COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS EU Strategy on victims' rights (2020-2025)
Date: 2020-06-24
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: EU strategy, crime against individuals, help for victims, indemnification, judicial cooperation, judicial cooperation in criminal matters in the EU, organised crime, restorative justice, right to information, violence

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 24.6.2020  COM(2020) 258 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS EU Strategy on victims' rights (2020-2025)  
 
 
INTRODUCTION 
Crime  can  affect  us  all.  Every  year  millions  of  people  in  the  European  Union1  become 
victims  of  crime.  A  Union  of  equality  must  ensure  access  to  justice  for  all  victims  of 
crime2 no matter where in the EU or in what circumstances the crime took place. 

Victims of crime must have access to support and protection at all times. The lockdown 
of society during the COVID-19 pandemic saw a rise in domestic violence3, child sexual 
abuse,  cybercrime,4  and  racist  and  xenophobic  hate  crime5.  It  is  therefore  crucial  to 
strengthen the framework for support and protection of victims and ensure it is resilient in 
crisis situations. 

This  first  EU  Strategy  on  victims’  rights  frames  the  Commission’s  work  for  the 
period  2020-2025.  It  also  invites  other  actors,  including  EU  Member  States  and  civil 
society,  to  take  action.  It  pays  particular  attention  to  the  specific  needs  of  victims  of 
gender-based  violence.  The  EU  will  do  all  it  can  to  prevent  and  combat  gender-based 
violence and to support and protect victims of such crimes. The strength of the EU is in 
its diversity. Therefore, the EU will do all it can to prevent and combat hate crime, in all 
its forms, including racial, anti-Semitic, homophobic, or transphobic hate crime. 

The EU has already adopted a solid set of victims’ rights. The Victims’ Rights Directive6 
includes the right to access information, the right to support and protection, in accordance 
with  victims’  individual  needs,  and  a  set  of  procedural  rights.  Other  relevant  EU  acts 
include the Compensation Directive7  and  EU rules on European protection orders8. The 
EU  has  further  adopted  instruments  that  respond  to  the  specific  needs  of  victims  of 
particular crimes: the Anti-trafficking Directive9, the Directive against sexual abuse and 

1  According  to  Eurostat,  in  2017,  around  15  million  serious  offences  (homicide,  child  sexual  exploitation, 
assault, kidnapping, sexual violence, rape, sexual assault and robbery) were recorded in the EU. 
2 As underlined by the Fundamental Rights Agency, Victims’ rights as standards of criminal justice – Justice for 
victims of violent crime (2019), victims’ rights to access justice and to protection are fundamental rights. 
3  See  World  Health  Organization  (March  2020)  on  the  increase  in  domestic  violence  during  the  COVID-19 
pandemic: https://www.who.int/reproductivehealth/publications/emergencies/COVID-19-VAW-full-text.pdf.  
4  Europol,  Pandemic  profiteering:  how  criminals  exploit  the  COVID-19  crisis,  March  2020,  see: 
https://www.europol.europa.eu/publications-documents/pandemic-profiteering-how-criminals-exploit-covid-19-
crisis.  
5 https://fra.europa.eu/en/publication/2020/covid19-rights-impact-april-1   
6  Directive  2012/29/EU  of  the  European  Parliament  and  of  the  Council  of  25  October  2012  establishing 
minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework 
Decision 2001/220/JHA (the ‘Victims’ Rights Directive’). 
7 Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (the ‘Compensation 
Directive’). 
8 Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European 
protection order and Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 
2013 on mutual recognition of protection measures in civil matters. 
9  Directive  2011/36/EU  of  the  European  Parliament  and  of  the  Council  of  5  April  2011  on  preventing  and 
combating trafficking in  human beings and protecting its victims, and replacing Council Framework Decision 
2002/629/JHA. 

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sexual  exploitation  of  children10  and  the  Counter-terrorism  Directive11  providing  for 
specific  rights  for  victims  of  terrorism.  The  EU  has  also  signed  the  Council  of  Europe 
Convention on preventing and combating violence against women and domestic violence 
(the Istanbul Convention)12. 

Despite this progress, recent reports13 show that victims of crime still cannot fully rely 
on their rights in the EU. Victims’ difficulties in accessing justice are mainly due to lack 
of  information,  insufficient  support  and  protection.  Victims  are  often  exposed  to 
secondary victimisation14 during criminal proceedings and when claiming compensation. 
Those who become victims of crime when travelling abroad find it even more difficult to 
access  justice  and  compensation.  For  the  most  vulnerable  victims,  such  as  victims  of 
gender-based violence, child victims, victims with disabilities, elderly victims, victims of 
hate  crime,  victims  of  terrorism  or  victims  of  trafficking  in  human  beings,  it  is 
particularly challenging to go through criminal proceedings and to deal with the aftermath 
of crime. 

Addressing  this  problem  starts  by  better  applying  EU  rules  on  victims’  rights  in 
practice. The Commission’s recent reports on the implementation of the Victims’ Rights 
Directive15  and  the  Directive  on  the  European  protection  order16  show  that  further 
progress  is  needed  to  reach  the  full  potential  of  these  instruments17.  This  is  mostly 
because  of  their  incomplete  transposition.  Most  Member  States  have  still  not  fully 
transposed  the  minimum  standards  agreed  in  the  EU  rules  on  victims’  rights18.  The 

10 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the 
sexual  abuse  and  sexual  exploitation  of  children  and  child  pornography,  and  replacing  Council  Framework 
Decision 2004/68/JHA. 
11  Directive  (EU)  2017/541  of  the  European  Parliament  and  of  the  Council  of  15  March  2017  on  combating 
terrorism  and  replacing  Council  Framework  Decision  2002/475/JHA  and  amending  Council  Decision 
2005/671/JHA (the ‘Counter-terrorism Directive’). 
12 The Istanbul Convention was signed by the EU in 2017. It is the benchmark for international standards in the 
field. To date, all Member States of the European Union have signed the Convention, and 21 have ratified it.  
13  See  in  particular  the  recent  Commission  implementation  reports  on  the  Victims’  Rights  Directive  and  the 
Directive on European protection order referred to below as well as several other recent reports in the area of 
victims’ rights also referred to below. 
14 Secondary victimisation can be defined as  negative consequences  for victims that  may result  from  victims’ 
participation  in  criminal  proceedings,  including  victims’  exposure  to  contacts  with  their  perpetrators,  judicial 
authorities and/or the general public. 
15  Report  from  the  Commission  to  the  European  Parliament  and  the  Council  on  the  implementation  of  the 
Victims’ 
https://eur-lex.europa.eu/legal-
COM(2020)188 
content/EN/TXT/?uri=COM%3A2020%3A188%3AFIN.  
16 Report from the Commission to the European Parliament and the Council on the implementation of Directive 
2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection 
order, 
https://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=COM%3A2020%3A187%3AFIN. 
17  Similar  conclusions  can  be  drawn  from  the  implementation  reports  on  the  Child  Sexual  Abuse  Directive 
(COM/2016/0871 and COM/2016/0872) and on the Directive on trafficking in human beings (COM (2016) 722 
final). 
18  The  Commission  has  21  on-going  infringement  proceedings  for  incomplete  transposition  of  the  Victims’ 
Rights  Directive  against  Austria,  Belgium,  Bulgaria,  Croatia,  Cyprus,  Czechia,  Estonia,  France,  Germany, 
Hungary,  Italy,  Latvia,  Lithuania,  Luxembourg,  Malta,  Poland,  Portugal,  Romania,  Slovakia,  Slovenia  and 
Sweden. 

COM(2020)187final, 

Directive, 

Rights 

final, 

see: 

see: 

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implementation reports also point to incorrect implementation into national legal orders. 
Full implementation requires that appropriate structures are in place providing for general 
and  specialist  support  services,  as  well  as  protection  in  accordance  with  victims’ 
individual needs. Moreover, all actors in  contact with  victims must be trained and  fully 
aware of victims’ rights. It is crucial that all Member States fully implement and apply the 
agreed  minimum  standards.  The  Commission  will  focus  on  ensuring  correct 
implementation of the EU rules through additional legal actions if necessary. In addition, 
the Commission will promote good practices both on how to achieve the agreed minimum 
standards  and  how  to  go  beyond  them.  Where  appropriate,  the  Commission  will 
propose to further strengthen EU rules on victims’ rights. 

Several  actors  have  presented  recommendations  on  how  to  improve  EU  policy  on 
victims’  rights.  In  preparing  this  strategy,  the  Commission  took  into  account  the 
December  2019  Council  Conclusions  on  victims’  rights19,  a  study  by  the  European 
Parliament20, as well as recommendations presented in several reports, including those of 
former Commission President Juncker’s Special Adviser on victims’ compensation21, the 
Fundamental Rights Agency22, and Victim Support Europe23.  

