Article 1 Subject matter and scope
1. This Directive lays down rules to prevent and combat violence against women and domestic violence. It establishes minimum rules concerning: (a) the definition of criminal offences and penalties in the areas of sexual exploitation of women and children and computer crime; (b) the rights of victims of all forms of violence against women or domestic violence before, during and for an appropriate time after criminal proceedings; (c) protection and support for victims, prevention and early intervention. 2. Chapters 3 to 7 apply to all victims of offences of violence against women and domestic violence, regardless of their gender. Such victims are all the victims of acts criminalised under Chapter 2 and victims of any other acts of violence against women or domestic violence, as criminalised under other Union legal acts or under national law.
Article 2 Definitions
For the purposes of this Directive, the following definitions apply: (a) ‘violence against women’ means all acts of gender-based violence directed against a woman or a girl because she is a woman or a girl or that affect women or girls disproportionately, that result in or are likely to result in physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life; (b) ‘domestic violence’ means all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the offender shares or has shared a residence with the victim; (c) ‘victim’ means any person, regardless of their gender, who has suffered harm directly caused by violence against women or domestic violence, including children who have suffered harm because they have witnessed domestic violence; (d) ‘hosting service provider’ means a provider of a hosting service as defined in Article 3, point (g)(iii), of Regulation (EU) 2022/2065; (e) ‘intermediary service provider’ means a provider of an intermediary service as defined in Article 3, point (g), of Regulation (EU) 2022/2065; (f) ‘child’ means any person below the age of 18 years; (g) ‘dependant’ means a child of the victim or any person, other than the offender or suspect, who lives in the same household as the victim and for whom the victim provides care and support; (h) ‘competent authority’ means any public authority designated under national law as competent to carry out a duty as provided for in this Directive.
Article 3 Female genital mutilation
Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) excising, infibulating or performing any other mutilation to the whole or any part of the labia majora, labia minora or clitoris; (b) coercing or procuring a woman or a girl to undergo any of the acts referred to in point (a).
Article 4 Forced marriage
Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) forcing an adult or a child to enter into a marriage; (b) luring an adult or a child to the territory of a country other than the one in which he or she resides with the purpose of forcing that adult or child to enter into a marriage.
Article 5 Non-consensual sharing of intimate or manipulated material
1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) making accessible to the public, by means of information and communication technologies (‘ICT’), images, videos or similar material depicting sexually explicit activities or the intimate parts of a person, without that person’s consent, where such conduct is likely to cause serious harm to that person; (b) producing, manipulating or altering and subsequently making accessible to the public, by means of ICT, images, videos or similar material making it appear as though a person is engaged in sexually explicit activities, without that person’s consent, where such conduct is likely to cause serious harm to that person; (c) threatening to engage in the conduct referred to in point (a) or (b) in order to coerce a person to do, acquiesce to or refrain from a certain act. 2. Paragraph 1, points (a) and (b), of this Article does not affect the obligation to respect the rights, freedoms and principles referred to in Article 6 TEU and applies without prejudice to fundamental principles related to the freedom of expression and information and the freedom of the arts and sciences, as implemented in Union or national law.
Article 6 Cyber stalking
Member States shall ensure that the intentional conduct of repeatedly or continuously placing a person under surveillance, without that person’s consent or a legal authorisation to do so, by means of ICT, to track or monitor that person’s movements and activities, where such conduct is likely to cause serious harm to that person, is punishable as a criminal offence.
Article 7 Cyber harassment
Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) repeatedly or continuously engaging in threatening conduct directed at a person, at least where such conduct involves threats to commit criminal offences, by means of ICT, where such conduct is likely to cause that person to seriously fear for their own safety or the safety of dependants; (b) engaging, together with other persons, by means of ICT, in publicly accessible threatening or insulting conduct directed at a person, where such conduct is likely to cause serious psychological harm to that person; (c) the unsolicited sending, by means of ICT, of an image, video or other similar material depicting genitals to a person, where such conduct is likely to cause serious psychological harm to that person; (d) making accessible to the public, by means of ICT, material containing the personal data of a person, without that person’s consent, for the purpose of inciting other persons to cause physical or serious psychological harm to that person.
Article 8 Cyber incitement to violence or hatred
1. Member States shall ensure that intentionally inciting violence or hatred directed against a group of persons or a member of such a group, defined by reference to gender, by publicly disseminating, by means of ICT, material containing such incitement is punishable as a criminal offence. 2. For the purposes of paragraph 1, Member States may choose to punish only conduct which is either carried out in a manner likely to disturb public order or which is threatening, abusive or insulting.
Article 9 Inciting, aiding and abetting and attempt
1. Member States shall ensure that inciting the commission of any of the criminal offences referred to in Articles 3 to 6 and Article 7, first paragraph, point (b), is punishable as a criminal offence. 2. Member States shall ensure that aiding and abetting the commission of any of the criminal offences referred to in Article 3, first paragraph, point (a), and Articles 4 to 8 is punishable as a criminal offence. 3. Member States shall ensure that an attempt to commit any of the criminal offences referred to in Articles 3 and 4 is punishable as a criminal offence.
Article 10 Penalties
1. Member States shall ensure that the criminal offences referred to in Articles 3 to 9 are punishable by effective, proportionate and dissuasive criminal penalties. 2. Member States shall ensure that the criminal offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least five years. 3. Member States shall ensure that the criminal offences referred to in Article 4 are punishable by a maximum term of imprisonment of at least three years. 4. Member States shall ensure that the criminal offences referred to in Articles 5 and 6, Article 7, first paragraph, points (a), (b) and (d), and Article 8 are punishable by a maximum term of imprisonment of at least one year.
