The European Union adopts its first legislation against violence towards women. Why rape is missing?
The European Union member states adopted on May 7th the first European legislation aimed at combating violence against women, although the text excludes rape due to a lack of agreement on a common definition, reports AFP.
The directive received the green light from the European Parliament in April. This formal adoption by the EU Council (representing the 27 member states) is the final legislative step.
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The text criminalizes female genital mutilation, forced marriage, the non-consensual dissemination of intimate images and cyber harassment at the European level. It establishes minimum penalties ranging from one to five years in prison, depending on the offense.
The directive includes aggravating circumstances, such as when the victim is a child or a current or former partner, leading to harsher penalties.
It also facilitates the reporting of violence to the competent authorities.
"Violence against women and domestic violence are persistent crimes. This law will ensure that perpetrators are severely punished across the EU and that victims receive all the support they need", commented Belgian Justice Minister Paul Van Tigchelt, whose country holds the presidency of the EU Council.
The text was the subject of intense discussions for several months, particularly regarding the legal definition of rape, which varies across EU countries.
Member states have 3 years to transpose the directive into national legislation
The draft, as presented in March 2022 by the European Commission, included in its Article 5 a definition of rape based on the absence of consent. The European Parliament and countries, such as Belgium, Greece, Italy, Luxembourg and Sweden, were aligned on this definition.
However, around ten other member states, including France, Germany and Hungary, opposed including rape in the legislation, arguing that the EU does not have the competence in this matter and that the text risks being rejected by European courts if challenged.
"We would have liked this directive to be a bit more ambitious", acknowledged Spanish Minister of Equality Ana Redondo, arriving at a meeting in Brussels on May 7th. Nevertheless, she considered the legislation "a good starting point".
Member states will have three years to transpose the directive into their national legislation.