This  strategy  is  based  on  a  two-strand  approach:  empowering  victims  of  crime  and 
working together for victims’ rights. It is crucial to empower victims of crime so they 
can report crime, participate in criminal proceedings, claim compensation and ultimately 
recover  –  as  much  as  possible  –  from  consequences  of  crime24.  These  ambitious 
objectives can be achieved only if the Commission and all relevant actors work together. 
That is why this strategy focuses also on strengthening cooperation and coordination. 

The strategy presents five key priorities: (i) effective communication with victims and a 
safe environment for victims to report crime; (ii) improving support and protection to the 
most  vulnerable  victims;  (iii)  facilitating  victims’  access  to  compensation;  (iv) 
strengthening  cooperation  and  coordination  among  all  relevant  actors;  and  (v) 
strengthening the international dimension of victims’ rights. 

3 

on 

on 

2019. 

rights 

Council 

adopted 

victims’ 

December 

Conclusions 

19 
https://www.consilium.europa.eu/en/meetings/jha/2019/12/02-03/. 
20  European  Parliament,  Criminal  procedural  laws  across  the  European  Union  –  A  comparative  analysis  of 
selected  main  differences  and  the  impact  they  have  over  the  development  of  EU  legislation,  August  2018, 
available 
at 
https://www.europarl.europa.eu/thinktank/en/document.html?reference=IPOL_STU%282018%29604977.  
21 Strengthening victims’ rights: from compensation to reparation – For a new EU Victims’ rights strategy 2020-
2025,  Report  of  the  Special  Adviser,  J.  Milquet,  to  the  President  of  the  European  Commission,  Jean-Claude 
Juncker, 
https://ec.europa.eu/info/policies/justice-and-fundamental-rights/criminal-justice/protecting-victims-
rights_en.  
22 European Union Agency for Fundamental Rights, four reports on Justice for Victims of Violent Crime, April 
2019,  available  at  https://fra.europa.eu/en/publication/2019/victims-rights-standards-criminal-justice-justice-
victims-violent-crime-part-i.  
23  Victim  Support  Europe,  Victims  of  Crime  Implementation  Analysis  of  Rights  in  Europe  (VOCIARE), 
October 2019, available at https://victimsupport.eu/about-us/our-projects/vociare/.  
24 Restorative justice is important in this regard. Restorative justice encompasses a range of services, e.g. victim-
offender  mediation,  family  group  conferencing  and  sentencing  circles  (Recital  46  of  the  Victims’  Rights 
Directive). 

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EMPOWERING VICTIMS OF CRIME 

1.  Effective communication with victims and a safe environment for victims to 

report crime 

An  effective  policy  to  fight  crime  requires  that  national  authorities  ensure  a  safe 
environment for victims to report crimes.  Better support and protection to  victims of 
crime will result in increased security of all citizens in the European Union. 

Too  often  victims  are  not  aware  of  their  rights25.  Persons  in  contact  with  victims 
(including the first contact authorities) who should inform victims about their rights are 
often not well trained to do so26. Crime under-reporting is another serious problem. The 
fear of the offender or of negative consequences from participating in the judicial process 
often stops victims from reporting a crime. Cases of sexual and gender-based violence are 
largely  under-reported.  Only  about  one  third  of  women  who  are  physically  or  sexually 
abused,  mostly  by  their  partners  or  close  relatives,  contact  the  authorities27.  In  cases  of 
gender-based violence, utmost care should be exercised to avoid victimisation of children. 
It can also be difficult for a child to report a crime. Children are often victimised in the 
family environment, or by persons whom they depend on. It is therefore crucial to ensure 
special  reporting  mechanisms  for  such  victims.  Professionals  who  are  in  contact  with 
them  (such  as  health-care  staff  or  teachers)  should  be  trained  to  detect  crime  and  deal 
with it in an appropriate manner. 

It is also important that relevant professionals communicate with victims in a way that is 
adapted  to  victims’  specific  needs.  This  is  particularly  relevant  for  victims  with 
disabilities.  Professionals  who  are  in  contact  with  victims  with  disabilities  should  be 
trained to communicate with them in a way that takes into account any mental or physical 
impairment such as hearing or speech impairments. In addition, accessibility to premises 
for victims with disabilities must be ensured so they can report crime and participate in 
criminal proceedings.  

Moreover,  victims  of  crime  belonging  to  disadvantaged  or  vulnerable  communities  or 
minorities may have low trust in public authorities, which prevents them from reporting 
crime28.  Fundamental  Rights  Agency  surveys  show  a  considerable  level  of  under-

25 See in particular VOCIARE report by Victim Support Europe, p.4 and pp. 24-30. 
26  The  four  reports  of  the  Fundamental  Rights  Agency  on  victims’  rights  show  insufficient  level  of  training 
about victims’ rights among persons in contact with victims, including police, and highlight the important role 
of law faculties in educating lawyers, see for instance: Report Part I, Opinion 2, Report Part II, Opinions 2, 7, 
Report Part III, Opinions 2, 4 (in relation to practitioners’ general understanding of victims’ rights); Report Part 
IV stresses on the lack of practitioners’ understanding  of the needs and rights of women as victims of partner 
violence.  
27  https://ec.europa.eu/info/policies/justice-and-fundamental-rights/gender-based-violence/ending-gender-based-
violence_en 
28 See the Commission’s EU High Level Group report on combating racism and xenophobia and other forms of 
intolerance ‘Ensuring justice, protection and support for victims of hate crime and  hate speech: 10 key guiding 

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reporting  of  hate  crime  among  the  LGBTI+,  Black,  Muslim  and  Jewish  communities29. 
To increase crime reporting among members of these communities, it is vital to raise trust 
towards  the  public  authorities  by,  for  instance,  strengthening  cooperation  among  the 
relevant authorities and relevant communities30. It is equally important to ensure specific 
training about  non-discrimination for police and other persons coming into contact  with 
those victims31. 

An  increasing  share  of  our  lives  takes  place  online,  a  trend  further  accentuated  by  the 
COVID-19 pandemic. Cybercrime32 may include serious crimes against persons such as 
online sexual  offences  (including against children), identity theft,  online  hate crime  and 
crimes  against  property  (such  as  fraud  and  counterfeiting  of  non-cash  means  of 
payment).Victims  of  cybercrime  do  not  always  find  relevant  assistance  to  remedy  the 
damage  they  suffered  and  often  fail  to  report  a  crime.  Children  or  elderly  persons  in 
particular  may  lack  the  necessary  digital  skills  or  awareness  of  the  remedies  at  their 
disposal.  Reporting  cybercrimes  should  be  further  facilitated  and  victims  should  be 
provided with the help they need33. 

Raising  awareness  about  victims’  rights  is  an  indispensable  element  of  creating  a  safer 
environment  for  victims.  Therefore,  under  this  strategy,  the  Commission  will  promote 
better  communication  about  victims’  rights  and  victims’  needs  by  launching  an  EU 
awareness campaign on victims’ rights and by promoting training activities. 

The  EU  campaign  will  focus  on  raising  awareness  about  victims’  rights  in  general  and 
will promote specialist support and protection for victims with specific needs, such as 
victims of gender-based and domestic violence and victims of hate crime. Particular 

principles’  (December  2017)  and  the  Fundamental  Rights  Agency  report  ‘Ensuring  justice  for  hate  crime 
victims: professional perspectives’ (April 2016). 
29 A majority (64 %) of Black victims of racist violence, as well as (63 %) of victims of racist physical attacks 
by police  officers, did not report the most recent incident either because they  felt reporting  would not change 
anything (34 %) or because victims do not trust or are afraid of the police (28 %), see ‘Being Black in the EU’, 
Fundamental  Rights  Agency,  November  2018.  Almost  one  out  of  two  Muslim  respondents  to  the  2017  FRA 
MIDIS II Survey did not report the most recent incident of harassment motivated by hatred because they were 
convinced  that  no  response  would  have  been  taken.  A  similarly  low  level  of  reporting  emerges  amongst  the 
LGBTI+  community,  according  to  the  EU-LGBTI  II  Survey  -  A  long  way  to  go  for  LGBTI  equality  of  the 
Fundamental Rights Agency (14 May 2020). Four out of five Jewish Europeans (79%) who experienced anti-
Semitic  harassment  never  reported  the  most  serious  incident.  Almost  half  (43  %)  did  not  report  because  they 
considered  the  incident  not  serious  enough,  highlighting  the  normalisation  of  everyday  anti-Semitic  abuse 
against Jews (Fundamental Rights Agency survey discrimination and hate crime against Jews in the EU). 
30 See  for example, the Irish Victims’ Services Group, which includes representatives of the judiciary and the 
probation and prison service, lawyers, police and health-care institutions. 
31 Setting up of the so called “rainbow desks” at the local police stations in certain Member States, for instance 
in Belgium is a good example of a respectful approach towards the LGBTI+ community by police. 
32 For the purpose of this strategy, cybercrime or online crime is any type of a criminal offence that is committed 
online or with a use of computer or online tools.  
33  The  Commission  will  inter  alia  work  with  Member  States  to  ensure  that  the  relevant  provisions  of  the 
Directive on combating fraud and counterfeiting of non-cash means of payment will be fully implemented and 
will examine how to support further action against online fraud and identity theft, including support to victims. 
In respect to online child sexual abuse material, the Commission will continue to support the initiatives such as 
the  EU-funded  INHOPE  network  (see  https://www.inhope.org/EN)  that  allows  internet  users  to  anonymously 
report such content. 