Article 11 Aggravating circumstances
To the extent that the following circumstances do not form part of the constituent elements of the criminal offences referred to in Articles 3 to 8, Member States shall take the necessary measures to ensure that, in relation to the relevant criminal offences referred to in those Articles, one or more of the following circumstances can, in accordance with national law, be regarded as an aggravating circumstance: (a) the offence, or another criminal offence of violence against women or domestic violence, was committed repeatedly; (b) the offence was committed against a person made vulnerable by particular circumstances, such as a situation of dependence or a state of physical, mental, intellectual or sensory disability; (c) the offence was committed against a child; (d) the offence was committed in the presence of a child; (e) the offence was committed by two or more persons acting together; (f) the offence was preceded or accompanied by extreme levels of violence; (g) the offence was committed with the use of a weapon or the threat of using a weapon; (h) the offence was committed with the use of force or threats to use force, or by means of coercion; (i) the conduct caused the death of the victim or severe physical or psychological harm to the victim; (j) the offender has previously been convicted of offences of the same nature; (k) the offence was committed against a former or current spouse or partner; (l) the offence was committed by a member of the family of, or a person cohabiting with, the victim; (m) the offence was committed by abusing a recognised position of trust, authority or influence; (n) the offence was committed against a person because that person was a public representative, a journalist or a human rights defender; (o) the intention of the offence was to preserve or restore the so-called ‘honour’ of a person, a family, a community or another similar group; (p) the intention of the offence was to punish the victim for the victim’s sexual orientation, gender, colour, religion, social origin or political beliefs.
Article 12 Jurisdiction
1. Each Member State shall take the necessary measures to establish its jurisdiction over the criminal offences referred to in Articles 3 to 9 where: (a) the offence is committed in whole or in part within its territory; or (b) the offender is one of its nationals. 2. A Member State shall inform the Commission where it decides to extend its jurisdiction to criminal offences as referred to in Articles 3 to 9 which have been committed outside its territory, where: (a) the offence is committed against one of its nationals or against a habitual resident in its territory; or (b) the offender is a habitual resident in its territory. 3. Member States shall ensure that their jurisdiction established over the criminal offences referred to in Articles 5 to 9 includes situations where the criminal offence is committed by means of ICT accessed from their territory, whether or not the intermediary service provider is based on their territory. 4. In the cases referred to in paragraph 1, point (b), of this Article, each Member State shall ensure that its jurisdiction established over the criminal offences referred to in Articles 3 and 4 is not subject to the condition that the conduct referred to in those Articles is punishable as a criminal offence in the State where it was carried out. 5. In the cases referred to in paragraph 1, point (b), Member States shall take the necessary measures to ensure that the exercise of their jurisdiction is not subject to the condition that a prosecution can be initiated only following a report made by the victim in the place where the criminal offence was committed, or a denunciation from the State of the place where the criminal offence was committed.
Article 13 Limitation periods
1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and adjudication of criminal offences as referred to in Articles 3 to 9 for a sufficient period of time after the commission of those criminal offences in order for those criminal offences to be tackled effectively. The limitation period shall be commensurate with the gravity of the criminal offence concerned. 2. Where the victim is a child, the limitation period for criminal offences as referred to in Article 3 shall commence at the earliest once the victim has reached 18 years of age.
Article 14 Reporting of violence against women or domestic violence
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims can report acts of violence against women or domestic violence to the competent authorities through accessible, easy-to-use, safe and readily available channels. That shall include, at least for the cybercrimes referred to in Articles 5 to 8 of this Directive, the possibility of reporting online or through other accessible and secure ICT, without prejudice to national procedural rules regarding formalising online reporting. Member States shall ensure that the possibility to report online or through other accessible and secure ICT includes the possibility to submit evidence by the means set out in the first subparagraph, without prejudice to national procedural rules regarding formalising the submission of evidence. 2. Member States shall ensure that victims have access to legal aid in accordance with Article 13 of Directive 2012/29/EU. Member States may extend legal aid to victims reporting criminal offences, where provided for under national law. 3. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that acts of violence against women or domestic violence have occurred, or that acts of violence are to be expected, to report such acts to the competent authorities without fearing negative consequences. 4. Member States shall ensure that healthcare professionals subject to confidentiality obligations are able to report to the competent authorities where they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person as a result of violence against women or domestic violence. 5. Member States shall ensure that, where the victim is a child, without prejudice to rules on legal professional privilege or, where provided for under national law, clergy-penitent privilege or equivalent principles, professionals subject to confidentiality obligations under national law are able to report to the competent authorities where they have reasonable grounds to believe that serious physical harm has been inflicted on the child as a result of violence against women or domestic violence. 6. Where children report acts of violence against women or domestic violence to the competent authorities, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and designed and accessible in child-friendly language, in accordance with the child’s age and maturity. Member States shall ensure that professionals trained to work with children assist in reporting procedures to ensure that they are in the best interests of the child. Member States shall ensure that, where the holder of parental responsibility is involved in the act of violence, the ability of a child to report the act is not conditional upon the consent of the holder of parental responsibility and that the measures necessary to protect the safety of the child are taken by the competent authorities before that person is informed about the reporting.
Article 15 Investigation and prosecution
1. Member States shall ensure that persons, units or services investigating and prosecuting acts of violence against women or domestic violence have adequate expertise in those matters and have effective investigative tools at their disposal to effectively investigate and prosecute such acts, especially for the purpose of gathering, analysing and securing electronic evidence in cases of cybercrime as referred to in Articles 5 to 8. 2. Member States shall ensure that reported acts of violence against women or domestic violence are processed and transferred without delay to the competent authorities for the purposes of investigation and prosecution and for the purpose of adopting protection measures pursuant to Article 19, where necessary. 3. Where the competent authorities have reasonable grounds to suspect that a criminal offence might have been committed, they shall, without undue delay, effectively investigate, upon receipt of a complaint or on their own initiative, acts of violence against women or domestic violence. They shall ensure that an official record is filed and preserve a record of relevant findings and evidence in accordance with national law. 4. In order to assist in the voluntary securing of evidence, in particular in cases of sexual violence, the competent authorities shall direct victims, without undue delay, to relevant healthcare professionals or to the support services referred to in Articles 25, 26 and 27 that are specialised in assisting with securing evidence. Victims shall be informed of the importance of collecting such evidence at the earliest possible time. 5. Member States shall ensure that investigations into or the prosecution of acts of rape are not dependent on a victim or the victim’s representative reporting the act, or on a complaint by a victim or the victim’s representative, and that criminal proceedings are not discontinued solely because the report or complaint has been withdrawn.
