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Violence against women: European Union countries divided on the definition of rape
Violence against women: European Union countries divided on the definition of rape – (France info)
The definition of rape is debated among EU member states. The European Commission is proposing a law to crack down on violence against women, but rape may not appear in the text.
Will rape feature in the first European directive dedicated to the fight against violence against women? This question is at the heart of a standoff between member states in Brussels, closely scrutinized by feminist associations who fear a missed opportunity.
On March 8, 2022, the decision of the European Commission to harmonize the criminal response in the countries of the European Union to violence committed against women was welcomed by almost everyone, on paper at least. A year and a half later, a dividing line has emerged around the issue of rape, between countries wanting it to be included in the directive – a position defended by the Commission and Parliament – and those who do not. opposing it for legal reasons, at the level of the Council of the EU.
In search of a compromise between Europeans
The first (Italy, Belgium, Greece, etc.) defend the European Commission’s definition of rape based on the absence of consent and appearing in chapter 5 of the draft directive. The latter (France, Poland, Germany, etc.) believe that rape does not fall under the “sexual exploitation of women and children” mentioned in the Treaty on the Functioning of the EU (TFEU) – which lists the areas which may be subject to harmonization in matters of criminal offenses – and therefore does not fall within the competence of the EU.
The time has now come to seek a compromise within the framework of the traditional “trilogues” between the negotiators of the Parliament and the Council, under the mediation of the European Commission.
