Rdownsized and weakened: this is how the European directive aimed at combating violence against women emerged after the last round of negotiations compared to the text launched in 2022 by the Commission. The negotiators of Advise he was born in European Parliament they reached an agreement, but for many it is a wasted opportunity.
Rape and consent: the European failure on the directive
After difficult negotiations in fact, it has not been achieved between the States to define rape as a crime at European level. Which would have made the EU legally competent to deal with these cases. And this is because some states have resisted establishing that rape is «any relationship that is without consent». The only thing Member States will have to do is raise public awareness of the fact that non-consensual sex is a crime.
What does the provision provide?
The text, however, provides for stricter rules on cyber violence and better support for victims. A longer list of aggravating circumstances, rules against genital mutilation and forced marriages, better access to justice, protection and prevention. Furthermore, procedures for the safety and health of victims will be improvedtaking into account cross-sectoral discrimination and access to healthcare, including sexual and reproductive healthcare services, and improved reporting and evidence-gathering by authorities.
The EU directive on the crime of rape has divided the 27 countries and so sex without consent will be considered rape, but not a European crime (Photo by Simona Granati – Corbis/Corbis via Getty Images)
A wasted opportunity
The EPP rapporteur Frances Fitzgerald he underlined that however «it is not the end of this campaign, but only the beginning. There struggle continues”. Evin IncirS&D rapporteur for the European Chamber, however, said she was «very much disappointed by the fact that some States members have chosen to stay with wrong part of the story and to block the inclusion of consent-based rape legislation.”
Sad day for gender politics
Very harsh judgment even what Pina Picierno of the Democratic Party and vice-president of the EP: «It is a sad day for gender policies and rights. The overall structure of the European directive against violence against women is disappointing and does not capture the substantial points that would have allowed effective advancement of protections for women. And online violence crimes are also reduced, because they will only be considered as such when they cause serious damage to the victim. Let’s at least hope that a law can be made in Italy».
Rape and consent: France Germany against
Among the countries that opposed it to consider rape on the Spanish model of “solo sí es sí”, la France because such a definition would have evoked the risk that the text could be annulled by the Court of Justice of the European Union. And also the Germany instead invoking the lack of legal basis. But not only that, because together with them there are thirteen other states that ask for that It is the victims who have to demonstrate the use of force or threat. The position of 13 others, however, including Spain, Belgium, Luxembourg, Sweden and Italy, is in line with the slogan: “No means no”.
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