Directive on Combating Violence against Women and Domestic Violence

Article 1 Subject matter and scope

The directive establishes minimum rules on criminalizing sexual exploitation and computer crimes, protecting victim rights in criminal proceedings, and supporting prevention. Protections apply to all victims of gender-based violence or domestic violence regardless of their own gender.

Article 2 Definitions

Violence against women includes gender-based acts causing physical, sexual, psychological or economic harm. Domestic violence encompasses such acts within families or between spouses or partners. Victims include anyone directly harmed and children witnessing such violence.

Article 3 Female genital mutilation

Member states must criminalize performing any form of mutilation to female genitalia and coercing or procuring a woman or girl to undergo such mutilation.

Article 4 Forced marriage

Member states must criminalize forcing adults or children into marriage and luring them across borders with the purpose of forcing marriage.

Article 5 Non-consensual sharing of intimate or manipulated material

Member states must criminalize making sexually explicit images or videos publicly accessible without consent where likely to cause serious harm, producing or altering images to falsely depict explicit activities without consent where likely to cause serious harm, and threatening such conduct to coerce someone. The obligation respects fundamental rights to freedom of expression and artistic freedom.

Article 6 Cyber stalking

Requires Member States to make it a criminal offence when someone intentionally and repeatedly or continuously monitors another person using information and communications technology without consent or legal authority, with conduct that is liable to cause significant injury to that person.

Article 7 Cyber harassment

Member states must criminalize repeatedly directing threatening conduct involving criminal threats via technology, likely to cause serious fear for personal or dependant safety; publicly engaging in threatening or insulting conduct via technology likely to cause serious psychological harm; sending unsolicited intimate images via technology likely to cause serious psychological harm; and publicly sharing personal data without consent to incite physical or serious psychological harm.

Article 8 Cyber incitement to violence or hatred

Member states must criminalize intentionally inciting violence or hatred against a group or member defined by gender through public online dissemination. Member states may limit this to conduct that disturbs public order or is threatening, abusive or insulting.

Article 9 Inciting, aiding and abetting and attempt

Member States must make it a criminal offence to incite the violence crimes under Articles 3-6 and Article 7(b). They must also criminalize aiding and abetting for the crimes in Article 3(a) and Articles 4-8, and make attempts to commit the crimes in Articles 3 and 4 punishable offences.

Article 10 Penalties

Member States must impose effective, proportionate and dissuasive penalties for the crimes in Articles 3-9. Offences under Article 3 require a maximum imprisonment of at least five years, Article 4 requires at least three years, and offences under Articles 5-6, Article 7(a)-(b) and (d), and Article 8 require at least one year.

Article 11 Aggravating circumstances

Article 12 Jurisdiction

Each Member State must establish jurisdiction over the violence crimes when the offence occurs partly or wholly in its territory, or when the offender is its national. Member States may extend jurisdiction to crimes committed outside their territory against their nationals or habitual residents, or by habitual residents, and must inform the Commission of such extensions. Jurisdiction over cybercrimes under Articles 5-9 includes offences committed through ICT accessed from their territory regardless of where the service provider is based.

Article 13 Limitation periods

Member States must establish limitation periods enabling investigation, prosecution, trial and adjudication of the violence crimes in Articles 3-9 within sufficient time related to the offence's seriousness. For crimes under Article 3 involving child victims, the limitation period begins when the victim reaches 18 years of age.

Article 14 Reporting of violence against women or domestic violence

Requires Member States to enable victims to report to authorities through accessible, user-friendly, safe and easily available channels, including online reporting for cyber-related crimes, and to submit evidence through such channels in accordance with national procedural rules. Requires Member States to provide legal aid to victims in line with existing law and encourage third parties to report suspected violence in good faith. Requires healthcare professionals to be able to report imminent serious physical harm and other confidentiality-bound professionals to report confirmed serious harm to children.

