Legislative initiative on preventing and combatting gender-based violence and domestic violence
Date: 2021-12-20
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: gender equality



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EUROPEAN COMMISSION


DIRECTORATE-GENERAL JUSTICE AND CONSUMERS



Directorate D: Equality and Union citizenship


Unit D2: Gender Equality





Combating gender-based violence against women and domestic violence – protecting victims and punishing offenders


Summary report – public consultation








Disclaimer


This document should be regarded solely as a summary of the contributions made by stakeholders to the open public consultation on the legislative initiative on preventing and combating gender-based violence against women and domestic violence. It cannot in any circumstances be regarded as the official position of the Commission or its services.








Objectives of the public consultation


The European Commission conducted an open public consultation to gather the views of the public on measures to address gender-based violence against women and domestic violence. The purpose of the consultation was to assess the existing legal framework at EU level insofar as relevant for matters of gender-based violence and domestic violence as well as to inform the Commission’s work on further measures for improved, coordinated prevention of and protection against this kind of violence. This public consultation forms part of the evidence gathering carried out in support of both the backward-looking “Fitness check of the EU legislation on preventing and combatting violence against women and domestic violence”, and the impact assessment conducted in preparation for a legislative initiative to prevent and combat gender-based violence against women and domestic violence. 


Approach to the public consultation


Open public consultations are not, by nature, statistically representative of the population (unlike, for example, public opinion polls). Therefore, their purpose is not to find answers that could be generalised, but rather to gain in-depth insights that can shed new light on a range of issues.


The public consultation was open from 8 February 2021 to 10 May 2021. It included 66 questions across five sections. Two of the questions were exclusively open-ended and 11 were multiple choice, which permitted the selection of multiple response options. 47 of the closed-ended questions also provided the opportunity to include an open text response. The consultation gathered input from a range of stakeholders, including individual citizens, civil society organisations, social partners, equality bodies, Member States and national authorities. The questionnaire was uploaded on the Have Your Say portal of the European Commission. 


Overview of the respondents





There were 767 respondents to the open public consultation from across the Member States, Hungary was the most represented with 371 respondents (48%), followed by Italy with 126 (16%) and Germany with 87 (11%) (see Figure 1). The replies showed no organised campaign or similar attempt to influence outcomes. The high number of responses in Hungary resulted from publicity of the consultation in national media. There were much fewer responses from other EU countries, varying between 37 (Spain, Belgium) and one (Luxembourg); only Latvia had none. There were four responses from non-EU citizens, one from Albania and three from citizens who nevertheless indicated residence in EU Member States.






































Overview of responses


The questionnaire allowed respondents to reply to one, several, or all of the sections. Whilst the total number of respondents was 767, this was not the total response rate for each question. As can be seen in Figure 2, which shows the number of responses received for each question, Question 1 received the highest number of responses (758), and Question 19 received the fewest (287). Of the five sections, Section I received the highest average number of responses (751), followed by Section III (711). Section IV received the fewest (664) (see Figure 3).







Section I: How to effectively prevent gender-based violence and domestic violence





In response to the first, and most responded to, question, the overwhelming majority (725 respondents, 96%) believe it is ‘Very important’ that their Member State takes measures to prevent violence against women (VAW/DV) (Figure 4). 




The measures considered as the most frequently taken to prevent VAW/DV in Member States are awareness raising among the general public (435 respondents, 59%) and training of relevant professionals (274 respondents, 37%). No knowledge of measures taken is the third most selected option (233 respondents, 32%) and is chosen almost exclusively by respondents from Hungary. The predominant reasons given for measures being ineffective are that the public is not sufficiently aware of this kind of violence or see it as a private matter (579 respondents, 79%) and that there are not enough services and activities offered to empower survivors and encourage them to break the silence (538 respondents, 73%). 