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attention  will  be  paid  to  reaching  out  to  vulnerable  groups  and  marginalised  or  isolated 
communities34 who experience more barriers or have limited possibilities to access justice 
and  support.  Particular  attention  will  be  also  paid  to  appropriate  methods  of 
communication to ensure that campaign reaches child victims, elderly victims or victims 
with disability.  

The Commission will also focus on training activities that effectively reach actors who 
are in contact with victims, such as judicial authorities and other judicial staff in contact 
with victims such as lawyers, prosecutors, court staff, prison and probation staff. In this 
regard,  the  Commission  will  strengthen  its  cooperation  with  the  European  Judicial 
Training Network (EJTN)35. The Commission will also promote a better understanding of 
victims’  rights  and  improved  methods  of  communication  with  victims  among  law 
enforcement  authorities  with  the  assistance  of  the  European  Union  Agency  for  Law 
Enforcement  Training  (CEPOL)36.  To  respond  to  the  specific  needs  of  victims  of 
cybercrime,  the  Commission  will  also  continue  to  support  the  European  Cybercrime 
Training and Education Group (ECTEG)37. 

Restorative justice services provide victims with a safe environment to make their voice 
heard and support their healing process. The Victims’ Rights Directive requires that such 
services  have  as  a  primary  consideration  the  interests  and  needs  of  the  victim38. 
Safeguards must be in place to ensure that the victim is not further victimised during the 
process. In practice, there is a lack of knowledge about restorative justice services among 
professionals and victims39. It is therefore crucial that Member States ensure high quality 
standards in delivering restorative justice services and provide for training of restorative 
justice  practitioners.  The  potential  benefits  of  such  services  depend  on  the  availability, 
accessibility and quality of restorative justice services in the Member States. 

The Commission, together with Member States, will continue to improve the quality and 
reliability of information about victims’ rights on the e-Justice Portal40 and will promote 
it  to  a  broad  range  of  potential  end-users.  This  includes  victims,  victim  support 
organisations  and  national  authorities  (including  consular  authorities  and  police).  To 
spread  information  about  victims’  rights,  the  Commission  will  also  improve  access  to 
information  gathered under relevant  EU funded  projects41 and provide  a comprehensive 
database of such projects on the Europa website. 

34 For example, ethnic and religious minorities, persons with disabilities or elderly people. 
35 http://www.ejtn.eu/ 
36 https://www.cepol.europa.eu/ 
37 https://www.ecteg.eu/ 
38 See Article 12 and recital 46 of the Victims’ Rights Directive. 
39 VOCIARE report by Victim Support Europe. 
40 https://beta.e-justice.europa.eu/65/EN/victims_of_crime 
41 The  relevant projects funded under the Justice  programme 2014-2020, the Rights, Equality and Citizenship 
programme  2014-2020  and  their  successors  under  the  new  multiannual  financial  framework  for  2021-2027 
https://ec.europa.eu/justice/grants1/programmes-2014-2020/justice/index_en.htm.  

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Efficient  support  and  protection  of  victims  of  crime  cannot  be  achieved  without  the 
cooperation  of  national  authorities  and  victim  support  organisations.  In  this  regard,  the 
Commission  will  promote  mutual  training42  and  exchange  of  good  practices  among  the 
national  authorities  and  victim  support  organisations43.  For  the  new  multiannual 
financial  framework  for  2021-2027,  the  Commission  has  proposed  to  continue  with 
funding  possibilities  for  victim  support  organisations  so  they  can  contribute  to  correct 
implementation  of  the  EU  rules  on  victims’  rights44.  In  addition,  under  the  new 
multiannual  financial  framework,  the  Commission  will  promote  the  integration  of 
victims’ rights measures in EU funding programmes for policies such as security45, health 
and  education.  Such  an  approach  will  raise  awareness  about  victims’  rights  to  a  larger 
public and will increase funding possibilities for projects that take a holistic approach to 
victims’ rights.  

The Commission will continue to monitor the implementation of the relevant EU rules, 
including  the  provisions  of  the  Victims’  Rights  Directive  on  victims’  rights  to 
information,  including communication in  a simple and accessible language, support and 
protection in accordance with individual needs and the provision of training activities. As 
demonstrated  by  the  report  of  the  Commission  on  the  implementation  of  the  Victims’ 
Rights  Directive,  most  Member  States  still  have 
issues  with  complete/correct 
transposition and/or practical implementation of these key provisions of the Directive. 

Key actions for the European Commission: 

-  Launch an EU campaign to raise awareness about victims’ rights and to promote 

specialist support and protection for victims with specific needs; 

-  Promote training activities for judicial and law enforcement authorities;  
-  Provide  EU  funding  to  national  victim  support  organisations  and  relevant 
community-based  organisations to provide information, support and protection 
for victims, and to promote restorative justice services. 

Key actions for the Member States: 

-  Ensure  full  and  correct  implementation  of  the  Victims’  Rights  Directive  and 
other  EU  rules  on  victims  of  particular  crimes,  in  particular  in  relation  to 
provisions on victims’ access to information, to support and protection;  

-  Launch  national  awareness  campaigns  about  victims’  rights,  including  support 

for victims with specific needs; 

42  Mutual  training  activities  involve  participation  of  the  relevant  national  authorities  and  victim  support 
organisations. 
43 For example, exchange of good practices for supporting victims of gender-based violence will be organised 
through the EU Mutual Learning Programme in Gender Equality. 
44 https://ec.europa.eu/info/sites/info/files/about_the_european_commission/eu_budget/1_en_act_part1_v9.pdf 
45  An  example  of  such  already  ongoing  action  is  that  crime  reporting  online  will  be  covered  in  the  future 
cybercrime funding under the Annual Work Programme of the Internal Security Fund – Police for 2020. 

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-  Support civil society in strengthening victims’ rights, including with the help of 

available EU funding. 

Key actions for other stakeholders: 

Victim support organisations: 

-  Engage  with  national  authorities,  including  judicial  and  law  enforcement 

authorities, and participate in mutual training activities. 

2.  Improving support and protection of the most vulnerable victims 

All  victims  of  crime  are  vulnerable,  but  because  of  their  personal  characteristics,  the 
nature  of  the  crime  suffered  or  personal  circumstances  some  victims  are  even  more 
vulnerable than others. 

The  situation  of  vulnerability  of  some  victims  may  worsen  in  specific  circumstances. 
During  confinement measures related to  the COVID-19 pandemic,  victims of domestic 
violence46 are more exposed to violence (as they are confined under one roof with their 
offenders) and their access to support and protection is limited47. 

National support48 and protection measures need to be effective for all victims and at all 
times.  For  victims  of  domestic  violence,  it  means  that  shelters,  helplines  and 
psychological  aid  should be available also  during a crisis.  In order to  guarantee support 
and  protection  for  all  victims  during  the  crisis,  including  victims  of  domestic  violence, 
victim  support  measures  should  be  integrated  in  the  national  pandemic  emergency 
schemes. It can be achieved by for instance declaring victim support services as essential 
services49. 

