the 'Communication from the Commission on violence against children, young persons and women', and the 'Amended Proposal for a European Parliament and Council Decision adopting a programme of Community action (the Daphne Programme) (2000-2004) on measures aimed to prevent violence against children, young persons and women'
14. 7. 1999 EN Official Journal of the European Communities C 198/61 Opinion of the Committee of the Regions on: — the ‘Communication from the Commission on violence against children, young persons and women’, and — the ‘Amended Proposal for a European Parliament and Council Decision adopting a programme of Community action (the Daphne Programme) (2000-2004) on measures aimed to prevent violence against children, young persons and women’ THE COMMITTEE OF THE REGIONS, (1999/C 198/12) having regard to the Communication from the Commission on violence against children, young persons and women and the Amended Proposal for a European Parliament and Council Decision adopting a programme of Community action (the Daphne Programme) (2000-2004) on measures aimed to prevent violence against children, young persons and women [COM(1998) 335 final — 98/0192 (CNS)] and [COM(1999) 82 final — 98/0192 (COD)] (1); having regard to the European Commission’s decision of 18 February 1999 to consult the Committee of the Regions on the subject, under Article 129 of the Treaty establishing the European Community; having regard to its Bureau’s decision of 16 September 1998 instructing Commission 7 (Education, Vocational Training, Culture, Youth, Sport and Citizens’ Rights) to draw up an opinion on the subject; having regard to the Draft Opinion (CdR 300/98 rev. 1) adopted by Commission 7 on 10 March 1999 (rapporteurs: Mrs Onkelinx and Mrs Van Den Brink), having regard to the recommendations for actions for local and regional authorities across the EU to combat child abuse, put forward at the seminar on ‘local and regional cooperation to protect children from abuse’ in Brussels, on 4 December 1998, organised by Commission 7 in cooperation with the National Society for the Prevention of Cruelty to Children (UK) and the Irish Society for Prevention of Cruelty to Children (supported by the Daphne initiative), unanimously adopted the following opinion at its 28th plenary session of 10 and 11 March 1999 (meeting of 11 March). 1. Introduction 1. 1. Violence against children and young persons 1. 1. 1. Violence against children and young people is a real social problem which is unfortunately widespread in all social classes, regardless of their level of socio-economic and cultural development. and drug abuse, are factors which considerably increase the risks of violence and hence the vulnerability of children. A single case of such violence may involve physical, sexual or psychological mistreatment, forms of exploitation of children, or abandonment of children and new-born babies. These phenomena are found worldwide and hence also in Europe. Moreover, the COR underlines in particular the importance of developing research on the impact of drugs and alcohol abuse on the family environment. 1. 1. 2. Mistreatment of children means any deeds or negli- gence by an individual, an institution or by society as a whole, and all situations arising from such deeds or negligence, which deprive children of their freedom or corresponding rights and/or hinder their optimum development. 1. 1. 4. When discussing violence against children, one can- not ignore the serious problems posed by networks using Internet for child pornography. It is clear that Internet, through its decentralized structure and worldwide extent, can facilitate the establishment and development of such networks. 1. 1. 3. It must, however, be noted that poor socio-economic conditions and social status, the break-up of families and the absence of social integration, and problems linked with alcohol (1) OJ C 259, 18. 8. 1998, p. 2; OJ C 89, 30. 4. 1998, p. 42. 1. 1. 5. On the other hand, the open nature of Internet can also help towards the identification and arrest of people involved in such networks, as shown recently by the vast international operation which led to the dismantling of the C 198/62 EN Official Journal of the European Communities 14. 7. 1999 ‘Wonderland’ network. At all events, while one is aware of the seriousness of the acts placed on the Internet by paedophile networks, one should not concentrate on this problem alone, since it is only one of the many aspects of violence against children, and illegal behaviour on the network is only a small part of the Internet traffic. 1. 1. 6. Even if the public’s attention tends to focus more on sexual exploitation of children and urban violence — particularly in schools — let us remember that most acts of violence, abandonment and mistreatment take place in the family context. Some regional and local authorities, acting within the powers conferred upon them, may take specific measures to protect children: placement in foster families or specialized institutions, monitoring of families in difficulties, provision of financial aid, etc. 1. 2. International and European context 1. 2. 1. levels and in different ways. The need for concerted acknowledged at various 1. 2. 