On Tuesday 8 March the European Commission adopted a proposal for a directive providing for EU-wide rules to combat violence against women and domestic violence.
The Commission proposes to enshrine in Community law minimum standards to criminalise certain forms of violence against women, protect victims and facilitate their access to justice.
The Vice-President for Values and Transparency, Věra Jourová, told the press that she had long argued for complementary texts, as the Istanbul Convention had not been ratified by all EU Member States. It will also be a more modern text, including issues of cyber-violence, Jourová added.
The European Commissioner recalled that violence against women had increased significantly during the Covid-19 pandemic. “One in three women in Europe is exposed to violence and sexual harassment and one in 20 women has been raped”, she said, stressing the need to “punish those who attack women through digital means”.
“Rape is being used as a weapon of war”, said Helena Dalli, EU Commissioner for Equality.
The Commission proposes in this text to criminalise throughout the EU: rape as an act of (sexual) penetration without consent, female genital mutilation, online stalking, non-consensual sharing of intimate images, cyber-bullying and incitement to violence or hatred online.
The proposal complements the Digital Services Act by making it operational through the definition of illegal online content related to cyber-violence. It will also allow for the rapid initiation of legal proceedings to have relevant online content removed without delay.
As regards sanctions, the Commission proposes to provide at least the following maximum prison sentences for the respective offences (maximum minimum sentences): - rape: 8 years; - female genital mutilation: 5 years; - cyberbullying: 2 years; - non-consensual sharing of intimate images and cyberbullying: 1 year; - cyber incitement to hatred or violence based on sex or gender: 2 years.
The proposal also introduces child rape as an aggravating circumstance for a maximum prison sentence of at least 12 years.
The proposal aims to combat the persistent under-reporting of violence against women. It introduces new ways of reporting violence that are safer and more accessible - including online - taking into account the gender of the victims and, where appropriate, the fact that they are children.
Health professionals or psychiatrists would no longer be hampered by confidentiality rules when they have to report any reasonable suspicion of imminent risk of significant physical harm. Authorities would also be required to carry out an individualised risk assessment when the victim first contacts them in order to assess the risk posed by the offender. On this basis, they should provide immediate protection through emergency prohibition orders or protection orders.
Victims would have the right to claim full compensation from the perpetrators for the harm suffered, including the costs of health care and support services as well as compensation for loss of income and physical and psychological harm. They should also be able to obtain compensation during the criminal proceedings.
Women fleeing armed conflict should receive targeted support from Member States.
A free national helpline for women victims of violence and victims of domestic violence should be available 24 hours a day, seven days a week, all year round.
Link to the proposal: https://aeur.eu/f/nb (Original version in French by Lionel Changeur)