Most Member States have taken special measures of support and protection for victims of 
crime during the COVID-19 pandemic and related lockdown measures. In particular, it is 
crucial  to  ensure  effective  access  to  on-  and  off-line  support  services,  including 
psychological  aid  and  other  social  services.  Victims  of  domestic  violence  in  particular 
should  have  access  to  shelters,  psychological  aid,  trauma  support  and  counselling. 

for 

the 

instance, 

46  Domestic  violence  is  a  violence  in  a  close  relationship  when  the  offender  shares  the  same  roof  with  the 
victim. Under the Victims’ Rights Directive, a violence in a close relation is committed by a person who is a 
current or former spouse or partner or other family member, whether or not the offender shares or has shared the 
same  household  with  the  victim  (see  recital  18  of  the  Victims’  Rights  Directive).  It  affects  more  women  and 
children.  
47 
for  Gender  Equality 
See, 
https://eige.europa.eu/news/coronavirus-puts-women-frontline  and  the  Coronavirus  pandemic  in  the  EU  - 
Fundamental  Rights 
Fundamental  Rights  Agency 
https://fra.europa.eu/en/publication/2020/covid19-rights-impact-april-1#TabPubOverview0. 
48  Information  about  the  closest  support  services  for  victims  of  domestic  violence  can  be  found  here: 
https://www.wave-network.org/find-help/.  
49 Declaration of a service as essential service guarantees its functioning during a crisis. Victim support services 
continued to function during the COVID-19 pandemic in most Member States that provided data on this subject 
to the Commission and the European Network on Victims’ Rights. Some Member States, including Spain and 
Portugal, declared their victim support services as essential services. See e-Justice Portal.  

the  European 

-  Bulletin 

Implications 

Institute 

opinion 

the 

of 

of 

1 

8 

 
 
 
                                                           
National enforcement authorities should also be particularly vigilant to the registered and 
new cases of domestic violence. It is also crucial to ensure physical protection of victims. 
The Commission has been promoting the exchange of good practices on optimal means to 
ensure  victims’  access  to  support  and  protection  during  the  COVID-19  pandemic  by 
engaging with the national authorities and civil society. 

The  Commission  will  draw  conclusions  from  the  consequences  of  the  COVID-19 
pandemic  for  victims  of  crime  in  order  to  build  better  resilience  of  victims’  support 
structures  within  our  societies.  In  particular,  the  Commission  will  draw  on  good 
practices on victims’ rights collected during the COVID-19 pandemic50, and will promote 
actions such as declaration of victims’ support services as essential services, development 
of  on-line  support  services,  and  inclusion  of  civil  society  in  victims’  support  and 
protection. 

EU rules on victims’ rights51 require Member States to ensure that victims have access to 
general and specialised support services that are confidential, free of charge and respond 
to  victims’  individual  needs.  Under  the  Victims’  Rights  Directive,  general  support 
services  should  provide  information,  advice,  emotional  and  psychological  support  and 
refer to medical  aid.  In addition such services should protect the privacy of victims and 
their families. All  victims with  specific needs should have access  to  specialised support 
services that are based on an integrated and targeted approach, which takes into account 
the specific needs of victims, the severity of the harm suffered, the relationship between 
the victim and the offender and the situation of victims in their wider social environment.  

The Victims’ Rights Directive also requires that all victims have access to protection in 
accordance  with  their  individual  needs.  Special  attention  must  be  paid  to  victims  with 
specific needs of protection from the risks of secondary, repeat victimisation, intimidation 
and retaliation.  

Victims  of  gender-based  violence52  are  often  heavily  impacted  because  of  the  nature, 
circumstances  and  consequences  of  different  forms  of  criminal  offences,  including 
domestic  violence,  sexual  violence,  and/or  trafficking  in  human  beings.  The  scale  of 
gender-based violence in the EU is alarming: one in three women (33 %) has experienced 
physical and/or sexual violence since she was 15 years old53. Under the Gender Equality 
Strategy 2020-202554, the Commission is working to end gender-based violence against 

50  See  selection  of  good  practices  on  victims’  rights  during  the  COVID-19  pandemic  published  by  the 
Commission on the e-Justice portal:  
https://e-justice.europa.eu/content_impact_of_the_covid19_virus_on_the_justice_field-37147-en.do 
51 See, in particular, Articles 8 and 9 of the  Victims’ Rights  Directive and the relevant provisions of sectorial 
legislation, such as Article 23 of the Counter-terrorism Directive. 
52  Under  the  Victims’  Rights  Directive  (recital  17),  gender-based  violence  is  referred  to  as  “violence  that  is 
directed against a person because of  that person's  gender,  gender identity or  gender expression or that affects 
persons of a particular gender disproportionately”.  
53 FRA (2014), Violence against women: an EU-wide survey. Main results, Luxembourg, Publications Office of 
the European Union. 
54 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social Committee and the Committee of Regions, A Union of Equality: Gender Equality Strategy 2020-2025, 

9 

 
 
                                                           
 
women  and  girls.  Actions  include  the  EU’s  accession  to  the  Istanbul  Convention  or 
alternative  legislative  measures  that  achieve  the  same  objective.  The  Commission  will 
also launch an EU network on the prevention of gender-based violence and domestic 
violence  and  will  take  actions  to  protect  the  safety  of  victims  of  gender-based 
cybercrime in particular by facilitating the development of a framework for cooperation 
between internet platforms and other stakeholders.  

The  Commission  will  focus  on  strengthening  victims’  physical  protection.  In 
particular,  the  Commission  will  continue  to  promote  the  use  of  European  protection 
orders for persons in need of protection who travel or move to another EU country. The 
number of European protection orders issued and executed in the European Union is very 
low55.  The  underlying  reasons  of  this  situation  include  a  lack  of  awareness  about  the 
availability, wide variety, complexity and inefficiency of protection measures available in 
the Member States.  

The  effectiveness  of  European  protection  orders  indeed  depends  on  the  underlying 
national  measures  on  victims’  physical  protection.  Currently,  national  measures  are 
insufficient  and  victims  are  still  not  safe  even  if  covered  by  protection  orders56.  In 
particular,  the  specific  needs  of  women  applying  for  national  or  European  protection 
orders  are  not  sufficiently  taken  into  account  and  reflected  in  national  measures  for 
physical  protection57.  EU  rules  do  not  harmonise  the  nature  of  national  protection 
measures  or  the  procedures  established  under  national  law  to  ensure  victims’  physical 
protection.  The  Victims’  Rights  Directive  (Article  18)  provides  for  measures  aimed  at 
victims’  emotional  or  psychological  support  and  protection,  but  procedures  for  the 
physical protection of victims and their family members from further violence are left to 
national  law.  That  is  why  the  Commission  will  consider  further  strengthening  victims’ 
protection  by  introducing  minimum  standards  on  victims’  physical  protection, 
including minimum conditions on issuing and modalities of protection measures (such as 
protection and barring orders)58.In addition, the Commission will continue promoting the 
effective  application  of  national  and  European  protection  orders  by  providing  funding 

see: 

https://eur-lex.europa.eu/legal-

COM(2020)152final, 
content/EN/TXT/?uri=COM%3A2020%3A152%3AFIN.  
55  The  Commission  implementation  report  on  the  Directive  on  European  protection  order,  referred  to  above, 
indicates  that  according  to  the  information  available  to  the  Commission,  only  37  European  protection  orders 
were issued and only 15 were executed in the period 2015-2018 (the dates for which Member States informed 
the Commission about their data).  
56  See  the  report  of  the  European  Parliament  on  implementation  of  the  Directive  on  the  European  protection 
order. 
57 See in particular a Specific Needs and Protection Orders report on protection orders and victims of domestic 
violence co-financed by the Daphne programme (2016); the report shows that specific needs of women applying 
for protection orders are often overlooked by the relevant national authorities. The same study points to serious 
inconsistencies in the decision-making by the national judiciaries when it comes to the modalities of application 
of protection orders.  http://snap-eu.org/report/International_Report.pdf. 
58  In  line  with  Directive  2011/99/EU,  national  law  governing  protection  measures  may  impose  on  persons 
causing danger to be subject to a prohibition from entering certain places, prohibition or regulation of contact or 
a prohibition or regulation on approaching the protected person closer than a prescribed distance.  

10 

 
 
                                                                                                                                                                                     
possibilities under the Justice programme and by raising awareness and stressing the need 
to train practitioners about the availability of the European protection order. 

The Commission will also encourage Member States to set up Family Houses providing 
targeted and integrated support for victims of gender-based violence59. The Commission 
will  promote  the  setting  up  of  such  Family  Houses  via  the  EU  campaign  on  victims’ 
rights, available EU funding, and contacts with the relevant stakeholders.  

When it comes to victims who require targeted and integrated support and protection, it is 
crucial  to  mention  child  victims.  The  Commission  will  continue  to  enforce  EU  rules 
under the Victims’ Rights Directive specifically aimed at children in line with the general 
principle  that  if  a  victim  is  a  child,  the  child’s  best  interests  shall  be  the  primary 
concern60. The Commission is also reinforcing monitoring of the national legal schemes 
in  relation  to  their  child-friendliness.  In  2021,  the  Commission  intends  to  adopt  a 
Comprehensive strategy on the rights of the child61 that will contain targeted actions 
on child victims of crime such as a continuous promotion of Child’s Houses62. 

When  it  comes  to  children  victims  of  sexual  abuse,  the  Commission  intends  to  adopt  a 
specific  strategy  for  a  more  effective  fight  against  child  sexual  abuse  in  2020.  This 
strategy  will  include  actions  aimed  at  supporting  and  protecting  child  victims  of  sexual 
abuse.  The  Commission  will  strengthen  cooperation  between  law  enforcement,  the 
INHOPE  network  of  hotlines  and  industry.  The  Commission  will  explore  the  latest 
technological  developments  for  swifter  detection  and  removal  of  online  child  sexual 
abuse material. 