2. action on a world scale to defend human rights and to put an end to violence has long beenAt global level, the 1948 Universal Declaration of Human Rights, the 1989 United Nations Convention on the Rights of the Child, Article 19 of which lays down the right of everyone under 18 to protection ‘from all forms of physical and mental violence, injury and abuse’, the 1990 World Summit for Children, the 1996 Stockholm Declaration and the Agenda for Action adopted by the first World Congress against the Commercial Sexual Exploitation of Children, represent a considerable achievement and form the basis for national and international measures in the field from now on. It is also accepted that children who have been 1. 1. 7. abused or mistreated are at risk of becoming violent or committing abuse themselves. 1. 2. 3. At European level, the Convention for the Protection of Human Rights and Fundamental Freedoms recognizes the right of all people, including women and children, not to be subjected ‘to inhuman or degrading treatment’. 1. 1. 8. Any act of violence has an effect not only on the victim, but also on his or her family and the whole of society. Acts of violence directed against children, experienced within the family or represented in the media are likely to affect their physical, emotional or mental health; the children concerned will require medical, psychological and social care. All these points call 1. 1. 9. for special attention or a reorientation of the action and measures to be taken by the European Union. 1. 1. 10. It is impossible to assess the real social costs of the effects of violence. However, it is clear that the Member States of the European Union spend a considerable amount on medical treatment, psychological and social support and judicial matters arising from this social scourge. 1. 1. 11. Although the financial aspect is hardly negligible, the human aspect must remain the priority for all, and to this end any action designed to reduce the risks and prevent acts of violence, abandonment and mistreatment of children must be supported. We would underline here the importance of the role played by some regional and local authorities in mother and child welfare and in providing child support services. Such authorities have specific medical and social responsibilities — particularly in the context of preventing the mistreatment of children. In this respect, the COR underlines the value of 1. 1. 12. educational campaigns for the safety of children not only in schools but also in out-of-school activities. 1. 2. 4. Moreover, the summit meeting of Baltic Sea States held in Riga in 1998 encouraged the Member States to associate themselves with the European Union’s joint measures to combat trafficking in human beings and exploitation of children of any kind. 1. 3. The European Union’s response 1. 3. 1. have an essential role to play in combating violence. The Union, its Member States and its institutions all It is essential to strengthen and develop Community 1. 3. 2. action in this field, while taking care to respect the principles of subsidiarity and complementarity. At the invitation of the European Parliament, the 1. 3. 3. Council and Commission have already taken a series of measures, particularly in the fields of education, audiovisual media and new technologies. Thus, in May 1998 the European Council adopted a recommendation on the protection of minors and human dignity in audiovisual and information services, and an action plan intended to promote safe use of the Internet is currently in the process of being adopted. 1. 4. Violence against women On the eve of the millennium, violence against 1. 4. 1. women is still a worldwide phenomenon. One woman in two encounters sex-specific violence at least once in her lifetime. As we shall demonstrate below, sex-specific violence takes many forms. It is disappointing that programmes against sex-specific violence remain necessary despite all the attention and activity which has been devoted to this question. Such programmes are of undoubted importance. 14. 7. 1999 EN Official Journal of the European Communities C 198/63 1. 4. 2. inflicted on them on the basis of sex differences. Violence against women is defined as all violence 1. 5. International and European context This includes sexual violence, defined as follows (1): 1. 4. 3. any interaction in which someone is forced to tolerate a sexual approach or to perform or submit to sexual acts. This also includes enforced prostitution and trafficking in women with the aim of sexual exploitation. Sex-specific violence also includes violence in the 1. 4. 4. home, defined as follows: threatening behaviour with actual use of physical and psychological violence within the home, by the male against the female (ex)-partner (2). 1. 5. 1. Apart from the declarations mentioned above, and agreements specified as background to the Daphne Pro- gramme, we would draw attention to two international conventions which explicitly deal with equality between men and women. The international (UN) convention against sex discrimination deals extensively with sex-specific violence. It includes recommendations for adequate legislative measures, policy, and countering customs which encourage violence against women. There must also be provision for victims. The measures must not be directed solely at governments but must also relate to individuals, organizations and firms (5). 1. 4. 5. We share the view that within the category of women, vulnerable groups such as the handicapped, min- orities, migrants and prisoners run a greater risk of violence. 