various countries of the
European Union. Because of their familiarity with the local
scene, regional and local authorities are actively involved in
this task both in rural and urban areas.

level;

local and regional

2.1.3.
In this connection it is clear that the actions must be
the added value
carried out at
which the European Union can provide here is in terms
of coordination, cooperation and exchange of information
between the different projects so that those working in the
field and the public authorities can take advantage of the
differing experience acquired while still pursuing the joint
objective of the programme. Regional and local authorities,
which are concerned with child protection on a daily basis,
should also be involved in actions carried out under the
Daphne programme.

2.1.4.
The Committee also stresses the need for the actions
under the Daphne Programme to be promoted and implement-
ed in cooperation with regional and local bodies and auth-
orities, which are the institutions closest to the citizen and
which already provide a wide range of community measures
and services to prevent weaker families and individuals suffer-
ing hardship.

2.1.5.
This programme is in line with the above since its
primary objective is to assist and encourage NGOs and
charitable organizations which are active in combating viol-
ence. Indeed, the Committee of the Regions feels that the
experience acquired by these organizations in this field makes
them fundamental and indispensable links.

The Committee of

the Regions would therefore
2.1.6.
favour inclusion in the programme of a range of actions
designed to promote the establishment of networks,
the
exchange of information, coordination and cooperation at
Community level. Some authorities for example have already
installed telephone help lines to ensure that victims of
mistreatment receive more rapid assistance. Since each individ-
ual case necessitates a specific response, the Committee of the
Regions considers that the daily work of the counsellors
concerned might be made easier if they had access to a
network recording all the different practices in the Member
States.

2.1.7.
Organizations composed of professionals and volun-
teers which play a part in preventing and combating violence
against women often work at local and regional level. In many
cases these organizations have sought to cooperate with local
and regional authorities. This can give good results and the
COR, therefore, calls for projects involving such cooperation
to be encouraged and supported in this field. Such cooperation
can be of a policy and/or financial nature and the organizations
are often entrusted with services and activities promoted by
the local authorities. In this context it is essential that local
government have permanent departments for women and
minors providing the basic social services.

2.1.8.
The Daphne Programme’s aim to stimulate data
exchange and cooperation, as well as dissemination and
exchange of successful approaches,
is supported by the
Committee of the Regions. The Committee notes that a direct
approach to the violence problem should be applied on the
spot.

2.1.9.
It seems from experience that the local and regional
level inclines towards a preventive, pro-active approach to
combating violence against women. Shelter for victims is
also increasingly provided in a local and regional context.
Information exchange should also be focused on local and
regional cooperative associations and local and regional activi-
ties.

In our view the emphasis in the Daphne Programme
2.1.10.
should be placed mainly on the exchange of successful projects
and activities to combat violence against women, and on
initiating and supporting networks for those affected.

Up-to-date information on research into the form,
2.1.11.
frequency and consequences of
sex-specific violence is
important for an effective approach to the problem. However,
too much emphasis on research could detract from support
for a practical, purposeful approach to sex-specific violence.

2.1.12.
Publicity campaigns work best on a national or
European scale. The main function of such campaigns is to set
the agenda of a subject. In view of earlier experience with a
publicity campaign on sexual violence, such an approach
should not arouse excessive expectations in terms of infor-
mation and raising awareness.

2.1.13. We think it important for the programme also to
devote attention to specialist training of intermediaries and
counsellors, e.g. those working with housing associations and
social services, doctors and police in the field of violence
against women. The presence of experts in this field can
provide a timely warning.

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2.1.14.
Violence against women is among other things a
consequence of the unequal balance of power between women
and men. It is therefore important to develop preventive
and remedial programmes which investigate the motives of
(potential) perpetrators of violence against women.

— Following up the implementation of the projects approved;

— Evaluating the projects implemented.

2.2. The programme’s budget (Article 3)

The COR stresses that the budgetary arrangements
2.2.1.
of the programme should be more clearly defined. It calls for
a budgetary breakdown giving a more detailed account of the
funding requirements of the actions involved.

2.2.2.
Reading the communication, the Committee of the
Regions noted that the programme is a response to very high
expectations on the part of the NGOs active in combating
violence and mistreatment. Thus, 428 projects involving
requests for subsidies amounting to ECU 35 million were
submitted in 1997 under the ad hoc budgetary heading.

The Committee therefore regrets that funding for the
2.2.3.
programme amounts to only ECU 25 million over five years,
particularly since the programme will be open to the 11
applicant countries as well as the 15 current Member States.