Another  group  of  particularly  vulnerable  victims  who  require  specialist  and  integrated 
support  are  victims  of  terrorism.  Terrorist  attacks  are  directed  not  only  against 
individuals,  but  also  against  states  and  against  our  free  and  open  societies  without 
borders.  Member  States  must  live  up  to  their  responsibility  and  ensure  the  necessary 
support, protection and recognition of these victims. Terrorist attacks often target tourist 
destinations  or 
thus  particularly  affecting  cross-border  victims. 
Consequently, when pursuing their rights, victims of terrorism are particularly likely to be 
subjected to the challenges of cross-border situations. To promote integrated support for 
victims of terrorism in all EU Member States, in January 2020 the Commission launched 

travelling  hubs, 

59 Family House is a model of a safe place for victims of domestic violence, where under one roof victims can 
report a crime, receive psychological support and counselling.  
60 Such specific measures include information for children, child-friendly hearings, and specific protection for 
children. 
61  Mission  letter  of  Dubravka  Šuica,  Vice-President-designate  for  Democracy  and  Demography,  1  December 
2019, 
https://ec.europa.eu/commission/commissioners/sites/comm-
cwt2019/files/commissioner_mission_letters/mission-letter-dubravka-suica_en.pdf.  
62 Child’s House, such as the Scandinavian model of Barnahus that is currently spreading around all countries of 
the European Union and internationally, is a child-friendly, interdisciplinary and multi-agency centre for child 
victims  and  witnesses  where  children  can  be  interviewed  and  medically  examined  for  forensic  purposes, 
comprehensively assessed and receive all relevant therapeutic services from the appropriate professionals.  

available 

at: 

11 

 
 
                                                           
the EU Centre of expertise for victims of terrorism as a two-year pilot project63. The 
EU Centre will  inter alia  provide for  guidance and training  activities on  victims’ rights 
and victims’ needs that will be based on the best practices of affected Member States. The 
Commission will ensure the smooth running of this pilot project and assess the need for 
its continuation by the end of 202164. 

Despite  EU  Member  States  efforts,  hate  crime  in  the  EU  is  increasing65.  Concerns  are 
rising over civil  society  organisations,  activists and politicians becoming  targets  of hate 
crime.  Provision  of  support  to  its  victims  is  vital  to  enable  and  strengthen  democratic 
discourse.  Hate  crime  also  disproportionately  affects  certain  communities  such  as  Jews, 
Roma,  Muslims,  people  of  African  descent,  migrants  and  the  LGBTI+  community, 
notably those who are targeted on multiple grounds. 

In  relation  to  victims’  rights,  the  Commission’s  initiatives  against  racism  and 
xenophobia aim at fostering reporting of hate crime, improving accurate investigation of 
bias motivations and support to victims of racism and xenophobia. The Commission will 
continue  to  implement  the  recently  adopted  guiding  principles  on  ensuring  justice, 
protection and support for victims of hate crime and hate speech66. 

Moreover,  the  Commission  will  continue  to  support  Member  States  in  the  process  of 
developing national strategies on combating antisemitism to empower and protect victims 
of anti-Semitic hate crimes67.  In  addition, actions on victims’ rights  will be coordinated 
with  activities  under  the  upcoming  initiative  for  Roma  equality,  inclusion  and  the 
upcoming LGBTI+ Equality Strategy.  

The  Commission  will  also  promote  targeted  and  integrated  support  to  victims  of  hate 
crime  that  will  include  close  cooperation  with  the  relevant  communities.  In  this  regard, 
the Commission will continue to work with the two recently set up working groups68 at 

63https://ec.europa.eu/info/policies/justice-and-fundamental-rights/criminal-justice/eu-centre-expertise-victims-
terrorism_en  
64 On the basis of the Commission’s analysis and in the light of available funding, the Commission will decide 
on whether to continue the activities of the EU Centre beyond 2021.  
65 https://fra.europa.eu/sites/default/files/fra-factsheet_hatecrime_en_final_0.pdf 
66 In 2019, the High Level Group on combatting racism and xenophobia and other forms of intolerance agreed to 
create  three  working  groups  with  the  support  of  the  Organization  for  Security  and  Co-operation  in  Europe  - 
Office  for  Democratic  Institutions  and  Human  Rights,  the  European  Union  Agency  for  Law  Enforcement 
Training, Fundamental Rights Agency to assist national authorities in establishing effective and adequate hate 
crime  victims  support  services  as  well  as  targeted  training  strategy  for  law  enforcement  and  recording,  data 
collection  and  encouraging 
information,  see: 
http://ec.europa.eu/newsroom/just/document.cfm?doc_id=48874.   
67  See  the  Commission’s  new  working  group  on  combating  Antisemitism  aimed  to  implement  the  Council 
Declaration  on  the  fight  against  antisemitism  and  the  development  of  a  common  security  approach  to  better 
protect Jewish communities and institutions in Europe (6 December 2018). 
68 In 2019, the High Level Group on combatting racism and xenophobia and other forms of intolerance agreed to 
create two additional working groups to assist national authorities when it comes to training for law enforcement 
authorities  about  victims  of  hate  crime  -  led  by  the  European  Union  Agency  for  Law  Enforcement  Training 
(CEPOL) and hate crime victims’ support - led by the Organization for Security and Co-operation in Europe - 
Office for Democratic Institutions and Human Rights (ODIHR). 

reporting  by  victims  of  hate  crime.  For  more 

12 

 
 
 
                                                           
improving support for victims and at providing training for police. The Commission will 
also  pay  particular  attention  to  support  and  protection  of  victims  belonging  to  ethnic 
groups and minorities that are particularly exposed to crime and/or are in need of special 
support and protection.  

Persons  with  disabilities  are  often  victims  of  hate  crime  and  of  different  forms  of 
abuse69. In addition, their access to justice may be more difficult if they are deprived of 
their  legal  capacity.  The  United  Nations  Convention  on  the  Rights  of  Persons  with 
Disabilities70  requires  States  Parties  to  take  all  appropriate  measures  to  promote  the 
physical, cognitive and psychological recovery, rehabilitation and social reintegration of 
persons  with  disabilities,  who  become  victims  of  any  form  of  exploitation,  violence  or 
abuse. In this regard, actions under this strategy will be in line with the provisions of the 
United Nations Convention on the Rights of Persons with Disabilities71. 

Elderly  persons,  because  of  their  limited  mobility,  general  state  of  health72  or 
dependencies  from  others  (including  family  members  or  staff  at  the  residential  care 
centres) can be also more vulnerable to become victims of different forms of crime. It is 
therefore  crucial  to  ensure  that  specialist  support  and  protection  that  responds  to  the 
elderly persons’ individual needs are in place. 

Particular  attention  should  be  also  paid  to  victims  of  organised  crime.  Trafficking  in 
human  beings  is  a  particular  form  of  organised  crime.  It  has  devastating  effects  on  the 
victims  due  to  the  nature,  circumstances,  duration  and  consequences  of  the  crime. 
Victims of trafficking in human beings need special assistance, support and protection. 
In  the  EU,  almost  half  of  the  victims  of  trafficking  in  human  beings  registered  are  EU 
citizens,  the  majority  of  all  victims  are  women  and  girls,  who  are  trafficked  mainly  for 
sexual  exploitation.  The  EU  addresses  trafficking  in  human  beings  comprehensively 
through  coordination  in  all  relevant  areas  and  as  a  joint  effort  with  stakeholders73.  In 
particular,  the  Commission  is  working  on  a  new  strategic  approach  towards  the 
eradication  of  trafficking  in  human  beings  as  part  of  the  Security  Union.  The  actions 
towards the eradication of trafficking in human beings will be also further developed in 
the context of the upcoming initiatives to tackle organised crime.  

69 For example, the European Parliament stressed that women with disabilities are two to five times more likely 
to face violence than other women, and 34 % of women with a health problem or a disability have experienced 
physical or sexual violence by a partner in their lifetime, see: European Parliament resolution on the situation of 
women with disabilities (2018/2685(RSP)). 
70https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-
disabilities.html#Fulltext  
71 In particular, Article 6 on Women with disabilities, Article 9 on Accessibility, Article 12 on Equal recognition 
before the law and Article 13 on Access to justice. 
72 49% of persons 65 years or older perceived having a disability or a long standing activities limitation; 
Eurostat statistics on self-perceived longstanding limitations in usual activities due to health problems by sex, 
age and income.  
73  With  regard  to  the  comprehensive  EU  legal  and  policy  framework  addressing  trafficking  in  human  beings, 
which  is  victims  centred,  gender  specific  and  child  sensitive,  please  refer  to  https://ec.europa.eu/anti-
trafficking/node/4598_en.  