1. 5. 2. The Treaty of Amsterdam includes the definitive statement that ‘gender equality is a fundamental principle of the European Community’ (6). 1. 4. 6. Sex-specific violence against women leads to per- sonal distress and injury. Moreover, violence against women is costly for society. According to a Dutch survey, the costs of serious to very serious domestic violence affecting about 50 000 women came to 332,6 million Dutch guilders per year. This would include legal and police costs, medical costs, psychosocial help and social security costs (3). Prevention and reporting of violence against women and children is necessary and possible at an early stage. An important precondition is to establish an approachable reporting point. Accessibility to this reporting point for women must be guaranteed regardless of their ethnic background, culture or nationality, Community or otherwise. Thus the Treaty implicitly comes out against the 1. 5. 3. effects of discrimination such as violence against women as a consequence of sex differences. The intention is that the Treaty should be implemented both through legislation and through action programmes. The Daphne Programme is an elaboration of an action programme on violence against children, young people and women. The contents of the programme are based on the definitions in the UN convention, and the ‘gender equality’ starting point is taken from the Treaty of Amsterdam. 1. 4. 7. Another requirement is that officials who frequently have dealings with residents, such as the basic social services, should be expert in the early detection of signs of violence in and around the home. 1. 6. The European Union’s response 1. 4. 8. Comparative research has recently been carried out in England, the Netherlands and elsewhere into the form and extent of violence against women. One of the conclusions of this research is that hidden violence forms a large part of the total percentage (4). Violence against women is mostly dom- estic and thus escapes observation. The perpetrators are often known to the victims. This affects the victim’s willingness to make a statement. Surveys of victims show that violence against women and children is proportionally the most common form of crime. These offences are not reflected in the crime statistics. 1. 6. 1. In the past the European Parliament has repeatedly given its views on subjects related to sexual violence. When it is a question of influencing national legislation and setting priorities in the policy for bringing offenders to justice, the Committee of the Regions feels that the Council and the Commission could follow an active, transparent policy com- bining the elimination of sex-specific violence with concern for increasing women’s safety. Following on from this, the proposed Daphne Programme is an effective instrument to combat sex-specific violence. In support of regional and local policy on violence against women, our comments should be taken into account in the objectives and implementation of the programme. (1) Cf. Bolan, 1988. (2) J. Korf et. al. , Economic costs of domestic violence against women, Stichting Vrouwenopvang, Utrecht, 1997. (3) J. Korf et. al. , op. cit. , pp. 71 ff. (4) T. Van Dijk et. al. , Huiselijk Geweld, aard, omvang en hulpverle- ning, Ministry of Justice, 1997. (5) Het Vrouwenverdrag in Nederland anno 1997, Report by the Groenman committee, VUGA, The Hague, 1997, p. 125. (6) R. Keith, EU equality policies post-Amsterdam, European Infor- mation Service Issue 191, July 1998. C 198/64 EN Official Journal of the European Communities 14. 7. 1999 2. Specific comments Creation of the Daphne Programme 2. 1. The programme’s objectives 2. 1. 1. The Daphne initiative has been included in the European Parliament’s 1997 budget, with a view to funding actions to combat violence inflicted inter alia on children, young people and women. 2. 1. 2. The Committee of the Regions takes the view that what is required to combat violence against children, young people and women is above all working closely with the people involved and finding responses which match the socio-cultural diversity found in the various countries of the European Union. Because of their familiarity with the local scene, regional and local authorities are actively involved in this task both in rural and urban areas. level; local and regional 2. 1. 3. In this connection it is clear that the actions must be the added value carried out at which the European Union can provide here is in terms of coordination, cooperation and exchange of information between the different projects so that those working in the field and the public authorities can take advantage of the differing experience acquired while still pursuing the joint objective of the programme. Regional and local authorities, which are concerned with child protection on a daily basis, should also be involved in actions carried out under the Daphne programme. 2. 1. 4. The Committee also stresses the need for the actions under the Daphne Programme to be promoted and implement- ed in cooperation with regional and local bodies and auth- orities, which are the institutions closest to the citizen and which already provide a wide range of community measures and services to prevent weaker families and individuals suffer- ing hardship. 2. 1. 