37% (272) of respondents are aware of prevention programmes at national or local levels for perpetrators of VAW/DV. Among respondents from Hungary, however, this is substantially lower (55 respondents, 15%) and among respondents from Italy and Germany it is higher (58% (73) and 73% (55) respectively).  Respondents recognize that the media (336 respondents, 46%) and the cultural and creative (270 respondents, 37%) sectors have in particular made efforts to support prevention of VAW/DV in their Member States. 


Concerning possible further measures, most respondents (672 respondents, 90%) deem very important that harmful gender stereotypes be challenged to prevent VAW/DV. Measures that teach non-discrimination, gender equality and non-violent communication topics in schools are viewed as most needed to better prevent VAW/DV (687 respondents, 94%), followed by further measures to raise awareness about VAW/DV among the general public (605 respondents, 82%). Furthermore, 82% (614) of respondents believe that additional measures are necessary to ensure coordination among prevention services.


Section II: Access to justice, protection from further violence and compensation 






The question in this section with the highest response rate (734) was whether victims of VAW/DV are provided with information on their rights, the services they can turn to and the follow up given to their complaints, to which 60% (439) of respondents selected ‘Partially’ (see Figure 5). Moreover, in terms of the timeliness of this information and its accessibility, respondents predominantly found that information is not provided quickly enough (292 respondents, 43%), is difficult to find (283 respondents, 42%) and is inconsistent and spread over different sources (281 respondents, 42%). 



For questions concerning the conduct of authorities, the majority (543 respondents, 75%) of respondents do not consider that relevant authorities or services ensure that risk factors are sufficiently considered at all stages of investigation and court proceedings. Additionally, 56% (404) of respondents do not believe that law enforcement and judicial authorities in their Member State ensure appropriate follow-up of VAW/DV reports. Over half of the respondents (420 respondents, 57%) do not believe that these authorities treat victims, as well as child witnesses, in a gender-sensitive and child friendly manner. Open text commentary detailed that the treatment of victims is at the discretion of the officials involved and shows biases and “re-victimization” (victims being either blamed or not believed). In countries such as Belgium, Germany, and Italy, however, where special processes or staff training have been implemented, some respondents described a positive environment. Finally, the prevalent view across all respondents is that sanctions for gender-based and domestic violence offences are not sufficient (548 respondents, 75%). In open text fields, many respondents raised issues related to sanctions, such as low rates of conviction, light or suspended sentences, and a lack of enforcement.   


Regarding compensation for victims, almost half of the respondents (354 respondents, 49%) do not believe that information on how victims can obtain compensation (from the offender and/or the state) is available in their Member State. Whilst this view was echoed by two of the most represented countries (Hungary and Italy), 59% (42) of respondents from Germany (the third most represented country) do deem this information to be available. A minority of respondents (108 respondents, 15%) believe that victims do receive compensation from the offender, although 39% (279) do not know. The final question on compensation (question 19) received the fewest responses across all questions (286). It asked respondents to hypothetically describe the process of pursuing compensation, should they be entitled to it, which the overwhelming majority (241 respondents, 84%) described as difficult and long.


The final question of this section asked whether further measures to improve access to justice in matters of VAW/DV could improve the situation of victims, to which 73% (516) responded they believe that they could at both national and EU level. 


Section III: Supporting victims of violence against women and domestic violence


The first question in this section asked whether support services (either general or specialist) are available to victims of gender-based and domestic violence in respondents’ Member States. Across all respondents, 64% (464) do understand these services to be available. However, for two of the most represented countries, Germany and Italy, this proportion is substantially higher, at over 82% (see Figure 6).







Regarding general support services, three quarters of respondents (526, 75%) selected that neither they nor those with whom they have a close relation have used them in their Member State. Those who replied that they had used these services (11 respondents, 17%), frequently mentioned social services, followed by employment services, health services, psychological or counselling services, and anti-violence centres. In response to whether general support services systemically account for the needs of victims of VAW/DV, most (344 of respondents, 48%) do not believe they do, against 17% (123) who believe they do, while the remainder do not know (251 respondents, 35%). Further open text responses focused on the limited scope of support, with a frequent lack of financial support and provision of counselling to victims. Similarly, 46% (330) of respondents believe general support services do not take systematic account of the special needs of child victims/witnesses of domestic violence, against 19% (139) who believe they do, while others (250 respondents, 35%) do not know.


