MEPs campaign for inclusion of rape in Directive to combat violence against women

The draft Directive to combat gender-based violence continues to generate debate outside the interinstitutional negotiations. In particular, MEPs are calling for rape to be included among the offences listed in the legislation.

Indeed, this is one of the main points of disagreement between the positions of the European Parliament and the Council of the EU, the Member States having withdrawn the provision from their general approach (see EUROPE 13221/26).

“A missed opportunity”

However, Belgium, Luxembourg, Italy and Greece opposed the withdrawal of rape from the Directive (see EUROPE 13198/1). In a letter to French President Emmanuel Macron dated Tuesday 12 September, Nathalie Colin-Oesterlé (EPP, French) urges him to do likewise, or risk turning the legislation into a “missed opportunity”.

In particular, she refutes the EU Council’s argument of a lack of legal basis (see EUROPE 13194/22), pointing out that Article 83(1) of the TFEU includes “the sexual exploitation of women and children”. A legal basis that has also been invoked in the Directive to combat sexual abuse of children, supported by France.

The letter: https://aeur.eu/f/8nn

The Spanish Presidency in favour of inclusion?

The members of the Committee on Gender Equality (FEMM) in turn asked the Spanish Minister for Gender Equality, Irene Montero Gil, about the EU Council Presidency’s intentions regarding the negotiations on Tuesday 19 September.

“It is important for Spain to fight against all forms of violence against women, and this includes of course sexual violence against women”, said Mrs Montero Gil.

She also stated that Spain supports the remarks made by the President of the European Commission, Ursula von der Leyen, in her State of the Union address, namely to incorporate into legislation the criminalisation of rape in the absence of consent (see EUROPE 13249/7).

The next meeting of interinstitutional negotiations will be held on 3 October, in the margins of the plenary session of the European Parliament in Strasbourg. (Original version in French by Hélène Seynaeve)