5. This programme is in line with the above since its primary objective is to assist and encourage NGOs and charitable organizations which are active in combating viol- ence. Indeed, the Committee of the Regions feels that the experience acquired by these organizations in this field makes them fundamental and indispensable links. The Committee of the Regions would therefore 2. 1. 6. favour inclusion in the programme of a range of actions designed to promote the establishment of networks, the exchange of information, coordination and cooperation at Community level. Some authorities for example have already installed telephone help lines to ensure that victims of mistreatment receive more rapid assistance. Since each individ- ual case necessitates a specific response, the Committee of the Regions considers that the daily work of the counsellors concerned might be made easier if they had access to a network recording all the different practices in the Member States. 2. 1. 7. Organizations composed of professionals and volun- teers which play a part in preventing and combating violence against women often work at local and regional level. In many cases these organizations have sought to cooperate with local and regional authorities. This can give good results and the COR, therefore, calls for projects involving such cooperation to be encouraged and supported in this field. Such cooperation can be of a policy and/or financial nature and the organizations are often entrusted with services and activities promoted by the local authorities. In this context it is essential that local government have permanent departments for women and minors providing the basic social services. 2. 1. 8. The Daphne Programme’s aim to stimulate data exchange and cooperation, as well as dissemination and exchange of successful approaches, is supported by the Committee of the Regions. The Committee notes that a direct approach to the violence problem should be applied on the spot. 2. 1. 9. It seems from experience that the local and regional level inclines towards a preventive, pro-active approach to combating violence against women. Shelter for victims is also increasingly provided in a local and regional context. Information exchange should also be focused on local and regional cooperative associations and local and regional activi- ties. In our view the emphasis in the Daphne Programme 2. 1. 10. should be placed mainly on the exchange of successful projects and activities to combat violence against women, and on initiating and supporting networks for those affected. Up-to-date information on research into the form, 2. 1. 11. frequency and consequences of sex-specific violence is important for an effective approach to the problem. However, too much emphasis on research could detract from support for a practical, purposeful approach to sex-specific violence. 2. 1. 12. Publicity campaigns work best on a national or European scale. The main function of such campaigns is to set the agenda of a subject. In view of earlier experience with a publicity campaign on sexual violence, such an approach should not arouse excessive expectations in terms of infor- mation and raising awareness. 2. 1. 13. We think it important for the programme also to devote attention to specialist training of intermediaries and counsellors, e. g. those working with housing associations and social services, doctors and police in the field of violence against women. The presence of experts in this field can provide a timely warning. 14. 7. 1999 EN Official Journal of the European Communities C 198/65 2. 1. 14. Violence against women is among other things a consequence of the unequal balance of power between women and men. It is therefore important to develop preventive and remedial programmes which investigate the motives of (potential) perpetrators of violence against women. — Following up the implementation of the projects approved; — Evaluating the projects implemented. 2. 2. The programme’s budget (Article 3) The COR stresses that the budgetary arrangements 2. 2. 1. of the programme should be more clearly defined. It calls for a budgetary breakdown giving a more detailed account of the funding requirements of the actions involved. 2. 2. 2. Reading the communication, the Committee of the Regions noted that the programme is a response to very high expectations on the part of the NGOs active in combating violence and mistreatment. Thus, 428 projects involving requests for subsidies amounting to ECU 35 million were submitted in 1997 under the ad hoc budgetary heading. The Committee therefore regrets that funding for the 2. 2. 3. programme amounts to only ECU 25 million over five years, particularly since the programme will be open to the 11 applicant countries as well as the 15 current Member States. Structure of the programme 2. 3. Implementation (Article 2) 2. 3. 1. The Committee of the Regions is pleased to note that the actions envisaged in the programme will be implemented in close cooperation with Member States, with the institutions and with organizations which are active in the field. This is completely consistent with the philosophy behind the actions envisaged in Article 1 of the programme. 2. 3. 2. In this context the Committee would stress the important role which the local and regional authorities can have in this field, given that some of them have institutional powers in the matter, and that they are closer to the real on-the-spot conditions, thanks to their prevention and guidance activities and their assistance to children and families at risk. The regions could enjoy important responsibilities for cooperating with the Commission through the advisory Committee outlined in §2. 