Article 16 Individual assessment to identify victims’ protection needs
1. In addition to the requirements for the individual assessment set out in Article 22 of Directive 2012/29/EU, Member States shall ensure that, at least in respect of victims of sexual violence and victims of domestic violence, the requirements set out in this Article are fulfilled. 2. At the earliest possible stage, such as at the time of first coming into contact with the competent authorities or as soon as possible after first coming into contact with them, the victim’s specific protection needs shall be identified by means of an individual assessment, where appropriate in collaboration with all relevant competent authorities. 3. The individual assessment as referred to in paragraph 2 shall focus on the risk emanating from the offender or suspect. That risk may include any of the following: (a) the risk of repeated violence; (b) the risk of bodily or psychological harm; (c) the possible use of and access to weapons; (d) the fact that the offender or suspect lives with the victim; (e) the misuse of drugs or alcohol by the offender or suspect; (f) child abuse; (g) mental health issues; or (h) stalking behaviour. 4. The individual assessment as referred to in paragraph 2 shall take into account the victim’s individual circumstances, including whether the victim experiences discrimination based on a combination of sex and any other ground or grounds of discrimination as referred to in Article 21 of the Charter (‘intersectional discrimination’), and, therefore, faces a heightened risk of violence, and the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeat victimisation. 5. Member States shall ensure that the competent authorities take adequate protection measures, with due regard to the individual assessment as referred to in paragraph 2. Such measures may include: (a) measures under Articles 23 and 24 of Directive 2012/29/EU; (b) the granting of emergency barring orders, restraining orders or protection orders pursuant to Article 19 of this Directive; (c) measures other than those referred to in points (a) and (b) of this paragraph to manage the offender or suspect’s behaviour, in particular under Article 37 of this Directive. 6. When appropriate, the individual assessment as referred to in paragraph 2 shall be undertaken in collaboration with other relevant competent authorities, depending on the stage of the proceedings, and relevant support services, such as victim protection centres, specialised services, social services, healthcare professionals, shelters, specialist support services and other relevant stakeholders. 7. Competent authorities shall review the individual assessment as referred to in paragraph 2 at regular intervals and, where relevant, take new or update ongoing protection measures in accordance with paragraph 5, to ensure that they address the victim’s current situation. 8. Dependants shall be presumed to have specific protection needs without undergoing an individual assessment as referred to in paragraph 2, unless there are indications that they do not have specific protection needs.
Article 17 Individual assessment of victims’ support needs
1. Member States shall ensure that, taking into account the individual assessment referred to in Article 16, the competent authorities assess the victim’s individual support needs as provided for under Chapter 4. The competent authorities shall assess dependants’ individual support needs as provided for under Chapter 4, unless there are indications that they do not have specific support needs. 2. Article 16(4), (6) and (7) applies to the individual assessment of victims’ support needs under paragraph 1 of this Article.
Article 18 Referral to support services
1. Where the assessments referred to in Articles 16 and 17 identify specific support or protection needs or where the victim requests support, Member States shall ensure that support services, such as specialist support services, in cooperation with the competent authorities, contact victims to offer support, with due regard for their safety. Member States may make such contact subject to the consent of the victim. 2. The competent authorities shall respond to the victim’s request for protection and support without undue delay and in a coordinated manner. 3. Member States shall ensure that, where needed, the competent authorities can refer child victims to support services, where necessary without the prior consent of the holder of parental responsibility. 4. Where necessary to ensure that the victim receives appropriate support and protection, Member States shall ensure that the competent authorities transmit relevant personal data concerning the victim and the situation of the victim to the relevant support services. Such data shall be transmitted in a confidential manner. Member States may make the transmission of such data subject to the consent of the victim. 5. Support services shall store personal data for as long as necessary for the provision of support services and, in any event, for no longer than five years after the last contact between the support services and the victim.
Article 19 Emergency barring orders, restraining orders and protection orders
1. Member States shall ensure that, in situations of immediate danger for the victim’s or dependants’ health or safety, the competent authorities are granted the power to issue, without undue delay, orders addressed to an offender or suspect of an act of violence covered by this Directive ordering the offender or suspect to vacate the residence of the victim or dependants for a sufficient period of time and prohibiting the offender or suspect from entering, or coming closer than a prescribed distance from, that residence, from entering the victim’s workplace or from contacting the victim or dependants in any way. Orders referred to in the first subparagraph of this paragraph shall have immediate effect and not be dependent on a victim reporting the criminal offence or on the initiation of an individual assessment pursuant to Article 16. 2. Member States shall ensure that the competent authorities are granted the power to issue restraining orders or protection orders to provide protection for as long as necessary to victims against any acts of violence covered by this Directive. 3. Where the victim is an adult, Member States may require, in accordance with their national law, that emergency barring orders, restraining orders and protection orders as provided for in paragraphs 1 and 2 be issued at the request of the victim. 4. Member States shall ensure that, where relevant for the safety of the victim, the competent authorities inform victims of the possibility to apply for emergency barring orders, restraining orders or protection orders and of the possibility to seek cross-border recognition of protection orders pursuant to Directive 2011/99/EU ( 17 ) or Regulation (EU) No 606/2013 ( 18 ) of the European Parliament and of the Council. 5. Any breaches of emergency barring orders, restraining orders or protection orders shall be subject to effective, proportionate and dissuasive criminal or non-criminal penalties. Member States shall ensure that, where such a breach occurs, a revision of the individual assessment referred to in Article 16 is considered in accordance with paragraph 7 of that Article, where necessary. 6. Member States shall ensure that victims are offered the opportunity to be notified, without undue delay, when there is a breach of an emergency barring order, restraining order or protection order which could have an impact on their safety. 7. This Article does not oblige the Member States to modify their national systems as regards the qualification of emergency barring orders and protection orders as falling under criminal, civil or administrative law.