Article 15 Investigation and prosecution

Member States must ensure investigating and prosecuting persons have adequate expertise and effective tools, particularly for gathering electronic evidence in cybercrimes. Reported violence must be processed and transferred without delay to competent authorities for investigation, prosecution and adoption of protection measures. Upon reasonable suspicion of a crime, authorities must investigate without undue delay, either after complaint or on their own initiative, filing an official record and preserving findings and evidence.

Article 16 Individual assessment to identify victims’ protection needs

Member States must ensure that victims of sexual violence and domestic violence undergo individual assessment at the earliest possible contact with competent authorities to identify protection needs. The assessment focuses on risks from the offender or suspect including repeated violence, bodily or psychological harm, weapons access, co-residence, substance misuse, child abuse, mental health issues, or stalking. Authorities must consider the victim's circumstances including intersectional discrimination, account and assessment, and implement adequate protection measures including barring orders, restraining orders, protection orders, or offender behaviour management.

Article 17 Individual assessment of victims’ support needs

Member States must ensure competent authorities assess victims' individual support needs based on the protection-focused assessment in Article 16, applying the same victim-centred approaches regarding victim circumstances, intersectional discrimination, victim account, collaboration with relevant bodies, and regular review. Dependants' support needs must be assessed unless there are indications they have no specific needs.

Article 18 Referral to support services

Where assessments identify specific needs or the victim requests support, Member States must ensure support services contact victims with due regard for safety and offer support, with possible consent requirement. Competent authorities must respond to protection and support requests without undue delay and in coordinated manner. Child victims can be referred to support services without parental consent if needed, and relevant personal data may be transmitted to support services in confidential manner subject to possible consent requirement.

Article 19 Emergency barring orders, restraining orders and protection orders

Member States must enable competent authorities to issue without undue delay orders in immediate danger situations requiring the offender or suspect to vacate the victim's residence for sufficient time and prohibiting entry, approach within prescribed distance, workplace entry, or any contact with victim or dependants. These orders have immediate effect and do not require victim reporting or assessment completion. Member States must grant power to issue restraining or protection orders providing protection for as long as necessary, with adult victims potentially requiring to request these orders under national law.

Article 20 Protection of victims’ private life

Requires Member States to allow evidence about a victim's past sexual conduct or associated private life matters in criminal proceedings only when such evidence is both relevant and necessary.

Article 21 Guidelines for law enforcement and prosecutorial authorities

Member States may issue gender-sensitive advisory guidelines for competent authorities in violence cases covering proper identification of all violence forms, evidence gathering and preservation, conducting and reviewing assessments, managing barring and protection orders, trauma-informed and gender-sensitive victim treatment, preventing secondary victimisation, addressing intersectional discrimination needs, avoiding gender stereotypes, awareness of victim groups, referral to specialist services, and protecting victim privacy. Guidelines must be reviewed as necessary based on practical application.

Article 22 Role of national bodies, including equality bodies

Member States must designate one or more bodies to publish reports and recommendations on violence against women and domestic violence issues, gather good practices, and exchange information with relevant European bodies including the European Institute for Gender Equality, with possible civil society consultation. These bodies may form part of existing equality bodies.

Article 23 Measures to remove certain online material

Member States must ensure online material referred to in Articles 5(1)(a) and (b), 7 and 8 is promptly removed or access disabled through binding legal orders to hosting service providers or, where removal is infeasible, to relevant intermediary service providers with technical ability. Orders must meet conditions in Regulation (EU) 2022/2065 Article 9(2). Where criminal proceedings terminate without conviction, orders must be discharged.

Article 24 Compensation from offenders

Member States must ensure victims can claim full compensation from offenders for damages from violence against women or domestic violence under national law. Where appropriate, Member States must enable victims to obtain a compensation decision during criminal proceedings.

