EU agrees on bloc’s first-ever law to combat violence against women

EU member states and the European Parliament have reached consensus on the bloc’s first legislation aimed at combating violence against women. However, a crucial aspect was lacking in the final text – the incorporation of a unified definition of rape.

After months of rigorous negotiations, the EU has finalized its legislation addressing violence against women and girls. This comprehensive directive endeavours to standardize legal definitions and establish minimum prison sentences for offenders across the entire EU.

The legislation aims to safeguard women in the 27-nation EU from gender-based violence, forced marriages, female genital mutilation, and online harassment. The text criminalizes activities such as cyber-stalking, cyber-harassment, and cyber-incitement to hatred or violence throughout the Union.

Initially proposed by the European Commission on March 8, 2022, to commemorate International Women’s Day, the recent agreement lacks a shared definition of rape, a contentious issue in the negotiations.

Negotiations on what “rape” means were difficult

Negotiations faced a setback due to a dispute over the definition of rape. Despite calls from many, the effort to incorporate a shared definition of rape was thwarted by several EU countries, including France, Germany, Austria, and the Netherlands. These nations cited technical-legal reasons and contended that rape is not a “European crime,” a position supported by other traditionally conservative countries such as Poland, Hungary, Malta, the Czech Republic, Estonia, Bulgaria, and Slovakia.

In contrast, the European Parliament and at least a dozen EU countries, including Belgium, Greece, Italy, and Spain, advocated for a definition of rape based on the absence of explicit consent. Four Spanish MEPs played a role in the European Parliament’s negotiating team, with three stressing the need to align European legislation with standards observed in countries like Spain.

Opposing states argued that the EU lacked competence in defining rape, and critics contended that there was no legal basis for a standardized regulation in European law. Consequently, the law does not include an article defining rape. Germany and France expressed concern that including a definition could lead to its overturning by an EU court following a legal challenge.

The absence of a rape definition caused controversy in France, especially as President Emmanuel Macron had highlighted addressing violence against women as a priority in his second term.

Although the finalized text lacks a definition of rape, member states aim to emphasize that non-consensual sex is considered a criminal offense, according to a statement from the European Parliament. The European Commission is tasked with reporting every five years on whether the rules need updating.

Directive based on the Istanbul Convention

Věra Jourová, Vice-President for Values and Transparency at the European Commission, declared that the newly established directive serves as a replacement for the Istanbul Convention in a certain manner: “We have never had such a directive on violence against women. It is also a response to the fact that not all EU countries have ratified the Istanbul Convention, which I have been counting on for years as a safeguard against violence targeting women and domestic violence,” stated Jourová.

The Istanbul Convention recognizes violence against women as a violation of human rights and a form of discrimination against women. Signatory countries commit to enacting legislative and other measures to establish a legal, institutional, and organizational framework for preventing violence against women, protecting victims, and punishing perpetrators.

Apart from the Czech Republic, other countries yet to ratify the Istanbul Convention include Bulgaria, Hungary, Latvia, Lithuania, and Slovakia. In contrast, the non-EU member Bosnia and Herzegovina ratified the Istanbul Convention in 2013, thus making gender-based violence punishable by law in the country.

Violence against women persists across Europe

Despite commitments to enforce the Istanbul Convention, Bosnia and Herzegovina has witnessed a surge in the frequency of women’s murders over the past year. The latest incident in the northern part of the country prompted thousands of citizens to participate in a peaceful protest walk, leading to the declaration of a day of mourning. The public outcry intensified after a triple murder in August, where the perpetrator killed his wife in a live social media broadcast and claimed to have killed two others in another video.

The issue of violence against women and domestic violence persists throughout Europe. Often, the violence is a systemic problem deeply rooted in social structures, often reflecting the failure of protection systems intended to ensure the security and integrity of a significant portion of the population.

In Slovenia, recent data reveals that women are three times more likely than men to be victims of violence in intimate relationships, and they are more prone to serious forms of violence. The Slovenian police annually handle over 1,000 cases of crimes involving elements of domestic violence, with over 90% of the perpetrators being male, predominantly victimizing women and children.

Eurostat data show that 21% of women in Bulgaria who have had a relationship have experienced intimate partner violence. There were more than 20 women killed by men in Bulgaria in 2023, with nearly 1,400 registered cases of domestic violence.

To come into force, the EU directive on violence against women still requires approval from member state ministers and passage by the European Parliament plenary, but it is expected to proceed smoothly. Commission Vice-President Věra Jourová anticipates the directive’s final adoption by the end of April.