Article 20 Protection of victims’ private life
Member States shall ensure that, in criminal proceedings, evidence concerning the past sexual conduct of the victim or other aspects of the victim’s private life related thereto is permitted only where it is relevant and necessary.
Article 21 Guidelines for law enforcement and prosecutorial authorities
Member States may issue guidelines for cases concerning violence against women or domestic violence for the competent authorities acting in criminal proceedings, including prosecutorial guidelines. Those guidelines shall be gender sensitive and advisory in nature and may include guidance on how to: (a) ensure that all forms of violence against women and domestic violence are properly identified; (b) gather and preserve relevant evidence, including online evidence; (c) conduct the individual assessments under Articles 16 and 17, including the process for reviewing such assessments; (d) handle cases which might require emergency barring orders, restraining orders or protection orders to be issued or implemented; (e) treat victims in a trauma-, gender-, disability- and child-sensitive manner and ensure the child’s right to be heard and the best interests of the child; (f) ensure that victims are treated in a respectful way and that proceedings are conducted in such a manner as to prevent secondary or repeat victimisation; (g) cater to the enhanced protection and all relevant support needs of victims experiencing intersectional discrimination as provided for in Article 33(1); (h) identify and avoid gender stereotypes; (i) raise awareness about all victim groups in the context of domestic violence; (j) refer victims to specialist support services, including medical services, in order to ensure that victims are appropriately treated and that cases of violence against women or domestic violence are appropriately handled without undue delay; and (k) ensure that victims’ privacy and confidential information are protected. In order to ensure that the guidelines referred to in the first paragraph are appropriately updated, they shall be reviewed where necessary, having regard to the way in which they apply in practice.
Article 22 Role of national bodies, including equality bodies
1. Member States shall designate and make the necessary arrangements for one or more bodies to carry out the following tasks: (a) publishing reports and making recommendations on any issue relating to violence against women and domestic violence, including gathering existing good practices; and (b) exchanging available information with relevant European bodies such as the European Institute for Gender Equality. For the purposes of the first subparagraph, Member States may consult with civil society organisations. 2. The bodies referred to in paragraph 1 of this Article may form part of equality bodies set up pursuant to Directives 2004/113/EC, 2006/54/EC and 2010/41/EU.
Article 23 Measures to remove certain online material
1. Without prejudice to Regulation (EU) 2022/2065, Member States shall take the necessary measures to ensure that online publicly accessible material as referred to in Article 5(1), points (a) and (b), and Articles 7 and 8 of this Directive is promptly removed or that access thereto is disabled. Measures as referred to in the first subparagraph of this paragraph shall include the possibility for the competent authorities to issue binding legal orders to remove or to disable access to such material. Member States shall ensure that such orders meet, at least, the conditions set out in Article 9(2) of Regulation (EU) 2022/2065. 2. Orders as referred to in the second subparagraph of paragraph 1 shall be addressed to hosting service providers. Where removal would not be feasible, the competent authorities may also address orders to disable access to the material concerned to relevant intermediary service providers other than hosting service providers that have the technical and operational ability to take action regarding the material concerned. 3. Member States shall ensure that, where criminal proceedings regarding an offence as referred to in Article 5(1), point (a) or (b), Article 7 or Article 8 are terminated without leading to a finding that an offence has been committed, orders as referred to in the second subparagraph of paragraph 1 of this Article are discharged and the addressees of such orders are informed thereof. 4. Member States shall ensure that the orders and other measures referred to in paragraph 1 are taken following transparent procedures and are subject to adequate safeguards, in particular to ensure that those orders and other measures are limited to what is necessary and proportionate and that due account is taken of the rights and interests of all relevant parties involved, including their fundamental rights in accordance with the Charter. Member States shall ensure that hosting service providers, other relevant intermediary service providers and content providers affected by an order as referred to in the second subparagraph of paragraph 1 have a right to an effective judicial remedy. Such right shall include the right to challenge such an order before the courts of the Member State of the competent authority that issued the order. 5. Member States shall ensure that the relevant content providers affected by an order as referred to in the first subparagraph of paragraph 1 are informed, where appropriate by the hosting service providers or by any other relevant intermediary service providers concerned, of the reasons for the removal of or the disabling of access to the material pursuant to the orders or other measures referred to in paragraph 1 and of the possibility to have access to judicial redress. 6. Member States shall ensure that the removal of or the disabling of access to the material pursuant to the orders or other measures referred to in paragraph 1 does not prevent the competent authorities from obtaining or securing, without undue delay, the evidence necessary for the investigation and prosecution of an offence as referred to in Article 5(1), point (a) or (b), Article 7 or Article 8.
Article 24 Compensation from offenders
1. Member States shall ensure that victims have the right to claim, in accordance with national law, full compensation from offenders for damages resulting from offences of violence against women or domestic violence. 2. Member States shall ensure, where appropriate, that victims are able to obtain a decision on compensation in the course of criminal proceedings.