The following support services questions relate to specialist support. 39% (283) of respondents believe that general support services refer victims to appropriate specialist services in their Member State. The proportion, however, is higher among respondents from Italy and Germany and accounts for over 60% in both cases.  In terms of specialist support services that are accessible only to women victims of gender-based or domestic violence, 54% (385) of respondents believe that these are available. However, knowledge of services that are accessible to male victims is much lower (141 respondents, 20%).  For the special needs of child victims and child witnesses of domestic violence, almost 50% (332) of respondents do not know whether these specialist services systematically take children’s needs into account, and supplementary open-text responses suggest this is inadequate.


Three questions in this section address the availability of support services that account for the needs of different groups of victims. Firstly, the accessibility of support services for persons with disabilities is unknown to half of the respondents (356 respondents, 51%). Secondly, the availability of services without discrimination, such as that based on racial or ethnic origin, is split across respondents 32% (225) believe they are, 35% (247) believe they are not and 33% (233) do not know). Thirdly, responses as to whether victims receive information on support services in a timely manner and in a language they understand is also split but with a higher proportion of people not knowing (292 respondents, 41%).


Regarding training, almost half of all respondents (340 respondents, 48%) do not believe that professionals are adequately trained to work with victims of VAW or perpetrators. This is echoed in the responses from Hungary and Italy whereas 43% (33) of respondents from Germany believe they are. As to whether NGOs provide training, almost half of the respondents indicated they do not know (346 respondents, 49%), against 38% (264) who indicated that they do so. 


Finally, as to whether further measures should be taken to improve the support to victims of VAW/DV, the majority (553 respondents, 77%) believe they should be, at national and EU level.


Section IV: Specific forms of violence against women




Four forms of violence against women are included in this section: the first is sex-based and sexual harassment. As shown in Figure 7, the majority of respondents understand that the primary gaps in protection against sex-based and sexual harassment result from the perception that it is not considered a real problem by the general public (431 respondents, 66%), that sanctions are insufficient (430 respondents, 66%), and that provisions are ineffectively enforced (406 respondents, 62%). 

















Over half of respondents (355 respondents, 52%) are not aware of anti-harassment policies or guidelines developed by government or social partners on tackling sex-based harassment at work. 48% (324) are aware of these policies/guidelines either by both government and social partners or by one of them (see Figure 8).


60% (391) of respondents are unaware of a workplace policy on sex-based harassment in their company. This was also the case for respondents from Italy and Hungary, while 68% (45) of respondents from Germany said they are aware of a policy in their company. 


Similarly, over three quarters of respondents (515 respondents, 78%) are not aware of training of employer representatives in their Member State. In further open-text responses, among respondents aware of training provided by their Member State, most stated that the training offered is not mandatory, and therefore whether employees have to follow it depends largely on the commitment of employers. Finally, 59% (394) of respondents do not know which national authorities or other bodies they can contact in their Member State in cases of sex-based harassment at work. However, for respondents from Italy and Germany, over half (54% and 62% respectively) do know who to contact. 


The second category covered is gendered online content. 68% (470) of respondents believe that it has become more common in recent years in their Member State; and the most common forms of illegal gendered online content are believed to be gender-based hate speech (566 respondents, 84%), illegal sharing of private photos (492 respondents, 73%), and cyber-stalking (471 respondents, 70%). In further open-text commentary, respondents mentioned that the spread of the internet is one of the main problems, as abusers benefit from its anonymity when engaging in abusive behaviour. In response to whether perpetrators explicitly state that their behaviour is based on a victim’s gender, there is no consensus (40% (270) said that they do, 23% (154) that they do not and 37% (255) do not know). The supplementary open-text commentary explains that although gender may not be clearly stated, the vocabulary and content reveal the gendered nature of the abuse.


