The European Parliament on Friday 28 October published the study “Legislative frameworks for victims of gender-based violence (including children) in the 27 Member States”. Requested by the European Parliament’s Gender Equality Committee (FEMM) (see EUROPE 13017/28), it aims to evaluate the draft directive to combat violence against women and domestic violence (see EUROPE 12906/14).
Overall, the study finds that the proposed directive addresses a number of shortcomings in current EU legislation. The recommendations in the report are therefore intended to build on, rather than replace, the proposed measures in order to strengthen its impact.
Criminal legal framework. The way in which gender-based violence, including in the digital space, is criminalised varies from country to country. Feminicide, for example, is criminalised in only two Member States, while 13 consider it an aggravating circumstance. The study points out that the directive intends to criminalise cyber harassment, cyber incitement to hatred and the non-consensual sharing of private images, but suggests that the way gender-based violence is viewed across the EU should be standardised, notably by introducing it as a separate category of European crime.
Procedures. Procedures also vary, particularly with regard to the burden of proof, sanctions and the consideration of the presence of violence in child custody decisions. Despite the EU’s limited competence in this area, the study suggests shifting the burden of proof in cases of sexual harassment, as proposed in the Pay Transparency Directive.
Protection and support for victims. The study welcomes the clarification in the proposed directive of the forms of support to be provided to victims and its recognition of particularly vulnerable groups. However, it notes that it does not set targets for the level of performance required.
Prevention. The proposal for a directive includes more specific provisions on awareness-raising on gender-based violence, but does not mention frequencies or resources to be allocated to these actions. The research team believes that the EU should regularly conduct awareness-raising campaigns on gender-based violence, which emphasise that gender equality is a fundamental value of the Union.
Data collection. Despite the promise to harmonise and ensure the collection of data on gender-based violence, the study highlights the need to support Member States in this process.
Resources The proposal for a directive does not include a provision on the resources to be allocated, other than to indicate that they should be sufficient. The researchers thus insist on the need to allocate additional, appropriate and proportionate funds to combat gender-based violence.
See the full study: https://aeur.eu/f/3u3 (Original version in French by Hélène Seynaeve)