Structure of the programme

2.3.

Implementation (Article 2)

2.3.1.
The Committee of the Regions is pleased to note that
the actions envisaged in the programme will be implemented
in close cooperation with Member States, with the institutions
and with organizations which are active in the field. This is
completely consistent with the philosophy behind the actions
envisaged in Article 1 of the programme.

2.3.2.
In this context the Committee would stress the
important role which the local and regional authorities can
have in this field, given that some of them have institutional
powers in the matter, and that
they are closer to the
real on-the-spot conditions, thanks to their prevention and
guidance activities and their assistance to children and families
at risk. The regions could enjoy important responsibilities
for cooperating with the Commission through the advisory
Committee outlined in §2.5 of this present Opinion, during
the various stages of implementation:

— Requesting, for example, accreditation for bodies with a
public, proven track record of commitment to safeguarding
the human rights of minors and women;

2.3.3.
The COR welcomes the reference made to the need
to promote cooperation between NGOs and local and regional
authorities in this area in the ninth recital of the European
Commission’s amended proposal (17 February 1999), as put
forward by the European Parliament in its draft report on the
subject. However, it regrets that this emphasis is not reiterated
in Article 2 of the draft decision.

2.4. Consistency and complementarity (Article 4)

2.4.1.
The Committee of the Regions would like to stress
the concern for coordination and complementarity, both
the various actions under the
in the implementation of
programmes and with the actions under other relevant Com-
munity programmes and measures. This applies in particular
to actions which could be taken under the action plan to
promote the safe use of the Internet, and more particularly the
action to set up a European network of ‘hot-lines’.

2.5. Advisory Committee (Articles 4 and 6)

2.5.1.
The Committee of the Regions considers that Mem-
ber States’ participation in the process of selection, funding,
the programme is a logical
follow-up and evaluation of
consequence of the philosophy of Article 2(1) of the draft
decision.

2.5.2.
Although there are other mechanisms which ensure
greater involvement of the Member States in the process of
implementing the programme, the Committee can endorse the
use of a purely advisory committee to the extent that the
programme aims above all to provide support for actions
already in progress in the Member States.

2.6.

International cooperation (Article 7)

2.6.1.
The COR welcomes the Commission’s intention
to strengthen cooperation with third countries and with
international organizations competent in the field of public
health. It also welcomes the opening of the programme to the
associated countries of central and eastern Europe, Cyprus and
the EFTA countries, though it reiterates its concern over the
necessary budgetary provision to accommodate this opening,
as indicated in point 2.2.

— Assessing applications, contacting the programmes that
best correspond to the social reality of the area in which
they are to be implemented;

The COR in particular stresses that an international
2.6.2.
approach should be adopted with regard to trafficking in
women.

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2.7. Follow-up and evaluation (Article 8 )

There should also be separate projects to assist those accused
of violent crimes against women.

The COR underlines the importance of effective
2.7.1.
monitoring and implementation of
the programme and
stresses the need to involve all relevant actors in the evaluation
process, including local and regional authorities whose com-
petent services will be involved in implementing the action
lines.

3. General comments

3.1. Measures specific to children, intended to strengthen protection

of children against violence

The Committee of the Regions supports the proposal
3.1.1.
to instruct Eurostat
the non-
to collect and analyse all
confidential statistics relating to sexual abuse, abandonment
and exploitation of children and sexual violence against them
in the Member States, and in the eleven applicant countries
which are also beneficiaries of the Daphne programme, and
the proposal to recommend to Member States that they make
the best possible use of Europol resources, both to search for
missing children and for legal action to be taken against the
offenders or networks of offenders concerned.

3.1.2.
and police cooperation as envisaged under the ‘third pillar’.

These proposals are in line with increased judicial

3.1.3.
These measures, which mainly concern missing
children or sexually exploited children, must not be allowed to
disguise the fact that most mistreatment occurs in the family
context.

3.1.4.
phenomenon, but it is far more common in our society.

It is true that less media attention is devoted to this

3.1.5.
political society has become aware of these problems.

It is only quite recently that the whole of civil and

3.1.6.
The Committee of the Regions suggests that practical
actions to prevent mistreatment within the family should also
be supported, taking account of the experience of many
charitable organizations working in the field without publicity
for many years.