5 of this present Opinion, during the various stages of implementation: — Requesting, for example, accreditation for bodies with a public, proven track record of commitment to safeguarding the human rights of minors and women; 2. 3. 3. The COR welcomes the reference made to the need to promote cooperation between NGOs and local and regional authorities in this area in the ninth recital of the European Commission’s amended proposal (17 February 1999), as put forward by the European Parliament in its draft report on the subject. However, it regrets that this emphasis is not reiterated in Article 2 of the draft decision. 2. 4. Consistency and complementarity (Article 4) 2. 4. 1. The Committee of the Regions would like to stress the concern for coordination and complementarity, both the various actions under the in the implementation of programmes and with the actions under other relevant Com- munity programmes and measures. This applies in particular to actions which could be taken under the action plan to promote the safe use of the Internet, and more particularly the action to set up a European network of ‘hot-lines’. 2. 5. Advisory Committee (Articles 4 and 6) 2. 5. 1. The Committee of the Regions considers that Mem- ber States’ participation in the process of selection, funding, the programme is a logical follow-up and evaluation of consequence of the philosophy of Article 2(1) of the draft decision. 2. 5. 2. Although there are other mechanisms which ensure greater involvement of the Member States in the process of implementing the programme, the Committee can endorse the use of a purely advisory committee to the extent that the programme aims above all to provide support for actions already in progress in the Member States. 2. 6. International cooperation (Article 7) 2. 6. 1. The COR welcomes the Commission’s intention to strengthen cooperation with third countries and with international organizations competent in the field of public health. It also welcomes the opening of the programme to the associated countries of central and eastern Europe, Cyprus and the EFTA countries, though it reiterates its concern over the necessary budgetary provision to accommodate this opening, as indicated in point 2. 2. — Assessing applications, contacting the programmes that best correspond to the social reality of the area in which they are to be implemented; The COR in particular stresses that an international 2. 6. 2. approach should be adopted with regard to trafficking in women. C 198/66 EN Official Journal of the European Communities 14. 7. 1999 2. 7. Follow-up and evaluation (Article 8 ) There should also be separate projects to assist those accused of violent crimes against women. The COR underlines the importance of effective 2. 7. 1. monitoring and implementation of the programme and stresses the need to involve all relevant actors in the evaluation process, including local and regional authorities whose com- petent services will be involved in implementing the action lines. 3. General comments 3. 1. Measures specific to children, intended to strengthen protection of children against violence The Committee of the Regions supports the proposal 3. 1. 1. to instruct Eurostat the non- to collect and analyse all confidential statistics relating to sexual abuse, abandonment and exploitation of children and sexual violence against them in the Member States, and in the eleven applicant countries which are also beneficiaries of the Daphne programme, and the proposal to recommend to Member States that they make the best possible use of Europol resources, both to search for missing children and for legal action to be taken against the offenders or networks of offenders concerned. 3. 1. 2. and police cooperation as envisaged under the ‘third pillar’. These proposals are in line with increased judicial 3. 1. 3. These measures, which mainly concern missing children or sexually exploited children, must not be allowed to disguise the fact that most mistreatment occurs in the family context. 3. 1. 4. phenomenon, but it is far more common in our society. It is true that less media attention is devoted to this 3. 1. 5. political society has become aware of these problems. It is only quite recently that the whole of civil and 3. 1. 6. The Committee of the Regions suggests that practical actions to prevent mistreatment within the family should also be supported, taking account of the experience of many charitable organizations working in the field without publicity for many years. 3. 2. Specific measures regarding women Recommendations Given the nature of violence against women (often 3. 2. 1. in domestic situations and perpetrated by someone they know), notification, prevention and shelter is needed at district and municipal level. We therefore make the following recommendations. The police should give more priority in their investigation policy to identifying those who use violence against women and children. The prosecution service should issue instructions on this policy. 1. 2. 