Article 25 Specialist support to victims
1. Member States shall ensure that specialist support services as referred to in Article 8(3) and Article 9(3) of Directive 2012/29/EU are available for victims, irrespective of whether they have filed a formal complaint. Where specialist support services as referred to in the first subparagraph are not provided as an integrated part of general victim support services, general and specialist support services shall be coordinated. Specialist support services as referred to in the first subparagraph shall provide: (a) information and support on any relevant practical matters arising as a result of the crime, including on access to housing, education, childcare, training, financial support and assistance to remain in or find employment; (b) information on access to legal advice, including the possibility of legal aid, where available; (c) information on and, where appropriate, referral to services providing medical and forensic examinations, which may include comprehensive healthcare services, and information on and, where appropriate, referral to psychosocial counselling, including trauma care; (d) support to victims of cybercrimes as referred to in Articles 5 to 8, including on how to document the cybercrime and information on judicial remedies and remedies to remove online content related to the crime; (e) information on and, where appropriate, referral to women’s support services, rape crisis centres, shelters and sexual violence referral centres; and (f) information on and, where appropriate, referral to specialist support services for victims at an increased risk of violence, which may include services for rehabilitation and socio-economic integration after sexual exploitation. 2. Specialist support services as referred to in paragraph 1 shall be provided in person, tailored to the needs of victims and easily accessible and readily available, including online or through other adequate means, such as ICT. 3. Member States shall ensure sufficient human and financial resources to provide the specialist support services referred to in paragraph 1. Where specialist support services as referred to in paragraph 1 are provided by non-governmental organisations, Member States shall provide them with adequate funding, taking into account the proportion of specialist support services that are already provided by public authorities. 4. Member States shall provide the protection and specialist support services necessary to comprehensively address the multiple needs of victims by providing those services, including those provided by non-governmental organisations, at the same premises, by coordinating such services through a contact point, or by facilitating access to such services through one-stop online access. The services referred to in the first subparagraph shall include at least first-hand medical care and referral to further medical care, as provided in the national healthcare system, as well as social services, psychosocial support, legal services and police services, or information on and direction to such services. 5. Member States shall ensure that guidelines and protocols for healthcare and social service professionals on identifying and providing appropriate support to victims are issued, including on referring victims to the relevant support services and avoiding secondary victimisation. Guidelines and protocols referred to in the first subparagraph shall indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and any other ground or grounds of discrimination. Guidelines and protocols referred to in the first subparagraph shall be developed in a gender-, trauma- and child-sensitive manner in cooperation with specialist support service providers and shall be reviewed and, where appropriate, updated to reflect changes in law and practice. 6. Member States shall ensure that guidelines and protocols for health-care services performing first-hand medical care on identifying and providing appropriate support to victims are issued. Guidelines and protocols referred to in the first subparagraph shall cover the preservation and documentation of evidence and the further transmission of evidence to competent forensic centres in accordance with national law. 7. Member States shall aim to ensure that specialist support services referred to in paragraph 1 remain fully operational for victims in times of crisis, such as health crises or other states of emergency. 8. Member States shall ensure that specialist support services referred to in paragraph 1 are available to victims before, during and for an appropriate time after criminal proceedings.
Article 26 Specialist support for victims of sexual violence
1. Member States shall provide for appropriately equipped and easily accessible rape crisis or sexual violence referral centres, which may form part of the national healthcare system, to ensure effective support to victims of sexual violence and to ensure the clinical management of rape, including assisting in the safekeeping and documentation of evidence. Centres referred to in the first subparagraph shall provide trauma-sensitive support and, where necessary, referral to specialised trauma support and counselling for victims, after the offence has been committed. Member States shall ensure that victims of sexual violence have access to medical and forensic examinations. Those examinations may be provided in the centres referred to in this paragraph or by referral to specialised centres or units. Member States shall ensure coordination between the referral centres and competent medical and forensic centres. Where the victim is a child, the services referred to in this paragraph shall be provided in a child-friendly manner. 2. Member States shall provide for victims of sexual violence to have timely access to healthcare services, including sexual and reproductive healthcare services, in accordance with national law. 3. The services referred to in paragraphs 1 and 2 of this Article shall be available free of charge, without prejudice to those services that are provided for under the national healthcare system, and accessible every day of the week. They may be part of the services referred to in Article 25. 4. Member States shall ensure a sufficient geographical distribution and capacity of the services referred to in paragraphs 1 and 2 across the Member State. 5. Article 25(3) and (7) shall apply to the provision of support for victims of sexual violence under this Article.
Article 27 Specialist support for victims of female genital mutilation
1. Member States shall ensure effective, age-appropriate and easily accessible support to victims of female genital mutilation, including by providing gynaecological, sexological, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. That support shall include the provision of information on units in public hospitals that perform genital and clitoral reconstructive surgery. Support as referred to in the first subparagraph may be provided by the referral centres referred to in Article 26 or any dedicated health centre. 2. Article 25(3) and (7) and Article 26(3) shall apply to the provision of support for victims of female genital mutilation under this Article.
Article 28 Specialist support for victims of sexual harassment at work
In cases of sexual harassment at work that constitute a criminal offence under national law, Member States shall ensure that counselling services are available for victims and employers. Those services shall include information on ways to adequately address such cases of sexual harassment, including on available remedies to remove the offender from the workplace.
Article 29 Helplines for victims
1. Member States shall ensure that state-wide telephone helplines are available, free of charge, 24 hours a day and seven days a week, to provide information and advice to victims. Helplines as referred to in the first subparagraph may be operated by specialist support services, in accordance with national practice. Information and advice as referred to in the first subparagraph shall be provided on a confidential basis or with due regard for the victim’s anonymity. Member States are encouraged to also provide helplines as referred to in the first subparagraph through other secure and accessible ICT, including online applications. 2. Member States shall take appropriate measures to ensure that the services referred to in paragraph 1 of this Article are accessible for end-users with disabilities, including by providing support in language that is easy to understand. Those services shall be accessible in line with the accessibility requirements for electronic communications services set out in Annex I to Directive (EU) 2019/882 of the European Parliament and of the Council ( 19 ) . 3. Member States shall strive to ensure the provision of the services referred to in paragraph 1 in a language that victims can understand, including by means of telephone interpreting. 4. Article 25(3) and (7) shall apply to the provision of helplines and support through ICT under this Article. 5. Member States are encouraged to ensure that the services referred to in paragraph 1 for victims of violence against women are reachable through the harmonised number at Union level, namely ‘116 016’, in addition to any existing national number or numbers. 6. Member States shall ensure that end-users are adequately informed of the existence of and number for helplines, including by means of regular awareness-raising campaigns.
