Legislative proposal on combating violence against women and domestic violence

In “A New Push for European Democracy”

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In her political guidelines, the European Commission President, Ursula von der Leyen, stated that the EU ‘should do all it can to prevent domestic violence, protect victims and punish offenders’. On 8 March 2022, the Commission published its proposal for a directive on combating violence against women and domestic violence, with the aim of closing gaps in protection and access to justice across the EU and to align EU law with international standards such as the Istanbul Convention. Specifically, the proposed directive would:

  • criminalise rape based on lack of consent (13 Member States currently require the use of  force or threats for it to be punishable), female genital mutilation (FGM) and specific forms of cyber violence (non-consensual sharing of intimate and manipulated material, cyber-stalking, cyber harassment, cyber incitement to violence or hatred based on victim's sex or gender by means of information and communication technologies);
  • tackle under-reporting of violence against women and domestic violence by introducing safer, more gender-sensitive procedures for reporting and individual risk assessments for victims;
  • require Member States to provide dedicated services to address the specific needs of victims of sexual violence;
  • improve coordination and cooperation between the Member States.

The proposal was included as a priority in the Commission's work programme for 2023.

On 13 July 2022, the European Economic and Social Committee adopted an Opinion on the Commission proposal, welcoming the measures. It recommends that the Directive should set out a definition of gender-based violence and be extended to further forms of GBV (including amongst others: institutional violence, sexual and reproductive exploitation, harassment at work, gender-based violence occurring in the family, chemical submission, street harassment, gender and/or sex-based sexual harassment and forced sterilisation of women with disabilities).

In the Council, the file was considered by the Working Party on Judicial Cooperation in Criminal Matters (COPEN), which held nine meetings towards a first reading position by October 2022. COPEN asked the opinion of the Council's legal service, which was presented to it in November 2022. Following further seven COPEN meetings starting in January 2023, the presidency was able to secure a difficult compromise in May 2023 at technical level. The ‘Justice and Home Affairs’ Council adopted Council's 'general approach' text on 9 June. Several countries issued however statements to express their reservations. Most important amendment included in the Council position referred to the deletion of the provisions relating to a EU-wide definition of rape due to the lack of a sufficient legal basis.

Parliament has consistently taken a strong stance on the issue of violence against women and has repeatedly asked the Commission to propose a comprehensive EU directive on the issue. The Commission’s 2022 proposal for a directive on violence against women and domestic violence was referred to Parliament’s Committee on Women's Rights and Gender Equality (FEMM) and Committee on Civil Liberties, Justice and Home Affairs (LIBE) (joint responsibility under Rule 58 of the Rules of Procedure). The two co-rapporteurs are Frances Fitzgerald (Ireland, EPP) for FEMM and Evin Incir (Sweden, S&D), for LIBE. On 12 January 2023, the FEMM Committee jointly with the LIBE Committee debated the draft report proposed by the two rapporteurs. On 28 June 2023, the two committees adopted their final report with a large majority. The July 2023 Plenary Session confirmed the decision to go into inter-institutional negotiations based on this report. In opposition to the Council, the Parliament retained rape as a crime to be defined at EU level and added further crimes such as sexual assault, intersex genital mutilation, forced sterilisation, forced marriage, sexual harassment in the world of work and the unsolicited receipt of sexually explicit material. It also broadened the definition of non-consensual acts.

After several rounds of inter-institutional negotiations, a political agreement was reached on 6 February 2024. The Parliament and the Council agreed to drop rape from the list of crimes defined at EU level, but other important Parliament's proposals were retained, such as the criminalisation of forced marriage and of cyberflashing, an extended list of aggravating circumstances (such as for crimes committed against public representatives, journalists and human rights defenders, and for 'honour crimes'), and the possibility to review the act after 5 years. The agreement adds an obligation for Member States to implement rape prevention measures and to raise awareness on the central role of consent in sexual relationships. It incorporates Council's amendment that online stalking, cyber-harassment and the non-consensual sharing of intimate images online should only become a criminal offence across EU where such conduct is likely to cause serious harm or psychological harm or to make the victims fear for their safety. Moreover, it provides that safety and medical procedures and support for victims should take into account intersectional discrimination, as wished for by the Parliament.

On 15 February 2024, in a joint meeting, EMPL and FEMM committees endorsed the negotiated text. The last Plenary of the term (April II 2024) adopted it with a substantial majority (522 votes in favour, 27 against, and 72 abstentions). The Council approved the text on 7 May 2024 and the act was signed by EP and Council presidents on 14 May.

References

Further reading

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Author: Ionel Zamfir; Members' Research Service, legislative-train@europarl.europa.eu

Read more on the Parliaments' fight for gender equality in the EU

As of 15/12/2024.