3. intensify research into the effectiveness of measures above all at local and regional levels; investigate the possibilities in areas of policy and existing institutions which are best suited to deal with the problem of violence against women, involving a mass media awareness campaign; shift the emphasis in the programme to concentrate less on research and more on innovative and successful projects; 4. devote attention not only to victims but also to per- petrators of violence against women. In this respect, it is worth highlighting the contents of the report from the European Parliament Committee on Women’s Rights on the need for an EU-wide campaign on zero tolerance of violence against women. It is also necessary to consider that the Commission propose the organization of information campaigns and training and education programmes for children on the effects of violence; 5. obtain more information on the costs linked with violence against women in the various European countries. 3. 2. 2. illustrate these recommendations: Some examples (1) of regional and local initiatives to Local policy on safety provides a starting point for a preventive, notifying policy towards sex-specific violence. Violence against women is not just a question of social assistance. In one locality the local authority has set up a project group on violence in the family. Participants include the local authority’s safety office, a foundation providing shelter for women and the relevant national ministry. The workgroup has drawn up an implementation plan with four objectives: improving registration, assistance, notification and criminal proceedings. The plans are currently being implemented. 3. 2. 3. In one region, eight municipalities have decided to set up local networks to deal with violence against women. These networks operate as a multi-disciplinary team. Action can be taken quickly and professionally on cases of sex-specific violence against women. 3. 2. 4. In one local police force, staff members have set up — on their own initiative — a network for those affected by domestic violence. Both police officers and social workers belong to it. The network’s aims are to exchange experience, increase specialized knowledge in this field and improve practical police care. (1) Because of time constraints we have only Dutch examples at the moment. 14. 7. 1999 EN Official Journal of the European Communities C 198/67 4 Conclusions The Committee of the Regions is pleased at the political 4. 1. response provided by the Commission Communication and the draft Council decision aimed at setting up a Community action programme in the field of violence against children, young persons and women, since this is an extremely wide- spread and important problem which constitutes a gross violation of fundamental human rights. 4. 2. Since combating violence against children, young persons and women requires above all work on the spot and local and regional responses, the Committee takes the view that the programme will contribute a European added value by establishing and strengthening cooperation and coordination measures and exchanges of information between the various experiments in the field. 4. 3. It notes that the programme is a response to very high expectations on the part of the NGOs which are active in combating abuse. For this reason, it regrets that the funding for the programme is only ECU 25 million spread over five years. It welcomes the Commission’s concern to implement 4. 4. the actions of the programme in close cooperation both with the Member States and candidate countries and with the institutions and the organizations who are active in this field. In this context, it stresses the importance of the institutional role which the regional and local authorities can play. Brussels, 11 March 1999. 4. 5. It supports the proposal to instruct Eurostat to collect and analyse all the non-confidential statistics relating to sexual exploitation of children and sexual violence against them in the Member States, and the proposal to recommend to Member States that they make the most of Europol resources. 4. 6. It also suggests that attention should continue to focus on the whole aspect of mistreatment within the family — a phenomenon which has remained too long a taboo, to the detriment of children’s welfare. To this end, the Committee of the Regions also thinks it necessary to support all assistance and prevention actions related to mistreatment of children within the family. 4. 7. The COR notes the recent decision of the European Commission to change the legal base of the draft decision of the Daphne programme from Article 235 to Article 129 (public health). It calls on the European Commission, in this respect, to explicitly mention in the recitals to the draft decision that the definition of public health is given a wide interpretation, in the light of the new provisions under the Amsterdam Treaty, so that actions to prevent all forms of violence against women, young persons and children affecting their physical, emotional or mental health are covered under the programme. 4. 8. In the COR’s view it must be clearly set out therefore that the Daphne programme aims to cover the prevention of violence including physical, sexual and psychological violence and that actions concerning the prevention of sexual harass- ment, sexual exploitation, sexual trafficking and abandonment of children are not in any way excluded from the scope of the programme. The President of the Committee of the Regions Manfred DAMMEYER