“Today is not an end but a beginning. This directive is a turning point. But it is an unfinished task,” the Irish MP admitted this Tuesday. Frances Fitzgerald After the completion of the “interim agreement” between European Parliament and Council About the first directive calling for legislation in EU history violence against women and domestic violence.
Despite political pressure, the majority of Member States did not capitulate and the agreed text, although it included; significant advances Fighting and protecting victims, Does not contain a definition of consensual rape.
First legislation against gender violence enters EU but will be less ambitious than European Parliament wants
The European Parliament’s intention was that the new European directive, proposed by Brussels almost two years ago, would emulate the Spanish ‘yes, yes’ law and classify non-consensual sexual intercourse as an EU-wide crime. Strong opposition came from countries such as. Germany, France or Hungaryprevented this, among others.
Countries including Germany, France and Hungary blocked an attempt to imitate Spain’s ‘yes is yes’ law
“There are 13 Member States that have joined and want to join (including the EU-wide criminalization of non-consent), but it has not been possible to achieve a qualified majority in the Council,” said Fitzgerald. members have undertaken to implement it. Istanbul Convention This is where the issue of consent arises.
Agreement does not include criminalization of non-consensual sexual intercourse
“This is a mission we must continue to fight for,” the Swede added. Home Fig, was disappointed that European governments presented so many barriers and prevented the inclusion of the crime of non-consensual sex, which was the most controversial element from the beginning. “The council did not want to include rape as a criminal offence, so we leave it to the women of tomorrow to achieve what we have failed to achieve. I believe they will find a more feminist world,” the Spanish MP said. María Eugenia Rodríguez Palop.
Council’s legal doubts
Brussels included the idea in its initial proposal, but the Twenty-Seven chose to leave it out in the consensus they agreed before the summer; The majority of countries claimed that there was no legal basis for doing so. Diplomatic sources explain: “In the absence of an EU definition and recognition of rape as a crime at the European level, the Council’s legal service has advised that this could pose a risk.”
Yes, there is a commitment from governments to “work for a culture of consent”.
Including rape for months “Red line” On behalf of the European Parliament. However, time was against them as the deadline for corporate agreements expired in the coming days. Finally, to prevent the regulations from going to waste, and before they could be approved by the legislature, MEPs had no choice but to give in and agree to include consent in the prevention and protection part. government commitment Stating that it is necessary to “work for a culture of consent”, İncir emphasized that the norm will be reviewed within 5 years.
Significant advances
Despite this setback, the regulations currently require formal approval by the Council and the European Parliament. minimum standards Relates to the definition of certain criminal offences. For example, for the first time in the EU female genital mutilationHE forced marriageHE Sharing intimate images without consentHE cyber bullying And cyber incitement to hatred or violence. “It is a major step forward to better protect women and girls from violence at home, at work, on the street, offline or online,” said the Belgian Secretary of State for Equality. Marie Colline Leroy.
Female genital mutilation, forced marriage or cyberbullying are criminalized in the EU for the first time
The standard also introduces aggravating circumstances such as repeated violence against women, committing an act of violence against a defenseless person or child, and using excessive levels of violence. The intention to punish victims for their sexual orientation, gender, skin colour, religion, social origin or political beliefs and the intention to preserve or restore “honour” will also be considered aggravating factors.
on the subjects protection of victimsThe Regulation requires Member States to provide accessible and easy-to-use reporting channels, including at least the ability to report online and provide evidence online, in the case of cybercrime. Additionally, where victims are minors, countries will need to ensure that they receive assistance from professionals trained to work with minors, and if the act of violence involves a person with parental authority, the complaint should not depend on that person’s consent. They will also have to guarantee restraining orders, protection in case of risk and telephone helplines available 24 hours a day.