At the start of 2024, the fight against gender-based violence, particularly against women and domestic violence, is emerging as a key debate on the European fundamental rights agenda.
The Belgian Presidency of the EU Council is committed to finalising a major directive (see EUROPE 13320/5), which was proposed on 8 March 2022 and is currently in the interinstitutional negotiation phase (see EUROPE 13313/14). This directive aims to standardise legislation within the European Union to strengthen protection and facilitate access to justice for women in all Member States. The directive also proposes to combat female genital mutilation and certain specific forms of cyber-violence, and to introduce safer, gender-sensitive reporting procedures.
One of the key measures in the text is the criminalisation of rape based on the absence of consent, a proposal that differs from the current laws of 18 Member States where proof of force or threat is required.
The European Parliament supports the inclusion of rape in the directive, stressing that all women in the EU should enjoy equal protection, regardless of their country of residence. However, the EU Council rejected this proposal, citing a lack of legal basis and an overly broad interpretation of Article 83 of TFEU.
In the run-up to the European elections in 2024, these discussions and the polarisation of public opinion on gender-based violence could influence the political landscape. The European Commission aspires to a progressive position, while seeking a consensus between the various points of view.
The need to conclude the directive quickly is recognised by all parties. But if no agreement is reached before the end of the mandate, the future Hungarian and Polish Presidencies could abandon it, which raises the question of whether to adopt a potentially weakened directive in order to meet the deadlines, or to risk deadlock in the name of stronger principles. (Original version in French by Nithya Paquiry)