13 

 
 
                                                           
Environmental crime affects all of society, it may have particularly detrimental effect on 
individuals. It may impact personal health, livelihoods and lower property values. Victims 
of  environmental  crime  may  be  particularly  susceptible  to  secondary  victimisation, 
intimidation and retaliation. Notably if environmental crime is a form of organised crime. 
Such victims should have access to specialist support and protection.  

Irregular  migrants  who  become  victims  of  crime  are  also  often  in  a  situation  of 
vulnerability  and  may  have  difficulty  to  access  justice74.  If  they  report  a  crime  to  the 
police, they may be ordered to return to their home country75. Under the Victims’ Rights 
Directive,  victims’  rights  shall  apply  to  victims  in  a  non-discriminatory  manner, 
independently of their residence status76. This shall also apply to unaccompanied minors. 
Under this strategy, the  Commission  will assess legal  and practical  tools at  EU level  to 
improve  reporting  of  crime  and  access  to  support  services  for  migrant  victims, 
independently  of  their  residence  status.  In  particular,  the  Commission  will  promote 
exchange of good practices among the Member States aimed at disconnecting reporting of 
crime  from  the  return  procedure  without  jeopardising  the  effectiveness  of  such 
procedures. 

Another  group  of  victims  in  a  situation  of  particular  vulnerability  are  victims  of  crime 
committed in detention. According to the World Health Organization, 25% of prisoners 
suffer  from  violence  each  year77.  Their  access  to  justice  is  often  limited.  They  are 
isolated,  stigmatised  and  have  limited  access  to  information78.  Under  this  strategy,  the 
Commission will explore means to provide for effective support and protection of victims 
in detention such as protocols for the protection of victims in detention and independent 
detention  bodies  to  investigate  crime  in  detention.  The  Commission  will  also  promote 
training for detention staff under the upcoming strategy on European Judicial Training. 

A  targeted  and  integrated  support  to  the  most  vulnerable  victims  that  takes  a  holistic, 
multi-agency  approach  requires  close  cooperation  of  authorities  with  the  relevant 

74 See for instance Oxford University COMPAS (the Centre on Migration, Policy, and Society) project on ‘Safe 
reporting of crime for victims and witnesses with irregular status in the US and Europe’, published in 2019 or 
the  results  of  the  project  by  Platform  for  International  Cooperation  on  Undocumented  Migrants  on  ‘Insecure 
justice? – residence permits for victims of crime in Europe’. 
75  Under  Directive  2008/115/EC  of  the  European  Parliament  and  of  the  Council  of  16  December  2008  on 
common  standards  and  procedures  in  Member  States  for  returning  illegally  staying  third-country  nationals, 
Member  States  shall,  as  a  matter  of  principle  issue  a  return  decision  to  any  third  country  national  staying 
illegally on their territory.  Victims of certain categories of crime like serious labour exploitation may be granted 
on  a  case-by-case  basis,  permits  of  limited  duration  -  see  Directive  2009/52/EC  (the  ‘Employers  Sanctions 
Directive’). 
76 The Fundamental Rights Agency (2019) report on Migration: Key fundamental rights concerns shows a large 
scale of underreporting of crime among migrant victims. As evidenced by research carried out by the European 
Network  against  Racism,  migrants  interviewed  in  24  countries  expressed  fear  that  reporting  crime  would 
negatively affect the outcome of their immigration case. 
77 World Health Organization, Prison and Health (2014), pp. 19-21 for definitions of violence in prison. Report 
available at: http://www.euro.who.int/__data/assets/pdf_file/0005/249188/Prisons-and-Health.pdf.  
78 For more detailed analysis see: ‘Rights behind bars – Access to justice for victims of violent crime suffered in 
pre-trial 
2019, 
by 
https://www.fairtrials.org/publication/rights-behind-bars.   

immigration 

detention’ 

published 

Trials, 

Fair 

or 

in 

14 

 
 
 
                                                           
organisations and ethnic, religious and other minority communities. Under this strategy, 
the  Commission  will  pay  great  attention  to  the  promotion  of  such  synergies.  The  main 
responsibility  lies  however  with  the  Member  States,  who  should  set  up  the  relevant 
structures  and  facilitate  the  necessary  synergies  between  the  authorities  and  the  civil 
society. Other actors are also invited to strengthen their activities to support and protect 
the most vulnerable victims. 

Key actions for the European Commission: 

-  Promote actions that draw lessons from the COVID-19 pandemic, such as on-line 
support  services  and  declaration  of    victims’  support  services  as  essential 
services; 

-  Promote  integrated  and  targeted  support  to  victims  with  special  needs,  such  as 
child victims, victims of gender-based or domestic violence, victims of racist and 
xenophobic  hate  crime,  LGBTI+  victims  of  hate  crime,  elderly  victims  and 
victims with disabilities, through EU funding possibilities and the EU awareness 
campaign on victims’ rights; 

-  EU accession to the Istanbul Convention or alternative measures that achieve the 

same objective; 

-  Assess  introduction  of  minimum  standards  on  victims’  physical  protection, 
including minimum conditions on issuing and modalities of protection measures, 
and where necessary present legislative proposals by 2022;  
Implement the guiding principles on ensuring protection and support for victims 
of hate crime and hate speech; 

- 

-  Facilitate cooperation between Member States to improve support for victims of 
terrorism,  particularly  in  cross-border  cases,  through  the  pilot  EU  Centre  of 
Expertise for Victims of Terrorism; 

-  Assess  tools  at  EU  level  to  allow  for  reporting  of  crime  for  migrant  victims, 
independently of their residence status, and for victims in detention, and where 
necessary present legislative proposals by 2022. 

Key actions for the Member States: 

-  Drawing  lessons  from  the  COVID-19  pandemic,  take  action  to  ensure  that 
victims  of  gender-based  and  domestic  violence  have  access  to  support  and 
protection  that  is  integrated  into  the  national  pandemic  emergency  measures, 
including  continuous  access  to  shelters  and  helplines,  and  by  strengthening  the 
inclusion of civil society in victims’ support and protection; 

-  Set up integrated and targeted specialist support services for the most vulnerable 
victims, including Child Houses, Family Houses, LGBTI+ safe houses, disability 
inclusive and accessible services and venues and independent detention bodies to 
investigate crime in detention; 

-  Take actions to ensure that all victims, including migrant victims have access to 

justice independently of their residence status; 

-  Take actions to ensure that child victims have access to child-friendly justice; 

15 

 
 
-  Exchange best practices among EU Member States on support and protection to 

the most vulnerable victims, including victims of terrorism; 

-  Take  actions  to  ensure  that  victims  of  terrorism  are  recognised,  e.g.  consider 

setting up memorials, museums and medals; 

-  Facilitate  cooperation  and  ensure  a  coordinated  approach  to  victims’  rights 
between  judicial  and  law  enforcement  authorities,  health  care  and  social 
workers,  other  relevant  practitioners  and  civil  society  organisations  to  provide 
for targeted and integrated support for the most vulnerable victims; 

-  Facilitate cooperation between Member States’ competent authorities or entities 
providing specialist support to ensure the effective access of victims of terrorism 
to relevant information in cross-border cases79. 

Key actions for other stakeholders: 

-  Civil  society  organisations  -  to  be  involved  in  providing  support  to  victims  in 

cooperation with the relevant national authorities.  

3. Facilitating victims’ access to compensation  

In many Member States, victims’ access to compensation is difficult. Victims can claim 
state  compensation  only  at  the  end  of  a  long,  often  expensive  and  time-consuming 
process,  which  starts  with  criminal  proceedings  and  is  followed  by  attempts  to  receive 
compensation from the offender. As illustrated by the report on victims’ compensation80, 
the  underlying  reasons  include  lack  of  sufficient  information  about  victims’  rights  to 
compensation, numerous procedural hurdles including restrictive time limits, insufficient 
allocations 
rules  governing  offender 
compensation  and  state  compensation.  For  victims  in  cross-border  situations  it  is  even 
more  difficult  to  receive  compensation  from  the  State  in  which  they  were  victimised  in 
spite of the existence of the EU rules in this area81.  

from  national  budgets  and  complicated 

All  relevant  actors  should  take  steps,  within  their  respective  competences,  to  improve 
victims’ access to compensation.  