3.2. Specific measures regarding women

Recommendations

Given the nature of violence against women (often
3.2.1.
in domestic situations and perpetrated by someone they
know), notification, prevention and shelter is needed at
district and municipal level. We therefore make the following
recommendations. The police should give more priority in
their investigation policy to identifying those who use violence
against women and children. The prosecution service should
issue instructions on this policy.

1.

2.

3.

intensify research into the effectiveness of measures above
all at local and regional levels;

investigate the possibilities in areas of policy and existing
institutions which are best suited to deal with the problem
of violence against women,
involving a mass media
awareness campaign;

shift the emphasis in the programme to concentrate less
on research and more on innovative and successful
projects;

4. devote attention not only to victims but also to per-
petrators of violence against women. In this respect, it is
worth highlighting the contents of the report from the
European Parliament Committee on Women’s Rights on
the need for an EU-wide campaign on zero tolerance of
violence against women. It is also necessary to consider that
the Commission propose the organization of information
campaigns and training and education programmes for
children on the effects of violence;

5. obtain more information on the costs linked with violence

against women in the various European countries.

3.2.2.
illustrate these recommendations:

Some examples (1) of regional and local initiatives to

Local policy on safety provides a starting point for a preventive,
notifying policy towards sex-specific violence. Violence against
women is not just a question of social assistance. In one
locality the local authority has set up a project group on
violence in the family. Participants include the local authority’s
safety office, a foundation providing shelter for women and
the relevant national ministry. The workgroup has drawn up
an implementation plan with four objectives:
improving
registration, assistance, notification and criminal proceedings.
The plans are currently being implemented.

3.2.3.
In one region, eight municipalities have decided to
set up local networks to deal with violence against women.
These networks operate as a multi-disciplinary team. Action
can be taken quickly and professionally on cases of sex-specific
violence against women.

3.2.4.
In one local police force, staff members have set up
— on their own initiative — a network for those affected by
domestic violence. Both police officers and social workers
belong to it. The network’s aims are to exchange experience,
increase specialized knowledge in this field and improve
practical police care.

(1) Because of time constraints we have only Dutch examples at the

moment.

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4 Conclusions

The Committee of the Regions is pleased at the political
4.1.
response provided by the Commission Communication and
the draft Council decision aimed at setting up a Community
action programme in the field of violence against children,
young persons and women, since this is an extremely wide-
spread and important problem which constitutes a gross
violation of fundamental human rights.

4.2.
Since combating violence against children, young
persons and women requires above all work on the spot and
local and regional responses, the Committee takes the view
that the programme will contribute a European added value by
establishing and strengthening cooperation and coordination
measures and exchanges of information between the various
experiments in the field.

4.3.
It notes that the programme is a response to very high
expectations on the part of the NGOs which are active in
combating abuse. For this reason, it regrets that the funding
for the programme is only ECU 25 million spread over five
years.

It welcomes the Commission’s concern to implement
4.4.
the actions of the programme in close cooperation both with
the Member States and candidate countries and with the
institutions and the organizations who are active in this field.
In this context, it stresses the importance of the institutional
role which the regional and local authorities can play.

Brussels, 11 March 1999.

4.5.
It supports the proposal to instruct Eurostat to collect
and analyse all the non-confidential statistics relating to sexual
exploitation of children and sexual violence against them in
the Member States, and the proposal to recommend to Member
States that they make the most of Europol resources.

4.6.
It also suggests that attention should continue to focus
on the whole aspect of mistreatment within the family — a
phenomenon which has remained too long a taboo, to the
detriment of children’s welfare. To this end, the Committee of
the Regions also thinks it necessary to support all assistance
and prevention actions related to mistreatment of children
within the family.

4.7.
The COR notes the recent decision of the European
Commission to change the legal base of the draft decision of
the Daphne programme from Article 235 to Article 129
(public health). It calls on the European Commission, in this
respect, to explicitly mention in the recitals to the draft
decision that the definition of public health is given a wide
interpretation, in the light of the new provisions under the
Amsterdam Treaty, so that actions to prevent all forms of
violence against women, young persons and children affecting
their physical, emotional or mental health are covered under
the programme.

4.8.
In the COR’s view it must be clearly set out therefore
that the Daphne programme aims to cover the prevention of
violence including physical, sexual and psychological violence
and that actions concerning the prevention of sexual harass-
ment, sexual exploitation, sexual trafficking and abandonment
of children are not in any way excluded from the scope of the
programme.

The President

of the Committee of the Regions

Manfred DAMMEYER