Article 25 Specialist support to victims

Member States must provide specialist support services available to all victims regardless of formal complaint status, including information and assistance on housing, education, childcare, finance, employment, legal advice, medical and psychological services, cybercrime support, and referrals to women's services and sexual violence centres, with services person-centred, easily accessible in-person, online or through other means, and adequately funded. Member States must coordinate services through co-location, a contact point, or one-stop online access, and must issue guidelines and protocols for healthcare and social professionals on identifying victims and providing appropriate support, including for those facing discrimination based on multiple grounds, with attention to gender, trauma and child concerns. Guidelines for medical services must cover evidence preservation and transmission to forensic centres, and specialist support services must remain operational during crises and be available before, during and after criminal proceedings.

Article 26 Specialist support for victims of sexual violence

Member States must provide easily accessible rape crisis or sexual violence centres with trauma-sensitive support and specialised counselling, ensuring victims can access free medical and forensic examinations through these centres or specialist referrals, with coordination between centres. Child victims must receive child-friendly services. Members must ensure timely access to free sexual and reproductive healthcare services available every day of the week, with sufficient geographical distribution across the Member State, and apply resource and operational continuity requirements from Article 25.

Article 27 Specialist support for victims of female genital mutilation

Member States must provide easily accessible, age-appropriate support to female genital mutilation victims including gynaecological, sexological, psychological and trauma care tailored to their needs, with information on hospital units offering genital and clitoral reconstructive surgery, provided through referral centres or dedicated health centres. Resource, funding and continuity requirements from Articles 25 and 26 apply.

Article 28 Specialist support for victims of sexual harassment at work

Requires Member States to ensure counselling is available to victims and employers when sexual harassment at work amounts to a criminal offence under national law, with information on addressing the harassment and removing the offender from the workplace.

Article 29 Helplines for victims

Member States must provide state-wide telephone helplines free of charge, 24 hours daily and seven days weekly, giving confidential information and advice to victims, with operation by specialist services where appropriate. Member States are encouraged to offer helplines through secure accessible technology and should provide services in languages victims understand via telephone interpreting. Services must be accessible to disabled users in line with electronic communications accessibility requirements and adequately publicised.

Article 30 Shelters and other interim accommodation

Shelters and interim accommodation must specifically address the needs of domestic and sexual violence victims, including those at higher risk, assisting recovery through safe and appropriate living conditions, support service information and referrals. Sufficient provision must be made easily accessible with women-only shelters including space for children, and available to all victims and dependants under 18 regardless of nationality or residence status. Resource and operational continuity requirements from Article 25 apply.

Article 31 Support for child victims

Article 32 Safety of children

Requires authorities to access information about violence involving children to inform assessments of the child's best interests in civil cases. Requires establishing supervised safe contact places where a child can meet a parent with parental access rights who has committed or is suspected of violence, with supervision by trained professionals.

Article 33 Targeted support for victims with intersectional needs and groups at risk

Requires support services with adequate capacity for victims with disabilities and their specific needs. Provides that support services shall include third-country national victims without discrimination, with options for gender-separated detention and accommodation. Requires procedures to address reports of violence in institutions and detention centres swiftly and appropriately.

Article 34 Preventive measures

Requires member states to adopt comprehensive multi-layered prevention through awareness campaigns, education programmes, and publicly accessible information. Requires targeted measures for high-risk groups in child-friendly and accessible formats, addressing gender stereotypes, digital literacy for cyber violence, and sexual harassment at work.

Article 35 Specific measures to prevent rape and to promote the central role of consent in sexual relationships

Requires measures promoting behavioural change based on gender equality, addressing the central role of freely given consent in sexual relationships. Requires awareness campaigns, consent education material adapted to capacity levels, and widespread information on rape prevention.

Article 36 Training and information for professionals

Officials likely to contact victims must receive general and specialist trauma-, gender- and child-sensitive training. Member states must promote training for healthcare, social and educational staff, and human-rights based training for judges and prosecutors in criminal cases; provide specialised training for health professionals on female genital mutilation and for supervisors on recognising sexual harassment at work; and ensure authorities receiving reports take measures to avoid secondary victimisation. Media training to combat stereotypical and victim-blaming portrayals is encouraged.