Under the Compensation Directive82, Member States shall ensure that their national rules 
provide for the existence of a scheme on compensation to  victims of violent  intentional 
crimes  committed  on  their  territories,  which  guarantees  fair  and  appropriate 
compensation to victims83. The Commission recommends that Member States make their 

79 As provided for in Article 26 of the Counter-terrorism Directive. 
80 Report of the Special Adviser, J. Milquet, to the President of the European Commission, Jean-Claude Juncker: 
Strengthening victims’ rights: from compensation to reparation  – For a new EU victims’ rights strategy 2020-
2025, March 2019.  
81 The Compensation Directive. 
82 See Article 12(2) of the Compensation Directive. 
83  See  Opinion  of  Advocate  General  Bobek 
http://curia.europa.eu/juris/document/document.jsf;jsessionid=839BD6797AC265879227F4CB8EFBE070?text
=&docid=226497&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=1859548  

in  case  C-129/19  delivered  on  14  May  2020 

16 

 
 
                                                           
national  schemes of compensation more victims-friendly by  simplifying rules on access 
to  compensation  and  by  increasing  available  amounts  of  compensation  by  adapting 
national  budgets.  Under  the Victims’ Rights  Directive, Member States shall also  ensure 
that victims  are informed from  the first contact  with  the competent  authorities how and 
under  what  circumstances  they  can  access  compensation.  The  Commission  will 
encourage Member States to go beyond these minimum standards and ensure that victims 
are better informed about national schemes of compensation also by other means – such 
as general informative campaigns about victims’ rights and inter-active websites.  

The overall objective of compensation is to recognise victims of violent intentional crime 
and to add to the healing process84. Under no circumstances, victims should be exposed to 
the risks of secondary victimisation during the compensation procedure.  Member States 
should  ensure  that  victims  are  protected  from  risks  of  secondary  victimisation  not  only 
during  criminal  proceedings,  but  also  when  claiming  compensation.  In  this  context, 
consideration  should  also  be  given  to  victims  of  terrorism,  creating  a  particular 
responsibility of each Member State to assure fair and appropriate compensation85. 

When  it  comes  to  facilitating  victims’  access  to  compensation,  the  Commission  will 
monitor  the  implementation  of  existing  EU  legislation,  notably  the  Compensation 
Directive  and  the  Framework  Decision  on  mutual  recognition  of  financial  penalties86 to 
see  how  and  to  what  extent  it  could  be  improved  to  facilitate  victims’  access  to 
compensation.  The  Regulation87  on  the  mutual  recognition  of  freezing  orders  and 
confiscation  orders  will  also  contribute  to  facilitate  victims’  access  to  restitution  of 
property  and  victims’  compensation  in  cross-border  cases,  once  applicable88.  The  2014 
Directive  on  freezing  and  confiscation  of  the  proceeds  of  crime89  which  harmonises 
freezing and confiscation regimes across the EU requires Member States to ensure that a 
confiscation  order  does  not  prevent  victims  of  a  criminal  offence  from  seeking 
compensation for their claims. The Commission will analyse the possibilities to improve 
victims’ access to compensation under this Directive.  

The Commission and Member States should also examine how to improve coordination 
and cooperation among the Member States to facilitate victims’ access to compensation in 
cross-border cases. In particular, Member States should improve their cooperation within 
the  European  network  on  national  contact  points  for  compensation90.  The  European 

84 See in particular, Report of the Special Adviser, J. Milquet. 
85 Pursuant to Article 24 of the Counter-terrorism Directive, Member States shall provide assistance with claims 
regarding  compensation  for  victims  of  terrorism  available  under  the  national  law  of  the  Member  State 
concerned. 
86  Council  Framework  Decision  2005/214/JHA  on  the  application  of  the  principle  of  mutual  recognition  to 
financial penalties. 
87  Regulation  (EU)  2018/1805  of  the  European  Parliament  and  of  the  Council  of  14  November  2018  on  the 
mutual recognition of freezing orders and confiscation orders. 
88 As of 19 December 2020. 
89  Directive  2014/42/EU  of  the  European  Parliament  and  of  the  Council  of  3  April  2014  on  the  freezing  and 
confiscation of instrumentalities and proceeds of crime in the European Union. 
90 As established under Article 16 of the Compensation Directive. 

17 

 
 
                                                           
Network  on  Victims’  Rights91  (ENVR)  and  the  European  network  of  national  contact 
points for compensation should explore how to improve their cooperation and make the 
network more efficient.  

Key actions for the European Commission: 

-  Monitor  and  assess  EU 

(including  state 
compensation and offenders’ compensation), including the Framework Decision 
on mutual recognition of financial penalties, and if necessary propose measures 
to complement this framework by 2022. 

legislation  on  compensation, 

Key actions for the Member States: 

-  Evaluate national compensation schemes and, if necessary, eliminate the existing 

procedural hurdles; 

-  Ensure  that  fair  and  appropriate  state  compensation  for  violent,  intentional 

crimes, including victims of terrorism is reflected in the national budgets; 

-  Ensure  full  application  of  the  Regulation  on  the  mutual  recognition  of  freezing 
orders  and  confiscation  orders,  in  particular  its  provisions  on  restitution  of 
property to the victim and victims’ compensation; 

-  Take  actions  to  ensure  that  victims  are  not  exposed  to  secondary  victimisation 

during the compensation procedure; 

-  Facilitate  homogeneous  access  to  information  about  national  compensation 

schemes (set up interactive, accessible and user-friendly websites);  

-  Ensure that the staff of national compensation authorities are aware of victims’ 

rights and needs to avoid risks of secondary victimisation; 

-  Cooperate  with  other  Member  States  in  cross-border  cases  within  the  relevant 

EU structures. 

Key actions for other stakeholders: 

-  The European Network on Victims’ Rights and the European network of contact 
points  for  compensation  –  to  explore  how  to  improve  their  cooperation  and 
increase the efficiency of the latter; 

-  Victim  support  organisations  –  to  engage  with  the  national  compensation 
authorities to offer their support, exchange of best practices and mutual training 
activities. 

91 The European Network on Victims’ Rights (ENVR) provides a forum of national experts created under an EU 
grant who exchange best practices and discuss victims’ rights. For more information, see: https://envr.eu/.  

18 

 
 
 
 
                                                           
WORKING TOGETHER FOR VICTIMS’ RIGHTS 

4. Strengthening cooperation and coordination among all relevant actors 

The  main  objective  of  strengthening  cooperation  and  coordination  at  EU  and  national 
level is to ensure that all relevant actors work together to ensure victims’ access to justice. 
Under EU rules on victims’ rights, all victims of crime should be recognised and treated 
in  a  respectful,  professional,  tailored  and  non-discriminatory  manner.  This  requires  the 
involvement of all relevant actors.  

At  the  national  level,  it  is  crucial  to  bring  together  all  persons  who  are  coming  into 
contact with victims. They include police, judicial authorities, court staff, victim support 
services, practitioners and compensation authorities. For some victims, it is also crucial to 
involve  medical  staff,  education  staff,  social  services  staff,  or  detention  staff.  In  fact, 
entire societies should be involved in ensuring that all victims are recognised, respected 
and able to fully rely on their rights. 

The  Commission  will  promote  coordination  and  cooperation  at  national  level.  Member 
States  should  set  up  national  victims’  rights  strategies  that  ensure  coordinated  and 
horizontal approach to victims’ rights. Such policies can include appointment of national 
victims’ rights coordinators or ombudspersons responsible for victims’ rights, launching 
national  victims’  rights  awareness  campaigns  and  mainstreaming  victims’  rights  into 
other policies such as health and education. 

Stronger  cooperation  between  all  actors  on  victims’  rights  will  also  result  in  creating 
societies that are more resilient. In such societies, thanks to strong societal bonds, it is 
easier  to  prevent  crime  and  to  address  its  consequences  for  particular  victims.  Strong 
cooperation  and  alliances  between  national  authorities  and  civil  society,  including  non-
governmental victim support organisations is crucial in this regard. The strategy will thus 
promote actions aimed at tapping on the potential of such synergies. 

At the EU level, the Commission will set up  the Victims’ Rights Platform to ensure a 
more horizontal approach to victims’ rights. The Platform will bring together for the first 
time all EU level actors relevant for victims’ rights. It will include the Commission and 
key actors such as the European Network on Victims’ Rights (ENVR), the EU Network 
of  national  contact  points  for  compensation,  the  European  Network  of  Equality  Bodies 
(EQUINET),  the  EU  Counter–Terrorism  Coordinator  and  relevant  agencies  such  as 
Eurojust, the Fundamental  Rights  Agency  (FRA), the European  Union Agency for  Law 
Enforcement Training (CEPOL), the European Institute for Gender Equality (EIGE) and 
civil society.  

19 

 
 
 
The  Victims’  Rights  Platform  will  facilitate  continuous  dialogue,  exchange  of  best 
practices and cross-fertilisation between this strategy, the Gender Equality Strategy 2020-
2025 and several upcoming strategies92.  

A  Commission’s  Victims’  Rights’  Coordinator  will  ensure  consistency  and 
effectiveness of different actions in relation to the victims’ rights policy. In particular, the 
Commission  Coordinator  will  be  responsible  for  ensuring  a  smooth  functioning  of  the 
Victims’  Rights  Platform.  The  Coordinator  will  also  synchronize  the  victims’  rights 
related actions of other EU level stakeholders, notably if relevant to the application of the 
Victims’ Rights Directive.  

