Analysis of the European Parliament’s report on the reform of the Victims’ Rights Directive.
The European Parliament has taken a significant step towards the protection and support of crime victims across the European Union with the recent adoption of the report ‘on the proposal for a directive of the European Parliament and of the Council amending Directive 2012/29/EU on minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JAI’. This report has been led by MEP Soraya Rodríguez in the Committee on Women’s Rights and Gender Equality, and MEP Javier Zarzalejos in the Committee on Civil Liberties. This reform seeks to remedy the shortcomings identified in its implementation since 2012 and strengthen the response to the needs of victims in the European Union.
For Rodriguez, one of the most important advances is the inclusion of provisions to prevent the glorification of acts of terrorism and organised crime, as well as tributes to those responsible for these acts, in order to avoid the revictimisation of the victims. This is the first time this issue has been addressed at European level in a legislative text. It also guarantees that victims can report crimes occurring in detention centers and other closed environments, including social care institutions. This achievement is crucial to strengthening the protection of those in vulnerable situations and ensuring their access to justice.
On the other hand, the report places a special emphasis on protecting crime victims in online environments, such as gender-based cyberviolence and online child sexual abuse. In these sense, tools will be improved to ensure access to compensation and free legal aid by strengthening the right of victims to receive information about their case and the right of children to be heard during criminal investigations. In particular, we propose that legal aid be guaranteed to three categories of victims:
- People without enough resources. Detailed information on the criteria to be considered by Member States when assessing the economic situation of the victim shall be added.
- Victims with specific protection needs, identified by an individual assessment pursuant to Article 22.
- Victims of gender-based violence, terrorism and trafficking in human beings, as well as minors and persons with disabilities who have suffered abuse and ill-treatment.
The reform will also introduce an extended firewall (until the end of criminal proceedings) to protect the personal data of migrant victims, preventing its use by immigration authorities throughout the criminal proceedings. This measure is crucial to increase the security and access to justice of these victims who in many cases decide not to report because of their situation.
Another important point is the explicit mention of access to sexual and reproductive health services, including abortion care, for victims with specific needs. In addition, emphasis has been placed on specialised training for the competent authorities, ensuring better care for victims.
The reform of the Victims’ Rights Directive represents a significant step forward on defending the rights and dignity of victims of crime in the European Union. This joint effort by the European Parliament seeks to improve protection and support for victims, thereby strengthening trust in the judicial systems of the Member States and ensuring a fairer and more effective response to their needs. This report marks an important step, but it also paves the way for future progress. Effective implementation of these provisions and continued collaboration between Member States will be crucial to ensure that victims of crime receive the support and protection they deserve.
Report on the proposal for a Directive of the European Parliament and of the Council amending Directive 2012/29/EU on minimum standards on the rights, support and protection of victims of crime and replacing Council Framework Decision 2001/220/JAI
25.03.2024. Committee on Civil Liberties, Justice and Home Affairs and Committee on Women’s Rights and Gender Equality. Speakers: María Soraya Rodríguez Ramos and Javier Zarzalejos.