Article 30 Shelters and other interim accommodation
1. The shelters and other appropriate interim accommodation as provided for in Article 9(3), point (a), of Directive 2012/29/EU (‘shelters and other appropriate interim accomodation’) shall specifically address the needs of victims of domestic violence and sexual violence, including those of victims at an increased risk of violence. They shall assist victims in their recovery by providing safe, easily accessible, adequate and appropriate living conditions with a view to a return to independent living and by providing information on support services and referrals, including for further medical care. 2. The shelters and other appropriate interim accommodation shall be provided in sufficient numbers and shall be easily accessible and equipped to accommodate the specific needs of women, including by providing women-only shelters with room for children, and ensuring the rights and needs of children, including child victims. 3. The shelters and other appropriate interim accommodation shall be available to victims and dependants under the age of 18, regardless of their nationality, citizenship, place of residence or residence status. 4. Article 25(3) and (7) applies to shelters and other appropriate interim accommodation.
Article 31 Support for child victims
1. Member States shall ensure that a child is provided specific adequate support as soon as the competent authorities have reasonable grounds to believe that that child might have been subject to, or might have witnessed, violence against women or domestic violence. Support to children shall be specialised and appropriate to the age, developmental needs and individual situation of the child, while respecting the best interests of the child. 2. Child victims shall be provided with age-appropriate medical care and emotional, psychosocial, psychological and educational support, tailored to the developmental needs and individual situation of the child, and any other appropriate support tailored, in particular, to situations of domestic violence. 3. Where it is necessary to provide for interim accommodation, children, after having had their views on the matter heard, taking into account their age and maturity, shall as a priority be placed together with other family members, in particular with a non-violent parent or holder of parental responsibility, in permanent or temporary housing equipped with support services. The principle of the best interests of the child shall be decisive when assessing matters regarding interim accommodation.
Article 32 Safety of children
1. Member States shall ensure that the relevant competent authorities have access to information regarding violence against women or domestic violence involving children, in so far as necessary to allow that that information can be taken into account when assessing the best interests of the child in the framework of civil proceedings concerning such children. 2. Member States shall establish and maintain safe places which allow safe contact between a child and a holder of parental responsibility who is an offender or suspect of violence against women or domestic violence, to the extent that the holder of parental responsibility has rights of access. Member States shall ensure supervision, as appropriate, by trained professionals in the best interests of the child.
Article 33 Targeted support for victims with intersectional needs and groups at risk
1. Member States shall ensure the provision of specific support to victims experiencing intersectional discrimination who are at an increased risk of violence against women or domestic violence. 2. The support services referred to in Articles 25 to 30 shall have sufficient capacity to accommodate victims with disabilities, taking into consideration their specific needs, including personal assistance. 3. Support services shall be available for third-country nationals who are victims, in accordance with the principle of non-discrimination referred to in Article 1 of Directive 2012/29/EU. Member States shall ensure that victims who so request can be kept separate from persons of the other sex in detention facilities for third-country nationals subject to return procedures or accommodated separately in reception centres for applicants for international protection. 4. Member States shall ensure that persons can report occurrences of violence against women or domestic violence in institutions and reception and detention centres to the relevant staff and that procedures are in place to ensure that those staff or the competent authorities adequately and swiftly address such reports in accordance with the requirements set out in Articles 16, 17 and 18.
Article 34 Preventive measures
1. Member States shall take appropriate measures to prevent violence against women and domestic violence by adopting a comprehensive multi-layered approach. 2. Preventive measures shall include conducting or supporting targeted awareness-raising campaigns or programmes aimed at persons from an early age. Campaigns or programmes as referred to in the first subparagraph may include research and education programmes to increase awareness and understanding among the general public of the different manifestations and root causes of all forms of violence against women and domestic violence, the need for prevention and, where appropriate, the consequences of such violence, in particular on children. Where relevant, programmes as referred to in the first subparagraph may be developed in cooperation with relevant civil society organisations, specialist services, the social partners, impacted communities and other stakeholders. 3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures, including medical treatment, available and easily accessible to the general public, taking into account the most widely spoken languages on their territory. 4. Targeted measures shall be focused on groups at heightened risk, such as those referred to in Article 33(1). Information for children shall be formulated in, or adapted into, a child-friendly manner. Information shall be presented in formats accessible to people with disabilities. 5. Preventive measures shall, in particular, aim to challenge harmful gender stereotypes, to promote gender equality, mutual respect and the right to personal integrity, and to encourage all persons, especially men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this Directive. 6. Preventive measures shall aim to target and reduce the demand for victims of sexual exploitation. 7. Preventive measures shall develop or increase sensitivity about the harmful practices of female genital mutilation and forced marriage, taking into account the number of persons at risk of, or affected by, those practices in the Member State concerned. 8. Preventive measures shall specifically address the cybercrimes referred to in Articles 5 to 8. In particular, Member States shall ensure that such preventive measures include the development of digital literacy skills, including critical engagement with the digital world and critical thinking to enable users to identify and address cases of cyber violence, to seek support and to prevent its perpetration. Member States shall foster multidisciplinary and stakeholder cooperation, including among relevant intermediary service providers and competent authorities, to develop and implement measures to address the cybercrimes referred to in Articles 5 to 8. 9. Without prejudice to Article 26 of Directive 2006/54/EC, Member States shall take adequate and appropriate measures to address sexual harassment at work, where it constitutes a criminal offence under national law, in relevant national policies. Those national policies may identify and establish the targeted measures referred to in paragraph 2 of this Article for sectors where workers are the most exposed.