Article 37 Intervention programmes

Requires establishing targeted programmes to prevent and minimise the risk of violence offending or reoffending, available to persons convicted of such offences and those assessed as at-risk. Requires encouraging rape offenders to participate.

Article 38 Coordinated policies and coordinating body

Requires member states to adopt state-wide comprehensive coordinated policies and designate official bodies to coordinate implementation and monitoring. Requires such bodies to coordinate data collection and analysis at central and regional or local levels.

Article 39 National action plans for preventing and combating violence against women and domestic violence

Member States must adopt national plans by 14 June 2029 in consultation with specialist support services for preventing and combating gender-based violence. These plans may include priorities, actions, objectives, monitoring mechanisms and resource allocation, and must be regularly reviewed and updated to remain relevant.

Article 40 Multi-agency coordination and cooperation

Member States must establish mechanisms ensuring effective coordination and cooperation among law enforcement, judicial authorities, ombudsmen, local and regional authorities, women's specialist support services, NGOs, social services, child protection and welfare authorities, education and healthcare providers, social partners, and other relevant bodies to protect and support victims. These mechanisms must cover individual assessments, protection and support measures, advisory guidelines, and professional training.

Article 41 Cooperation with non-governmental organisations

Member States must cooperate with and regularly consult civil society and NGOs working with victims regarding support provision, policymaking, awareness campaigns, research and education programmes, training, and monitoring of victim protection and support measures.

Article 42 Cooperation between intermediary service providers

Member States must encourage self-regulatory cooperation among intermediary service providers, such as codes of conduct, and raise awareness of self-regulatory measures addressing online material and improving employee training on preventing and supporting victims of the offences covered.

Article 43 Union-level cooperation

Member States must take appropriate action to facilitate cooperation with each other and at Union level by exchanging best practices through established networks and with Union agencies, and where necessary consulting each other on individual cases through Eurojust and the European Judicial Network.

Article 44 Data collection and research

Member States must establish systems to collect, develop, produce and disseminate statistics on violence against women and domestic violence disaggregated by sex, age group and offender characteristics, including reported offences, convictions, killings, shelter capacity and helpline calls. Member States must conduct population-based surveys regularly and transmit data to Eurostat and the European Institute for Gender Equality, which sets common data standards. Statistics must be publicly available without personal data.

Article 45 Reporting and review

Member States must provide information by 14 June 2032 on the Directive's functioning for the Commission's evaluation report to the European Parliament and Council, which must assess whether violence prevention objectives have been achieved and whether the scope needs extension. The Commission must also assess by 14 June 2032 whether further Union measures are necessary for sexual harassment and violence in the workplace.

Article 46 Relationship with other Union acts

This Directive applies alongside specified existing EU directives and regulations on trafficking, child sexual abuse, protection orders, victim rights, and digital services. Prevention, protection and support measures in this Directive supplement those in directives on trafficking, child abuse and victim rights.

Article 47 Freedom of the press and freedom of expression in other media

Provides that the Directive does not affect special liability systems for protecting freedom of the press and freedom of expression in protected media that were in place in Member States on 13 June 2024, provided such systems comply with the Charter.

Article 48 Non-regression clause

Implementing this Directive cannot serve to reduce the level of protection for victims. Member States may establish different legislative or regulatory arrangements in response to changing circumstances, provided they meet the minimum requirements set out in this Directive.

Article 49 Transposition

Member States must adopt the necessary laws, regulations and administrative measures to comply with this Directive and inform the Commission by 14 June 2027. The adopted measures must reference this Directive, and Member States shall transmit the text of their national law measures to the Commission.

Article 50 Entry into force

Article 51 Addressees