On 16 September 2021, the European Parliament voted to tackle all forms of violence and discrimination based on gender. The Parliament called on the European Commission to list gender-based violence as a crime under European Union (EU) law. A third of women in the EU have suffered physical and/or sexual violence. However, there is currently no EU legislation that addresses the problem directly and gender-based violence is still not listed as a form of discrimination under the EU’s anti-discrimination laws. The only Europe-wide legal protection for women is the Council of Europe’s Convention on Preventing and Combating Violence Against Women and Domestic Violence, otherwise known as the Istanbul Convention. However, as a Council of Europe convention, it is not part of EU law and it also has various shortcomings. Several EU countries have never ratified the convention, including Bulgaria, Hungary, and Slovakia, and other countries such as Poland have recently expressed a willingness to withdraw from it.
GENDER-BASED VIOLENCE UNDER ARTICLE 83(1) OF TFEU
To fill this legal gap, a legislative proposal was put forward by the European Parliament’s Committee on Women’s Rights and Gender Equality and its Committee on Civil Liberties, Justice and Home Affairs to include gender-based violence as a crime under article 83(1) of the Treaty on the Functioning of the European Union (TFEU). Such a move would allow for the inclusion of a harmonised legal definition and a minimum criminal penalty for gender-based violence. This would put gender-based violence on a par with other crimes such as sexual exploitation and human trafficking.
Members of the European Parliament (MEPs) voted in favour of the legislative proposal (119 against, 427 in favour, and 140 abstentions) and called on the EU Commission to address all forms of violence and discrimination based on gender, in line with the standards set in the Istanbul Convention. According to Green MEP Diana Riba i Giner:
The message from Parliament has been clear. We need more and better tools to combat gender-based violence. We therefore call for common legal definitions, standards, and minimum criminal penalties throughout the EU. It is time to act to include gender-based violence in the list of EU crimes, and to present a holistic and inclusive Directive to fight what is one of the most serious and persistent human rights violations in human history.
COVID-19 AND GENDER-BASED VIOLENCE
The introduction of an EU legal framework protecting women from violence is important. During the COVID-19 pandemic the frequency of gender-based violence has increased around the world. In France, an increase of 30% in cases of domestic abuse was reported as early as April 2020. The causes of this escalation are multiple. Fear of the virus, as well as physical distancing and lockdown measures increased tensions within homes, raising levels of stress and anxiety, substance abuse, and economic insecurity. Quarantine measures confined women in abusive relationships with their abusers, putting them at risk of further violence, and preventing them from escaping. This inability to escape was compounded by many women’s lack of financial resources and lack of shelter spaces. This was sadly exploited by abusers.
TOWARDS AN EU DIRECTIVE ON GENDER-BASED VIOLENCE
The heightened vulnerability that victims of gender-based violence have faced during the pandemic underscores the need for legal and policy reforms in the EU. Introducing an EU legal framework addressing gender-based violence would give victims a powerful tool to bring perpetrators to justice and deter others. This would also support the efforts of several EU countries, such as Ireland, to combat gender-based violence domestically. It is now up to the EU Commission to vote on parliament’s legislative proposal. According to Commission President Ursula von der Leyen, the commission will consider the proposal by the end of the year. As outlined in the European Parliament’s resolution, this would pave the way for an EU Directive on gender-based violence, an important step to secure the rights of women and girls across Europe.
Alexandra is a Human Rights Law LLM graduate at the University of Edinburgh. Her research interests include gender equality, humanitarian law, and HIV-related discrimination. She hopes to pursue a career in advocacy and non-profit work to strengthen women and girls’ rights and amplify their voices.