Article 35 Specific measures to prevent rape and to promote the central role of consent in sexual relationships
1. Member States shall take appropriate measures to promote changes in behavioural patterns rooted in the historically unequal power relations between women and men or based on stereotyped roles for women and men, in particular in the context of sexual relationships, sex and consent. Measures as referred to in the first subparagraph shall be based on the principles of gender equality and non-discrimination and on fundamental rights and shall address, in particular, the central role of consent in sexual relationships, which must be given voluntarily as a result of the person’s free will. Measures as referred to in the first subparagraph shall include awareness-raising campaigns or programmes, the making available and distribution of consent education material and the wide dissemination of information on measures of rape prevention. Measures as referred to in the first subparagraph shall be promoted or implemented on a regular basis, including, where appropriate, in cooperation with civil society and non-governmental organisations, in particular women’s organisations. 2. Awareness-raising campaigns or programmes as referred to in the third subparagraph of paragraph 1 shall aim, in particular, to increase knowledge of the fact that non-consensual sex is considered a criminal offence. 3. Consent education material as referred to in the third subparagraph of paragraph 1 shall promote the understanding that consent must be given voluntarily as a result of a person’s free will, mutual respect, and the right to sexual integrity and bodily autonomy. Such material shall be adapted to the evolving capacity of the persons to whom it is addressed. 4. Information as referred to in this Article shall be widely disseminated with a view to informing the general public about existing measures of rape prevention, including the availability of the intervention programmes referred to in Article 37.
Article 36 Training and information for professionals
1. Member States shall ensure that officials likely to come into contact with victims, such as police officers and court staff, receive both general and specialist training and targeted information to a level appropriate to their contact with victims in order to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender- and child-sensitive manner. 2. Member States shall promote or offer training to healthcare professionals, social services and educational staff likely to come into contact with victims in order to enable them to identify instances of violence against women or domestic violence and to direct victims to specialist support services. 3. Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall take the necessary measures to ensure that both general and specialist training is provided for judges and prosecutors involved in criminal proceedings and investigations with respect to the objectives of this Directive and appropriate to the functions of those judges and prosecutors. Such training shall be human-rights based, victim centred and gender, disability and child sensitive. 4. Without prejudice to the independence of the legal profession, Member States shall recommend that those responsible for the training of lawyers make available both general and specialist training to increase the awareness of lawyers of the needs of victims and to treat victims in a trauma-, gender- and child-sensitive manner. 5. Relevant health professionals, including paediatricians, gynaecologists, obstetricians, midwives and healthcare staff involved in psychological support, shall receive targeted training to identify and address, in a culturally sensitive manner, the physical, psychological and sexual consequences of female genital mutilation. 6. Persons with supervisory functions in the workplace, in both the public and private sectors, shall receive training on how to recognise, prevent and address sexual harassment at work, where it constitutes a criminal offence under national law. Those persons and employers shall receive information about the effects of violence against women and domestic violence on work and the risk of third-party violence. 7. The training activities referred to in paragraphs 1, 2 and 5 shall include training on coordinated multi-disciplinary cooperation to allow for a comprehensive and appropriate handling of referrals in cases of violence against women or domestic violence. 8. Without affecting the freedom and pluralism of the media, Member States shall encourage and support the setting up of media training activities by organisations of media professionals, media self-regulatory bodies and industry representatives or other relevant independent organisations to combat stereotypical portrayals of women and men, sexist images of women, and victim-blaming in the media, aiming to reduce the risk of violence against women or domestic violence. Training activities as referred to in the first subparagraph may be provided by relevant civil society organisations, non-governmental organisations working with victims, the social partners and other stakeholders. 9. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained to facilitate and assist in the reporting of such offences and to avoid secondary victimisation. 10. Training activities as referred to in paragraphs 1 to 5 of this Article shall be complemented by appropriate follow up, including on the cybercrimes referred to in Articles 5 to 8, and built on the specificities of violence against women and domestic violence. Such training activities may include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing intersectional discrimination. 11. The measures under paragraphs 1 to 9 shall be implemented without prejudice to judicial independence, the self-organisation of regulated professions and differences in the organisation of the judiciary across the Union.
Article 37 Intervention programmes
1. Member States shall take the necessary measures to ensure that targeted intervention programmes are established to prevent and minimise the risk of committing violence against women or domestic violence or of reoffending. 2. The intervention programmes referred to in paragraph 1 shall be made available for the participation of persons who have committed an offence of violence against women or domestic violence and may be made available for the participation of other persons who are assessed as being at risk of committing such offences. That may include persons who feel the need to participate, for example because they fear they might commit any offence of violence against women or domestic violence. 3. Member States shall ensure that a rape offender is encouraged to participate in an intervention programme as referred to in paragraph 1.
Article 38 Coordinated policies and coordinating body
1. Member States shall adopt and implement state-wide effective, comprehensive and coordinated policies encompassing all relevant measures to prevent and combat all forms of violence against women and domestic violence. 2. Member States shall designate or establish one or more official bodies responsible for coordinating, implementing, monitoring and evaluating policies and measures to prevent and combat all forms of violence covered by this Directive. 3. The body or bodies referred to in paragraph 2 shall coordinate the collection of data referred to in Article 44 and analyse and disseminate the results of such collections. 4. Member States shall ensure that policies are coordinated at the central level as well as, where appropriate, at the regional or local level, in accordance with the distribution of competences in the Member State concerned.
Article 39 National action plans for preventing and combating violence against women and domestic violence
1. By 14 June 2029, Member States shall adopt, in consultation with specialist support services, where relevant, national action plans for preventing and combating gender-based violence. 2. The national action plans referred to in paragraph 1 may include priorities and actions for preventing and combating violence against women and domestic violence, their objectives and monitoring mechanisms, the resources necessary to achieve such priorities and actions and how those resources are to be allocated. 3. Member States shall ensure that the national action plans referred to in paragraph 1 are reviewed and updated to ensure that they remain relevant.
