EUROPE: Protecting the Most Vulnerable

Crime hurts, and the protection of victims from criminality is always a priority in any criminal policy.

The draft agreement which was recently negotiated by the European Parliament and the Council, enables crime victims to be granted a European Protection Order. The European Protection Order will cover victims of gender violence, harassment, attempted murder, abduction and stalking. Once the directive is adopted, member states will have three years to implement it into national law.

Based on this agreement, a victim who has been granted a Protection Order in one EU member state, will be entitled the similar protection when moving to another state. At present, in all EU member states there already are existent procedures, all aimed at protecting victims of gender violence from further crime. Despite that, these same measures do no longer apply if the victim moves to another country.

In Malta, with the amended Domestic Violence Act, the courts were given the tools to impose restraining orders and treatment orders on the perpetrator. In the restraint order, the perpetrator is bound to leave the matrimonial home or refrain from the stalking.

With this new directive, victims who are given a Protection Order in one EU country will be given the same protection without having to go through prolonged court procedures. Coming into contact with the Criminal Justice creates unwanted distress for victims of crime. Being in a foreign country may even be more complex, such as having to deal with the language barrier and different legal systems, adding to more stress.

Additionally, the EU Protection Order will assure that victims get physical, psychological and dignity when moving within Europe. Victims will be then supported and provided with the necessary information about their rights in a manner they can understand and have access to support services. Victims who are most at risk will be identified and protected in criminal proceeding and criminal investigations.

In EU countries, between 40% and 50% of women experience unwanted advances or physical contact even at their workplace. Furthermore, every fifth woman in Europe has been one way or the other subjected to male domestic violence. Women also suffer in times of war and conflicts where they are still being subjected to rape and sexual violence. Such was the case during the Balkan wars where between 1992 and 1995, in Bosnia and Herzegovina, about 20,000 to 50,000 women were raped and abused.

Gender violence, domestic violence, abuse and sexual violence generate devastating pain for its victims and shatter peace of mind. Violence has considerable repercussions for victims leading to health and psychological problems which can last for an extensive period of time. For that reason, it is imperative that victims get immediate psychological help as the trauma can remain with them throughout their lives.

At one point or another in their lives, women have been a target for physical and sexual violence, and most cases of violence can even take place within intimate relationships. In fact, women are more at risk of being victimised by someone they know such as their partners or husbands than by strangers. Violence occurring within the home environment will have a direct effect on the women s' well-being, also affecting their performance at work, increasing the risk of losing their jobs. Even if they manage to leave their homes, women continue to be threatened by their partners, causing them further anguish and suffering.

The economic situation makes it even harder for women with a low income.

Those women who are financially dependent on their husbands or partners are more likely to experience victimisation, and constrained to remain in the abusive situation. They may feel powerless and unable to escape the violent environment and one of the reasons is that they cannot afford alternative accommodation.

Women with disabilities are most vulnerable to ending up as victims of crime and those with intellectual disabilities are four times more at risk of experiencing sexual violence. Most often, the perpetrator may be someone whom they depend on for their daily care and survival. Due to their disability, the possibility of violence being discovered is perceived low by their perpetrators. Most of the victims concerned, do not report the violence because they may be afraid of their attackers or they may have great difficulty in expressing their suffering to others and this will also create problems for police officers who have to take written statements in order to proceed.

Protection of victims of gender-based violence should take into account women's needs and their diversities in a given society. The European Protection Order is conceivably a step forward for ensuring that victims get the protection they really deserve, that their needs are met and the creation of a society which takes a zero tolerance approach to violence.