Key actions for the European Commission: 

-  Set up the Victims’ Rights Platform  – gathering EU level actors relevant in the 
area  of  victims’  rights  and  ensuring  synergy  with  other  relevant  policy 
strategies93. 

Key actions for the Member States: 

-  Set up national victims’ rights strategies that take a comprehensive and holistic 
approach to victims’ rights and involve all actors likely to come into contact with 
victims; 

-  Promote victims’ rights among all actors likely to come into contact with victims, 

including police, support services and health-care staff; 

-  Facilitate  operation  of  the  relevant  EU  level  networks  regrouping  national 
experts  on  victims’  rights,  such  as  the  European  Network  on  Victims’  Rights 
(ENVR); 

-  Take  actions  aimed  at  building  societies  that  are  more  resilient  by  promoting 

higher involvement of the civil society into national actions. 

Key actions for other EU bodies and stakeholders: 

-  Eurojust,  the  Fundamental  Rights  Agency,  the  European  Institute  for  Gender 
Equality and the European Network on Victims’ Rights should report on how to 
improve  the  cooperation  and  exchange  of  information  and  good  practices 
between the competent authorities in cross-border cases. 

92  Other  relevant  Strategies  in  the  area  include  the  strategy  on  the  rights  of  the  child,  strategy  on  European 
judicial  training,  LGBTI+  Equality  Strategy,  EU  updated  framework  for  Roma  equality,  inclusion  and 
participation and the Security Union Strategy, strategic approach towards the eradication of trafficking in human 
beings and Strategy for a more effective fight against child sexual abuse. 
93 https://ec.europa.eu/info/publications/2020-commission-work-programme-key-documents_en  

20 

 
 
 
  
 
 
 
                                                           
5. Strengthening the international dimension of victims’ rights 

The  recently  adopted  Action  Plan  on  human  rights  and  democracy  (2020-2024)94 
reaffirms  the  EU’s  commitment  to  promoting,  protecting  and  fulfilling  human  rights 
worldwide. The European Union aims at  ensuring that high standards of  victims’ rights 
are met in all contexts, including in international instances. The Action Plan also covers 
actions related to the UN Guiding Principles on Business and Human Rights, and thereby 
enables attention to victims of crimes and abuses committed in the context of the private 
sector, including victims of environmental crimes. 

The  EU  global  response  to  the  COVID-19  pandemic  has  included  responses  to  human 
rights threats and to a rise in domestic violence. As part of the Team Europe support to 
partner countries to face the pandemic, the EU has continued to monitor human rights and 
democracy  and  has  redirected  programmes  to  ensure  that  victims  in  partner  countries 
receive the necessary support and protection.  

The  EU  and  its  Member  States  will  continue  to  engage  with  and  within  the  United 
Nations and the Council of Europe to promote EU victims’ rights in partner countries and 
to exchange best practices95. In particular, the EU will continue to promote high standards 
on victims’ rights of EU’s geographic and thematic programmes on access to justice that 
are  already  in  the  implementation  phase  in  partner  countries.  In  particular,  the  EU 
continues to support the EU-UN Spotlight Initiative96 to prevent and eliminate all forms 
of violence against women and  girls  across five  regions  around the  globe. The EU also 
cooperates  with  FIFA  and  WHO  in  campaigns  against  domestic  violence.  The  EU  will 
support  the  International  Fund  for  Survivors  of  Conflict-Related  Sexual  Violence97  and 
the WeProtect Global Alliance to End Child Sexual Exploitation Online98.  

The  EU  will  also  continue  to  support  capacity  building  actions  for  priority  partner 
countries in relation to support for victims of terrorism. In particular, the EU will continue 
to  support  the  UN-led  initiatives  and  projects  aimed  at  enhancing  UN  Member  States’ 
capacities  to  assist  victims  of  terrorism,  such  as  ‘Group  of  Friends  of  Victims  of 

94  Joint  Communication  of  the  European  Parliament  and  the  Council  EU  Action  Plan  on  Human  Rights  and 
Democracy 2020-2024, JOIN/2020/5 final. 
95 The emerging UN agenda on Business and Human Rights, including on the access to remedy (both legal and 
non- legal) for victims of human rights abuses by businesses/private sector actors, could also be considered. 
96 https://spotlightinitiative.org/  
97  A  new  fund  for  the  reparation  for  victims  of  conflict  related  sexual  violence.  The  Fund  is  built  upon  the 
commitment  of  the  Office  of  the  United  Nations  Special  Representative  of  the  Secretary-General  on  Sexual 
Violence  in  Conflict,  the  work  of  the  Dr  Denis  Mukwege  Foundation,  Nadia’s  Initiative  and  the  voices  of 
survivors of conflict related sexual violence worldwide. https://news.un.org/en/story/2019/10/1050271.  
98 https://www.weprotect.org/  

21 

 
 
 
                                                           
Terrorism’ led by Afghanistan and Spain99 or the organisation of the global Congress of 
Victims of Terrorism by the UN Office of Counter-Terrorism and by Spain100.  

In addition,  the EU will promote further the EU standards on victims’ rights  (including 
EU rights for victims of terrorism, victims of organised crime, victims of environmental 
crimes and EU victims’ rights in general) within new programmes that will be developed 
under the new multiannual financial framework (2021-2027). In the context of accession 
negotiations and the Stabilisation and Association Process, the EU will continue to work 
closely with the candidate and potential candidate countries to strengthen victims’ rights.  

The EU will also focus on ensuring optimal access to justice for EU citizens victimised in 
third countries. It requires closer contact and cooperation between authorities and support 
organisations of third countries and consular authorities and support organisations of EU 
Member States. The European Union, through its High Representative for Foreign Policy 
and  Security  will  encourage  and  facilitate  such  cooperation  to  improve  support  and 
protection for EU citizens victimised in third countries. 

Key actions for the European Union: 

-  Strengthen  cooperation  with  international  and  regional  partners,  such  as  the 
United  Nations  and  the  Council  of  Europe  to  promote  high  international 
standards for victims’ rights, including the rights of victims of hate crime, child 
victims,  victims  of  terrorism,  migrant  victims,  victims  of  sexual  and  gender-
based  violence,  LGBTI+  victims  of  hate  crime,  victims  of  organised  crime, 
victims of environmental crime and victims with disabilities;  

-  Use EU funding and political dialogue to promote, advocate and protect victims’ 

rights and to ensure access to justice for victims in partner countries; 

-  Promote  cooperation  to  improve  support  and  protection  for  EU  citizens 

victimised in third countries; 

-  Strengthen  cooperation  between  national  authorities  and  support  organisations 
of  third  countries  and  consular  authorities  and  support  organisations  of  EU 
Member  States  to  facilitate  access  to  justice  for  EU  citizens  victimised  in  third 
countries. 

CONCLUSION 

The  EU  must  do  more  to  protect  victims  of  crime.  The  first  EU  Strategy  on  victims’ 
rights provides for a comprehensive set of actions for the next five years. These actions 
are expected to improve the protection of victims’ rights, including taking due account of 
victims  with  specific  needs,  and  by  doing  so  increase  the  security  of  all  citizens  in  the 
Union. 

99 A “Group of Friends of Victims of Terrorism” led by Afghanistan and Spain has been launched in June 2019 
with the aim of bringing additional focus and activity at the United Nations to this topic. 
100 https://www.un.org/counterterrorism/2020-counter-terrorism-week   

22 

 
 
 
                                                           
The Commission will focus on the full implementation and enforcement of existing EU 
rules  on  victims’  rights.  It  will  promote  awareness  of  victims’  rights  and  work  with 
Member  States  to  strengthen  the  resilience  of  victim  support  structures,  including  by 
drawing  lessons  from  the  COVID-19  pandemic.  In  addition,  the  Commission  will 
continue to assess EU instruments and their possible shortcomings and, where necessary 
come forward with legislative proposals by 2022 to further strengthen victims’ rights.  

The  implementation  of  this  strategy  will  be  regularly  monitored,  including  through 
regular  meetings  of  the  Victims’  Rights  Platform  to  update  on  actions  under  the 
responsibility  of  different  actors.  In  addition,  the  Commission  will  take  stock  of  the 
strategy’s actions at the mid-term of this strategy and update it where necessary. 

Giving  full  effect  to  all  victims’  rights  everywhere  in  the  EU  and  in  all  circumstances 
requires all relevant  actors to be involved, at EU, national and local level. This strategy 
requires  joint  efforts  from  the  European  Commission,  other  institutions  and  bodies, 
Member States and civil society. To succeed, we must all work together. 

23