Article 40 Multi-agency coordination and cooperation
1. Member States shall put in place appropriate mechanisms, with due regard to national law or practice, to ensure the effective coordination of and effective cooperation among relevant authorities, agencies and bodies, including ombudsmen, local and regional authorities, law enforcement, the judicial authorities, without prejudice to judicial independence, support services, in particular women’s specialist support services, as well as non-governmental organisations, social services, including child protection or welfare authorities, education and healthcare providers, the social partners, without prejudice to their autonomy, and other relevant organisations and entities, in protecting victims from violence against women and domestic violence and in supporting them. 2. Mechanisms of coordination and cooperation as referred to in paragraph 1 of this Article shall, in particular, pertain, in so far as relevant, to the individual assessments under Articles 16 and 17, the provision of protection and support measures under Article 19 and Chapter 4, the guidelines of an advisory nature under Article 21, and the training activities for professionals referred to in Article 36.
Article 41 Cooperation with non-governmental organisations
Member States shall cooperate with and hold regular consultations with civil society organisations, including non-governmental organisations working with victims, in particular concerning: the provision of adequate support to victims; policymaking initiatives; information and awareness-raising campaigns; research and education programmes; training; and the monitoring and evaluation of the impact of measures to support and protect victims.
Article 42 Cooperation between intermediary service providers
Member States shall encourage self-regulatory cooperation between relevant intermediary service providers, such as the establishment of codes of conduct. Member States shall raise awareness of self-regulatory measures adopted by relevant intermediary service providers in connection with this Directive, in particular measures to reinforce mechanisms implemented by such intermediary service providers to address online material referred to in Article 23(1) and to improve the employee training as regards preventing the offences referred to in this Directive on assisting and supporting victims of the offences provided for in this Directive.
Article 43 Union-level cooperation
Member States shall take appropriate action to facilitate cooperation between each other and at Union level to improve the implementation of this Directive. As part of such cooperation, Member States shall aim at least to: (a) exchange best practices with each other through established networks working on matters relevant to violence against women and domestic violence, as well as with Union agencies, within their respective mandates; and (b) where necessary, consult each other in individual cases, including through Eurojust and the European Judicial Network in criminal matters, within their respective mandates.
Article 44 Data collection and research
1. Member States shall have a system in place for the collection, development, production and dissemination of statistics on violence against women or domestic violence. 2. The statistics referred to in paragraph 1 shall, as a minimum, include the following existing data, available at a central level, disaggregated by sex, age group (child/adult) of the victim and of the offender and, where possible and relevant, relationship between the victim and the offender and type of offence: (a) the annual number of reported offences and of convictions of violence against women or domestic violence, obtained from national administrative sources; (b) the number of victims who have been killed due to violence against women or domestic violence; (c) the number and capacity of shelters per Member State; and (d) the number of calls to national helplines. 3. Member States shall endeavour to conduct population-based surveys at regular intervals to assess the prevalence of, and trends in, all forms of violence covered by this Directive. Member States shall transmit data resulting from surveys as referred to in the first subparagraph to the Commission (Eurostat) as soon as they become available. 4. In order to ensure the comparability and standardisation of administrative data across the Union, Member States shall endeavour to collect administrative data on the basis of common disaggregations developed in cooperation with and in accordance with the standards developed by the European Institute for Gender Equality pursuant to paragraph 5. They shall transmit those data to the European Institute for Gender Equality on a yearly basis. The transmitted data shall not contain personal data. 5. The European Institute for Gender Equality shall support Member States in the data-gathering referred to in paragraph 2, including by establishing common standards taking into account the requirements set out in that paragraph. 6. The Member States shall make the statistics collected pursuant to this Article available to the public in an easily accessible manner. Those statistics shall not contain personal data. 7. Until at least the end of the 2021-2027 multiannual financial framework, the Commission shall support or conduct research on root causes, effects, incidences and conviction rates of the forms of violence covered by this Directive.
Article 45 Reporting and review
1. By 14 June 2032, Member States shall communicate to the Commission all relevant information concerning the functioning of this Directive necessary for the Commission to draw up a report on the evaluation of this Directive. 2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall carry out an evaluation of the impact of this Directive and of whether the objective of preventing and combating violence against women and domestic violence across the Union has been achieved and submit a report to the European Parliament and the Council. That report shall assess, in particular, whether an extension of the scope of this Directive and the introduction of new offences is necessary. That report shall be accompanied by a legislative proposal, if necessary. 3. By 14 June 2032, the Commission shall assess whether further measures at Union level are necessary to effectively tackle sexual harassment and violence in the workplace, taking into account applicable international conventions, the Union’s legal framework in the area of equal treatment of men and women in matters of employment and occupation and the legal framework on occupational safety and health.
Article 46 Relationship with other Union acts
1. This Directive does not affect the application of the following legal acts: (a) Directive 2011/36/EU; (b) Directive 2011/93/EU; (c) Directive 2011/99/EU; (d) Directive 2012/29/EU; (e) Regulation (EU) No 606/2013; (f) Regulation (EU) 2022/2065. 2. The specific measures of prevention, protection of and support to victims provided for in Chapters 3, 4 and 5 of this Directive apply in addition to the measures laid down in Directives 2011/36/EU, 2011/93/EU and 2012/29/EU.
Article 47 Freedom of the press and freedom of expression in other media
This Directive shall not affect special liability regimes relating to fundamental principles on the freedom of the press and the freedom of expression in protected media which exist in Member States as of 13 June 2024, provided that such regimes can be applied in full compliance with the Charter.
Article 48 Non-regression clause
The implementation of this Directive shall not constitute grounds for justifying a reduction in the level of protection of victims. That prohibition of such a reduction in the level of protection shall be without prejudice to the right of Member States to lay down, in light of changing circumstances, legislative or regulatory arrangements other than those in force on 13 June 2024, provided that the minimum requirements laid down in this Directive are complied with.
Article 49 Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 14 June 2027. They shall immediately inform the Commission thereof. When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the measures of national law which they adopt in the field covered by this Directive.
Article 50 Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
Article 51 Addressees
This Directive is addressed to the Member States in accordance with the Treaties.