In terms of measures that respondents believe online platforms should take to combat illegal and harmful gendered online content, the primary option selected is maintaining an effective ‘notice and action’ system for users to report content (545 respondents, 81%), followed by the establishment of policies in this area and informing users of these policies including the effects of breaches (493 respondents, 73%). In the event that online platforms establish specific policies on illegal and harmful gendered content, most respondents believe that they should inform users on how to seek assistance from the platform and explain the available complaint mechanisms (573 respondents, 88%). If equality bodies in the EU Member States had powers to address this kind of content, the main power respondents indicated they should have is the provision of legal advice to victims (543 respondents, 83%). 


The third category is on harmful practices and the first question addresses whether measures were taken in Member States to prevent harmful practices targeting women. Across respondents, 40% (268) indicated that they were and further open-text responses predominantly mentioned the existence of a Penal or Criminal Code in their Member State. As regards protection or support programmes for victims of these practices targeting women, 36% (242) of respondents are not aware of them and 34% (229) do not know, whilst almost half of respondents (327 respondents, 49%) do not believe that existing preventive, intervention or support measures are effective. More than half the respondents (372 respondents, 56%) do not know whether psychological and gynecological care are available in their Member State for victims of female genital mutilation. For respondents from Germany, however, the majority are aware of care available (50 respondents, 74%). 


On the issue of trafficking in human beings, the final category, 42% (277) of respondents are aware of prevention measures in their Member State. For respondents from Italy and Germany, this is more pronounced (56% and 68% respectively). 42% (268) of respondents also believe that other aspects of sexual exploitation of women and girls other than trafficking should be addressed in EU law - with the most occurring theme, in open text responses, legislation or prohibition of sex work.


Section V: other aspects related to violence against women and domestic violence


Responses as to whether data on gender-based violence and domestic violence is being regularly collected at national level are split (43% (293) selected that it is, 31% (210) do not know and 26% (176) believe it is not). Among Hungarian respondents, 47% (106) are unaware of data collection, whereas in Italy and Germany the majority are aware of it (69% and 75% respectively). 


As to specific aspects of gender-based or domestic violence, 65% (428) of respondents do not know whether aspects targeting women with disabilities are addressed by general measures. In open text responses, respondents remarked on the general lack of attention to women with mental and physical disabilities. Similarly, specific aspects of intergenerational violence, not addressed by general measures, are also unknown (367 respondents, 56%).


On the effectiveness of measures to address psychological violence, 55% (371) of respondents are not aware of specific measures. This is similar for measures to address economic violence, where almost half (310 respondents, 46%) are not aware of them. 57%  (382) of respondents deemed measures to tackle sexual violence to be ineffective. This is echoed by respondents from Hungary and Italy, while 42% (28) of respondents from Germany believe that measures in their country have been effective. Across all respondents, 57%  (385) think that there are specialised support services available for victims of sexual violence. 


63% (427) of respondents believe that regional differences in the availability of preventative, protection, and support services regarding gender-based violence and domestic violence do exist. In further open text responses, most respondents indicated strong differences between rural and urban areas in the availability of support services, with rural areas more at risk as most services are city-based.




Nearly seven in ten (453 respondents, 67%) of all respondents believe that NGOs encounter issues in their work on gender-based violence and domestic violence. The final question of the public consultation addresses the extent to which COVID-19 had impacts on gender-based and domestic violence. The majority of respondents believe that there has been an impact (567 respondents, 83%), with 69% (470 respondents) believing that this impact is severe (see Figure 9).





This was substantiated in open text responses, in which respondents mostly reported that they perceived a considerable increase in domestic violence in the context of COVID-19.