“Byzantine legal arguments give a feeling of total disconnection with the suffering of the victims”

LNegotiations are intensifying at European level between Member States and the European Parliament on the first directive to combat violence against women. A group of countries, including France, are still hesitant to support a European definition of rape for purely technical reasons.

While one in twenty women are victims of rape in Europe, the Byzantine legal arguments put forward by member states give a feeling of total disconnection with the suffering experienced by the victims.

We, MEPs from the presidential majority, therefore call on the government to allow negotiations to be finalized with a European definition of rape in line with the aspirations of our time.

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France was at the origin of the directive. If adopted, it would require member states to equip themselves with a solid legislative arsenal to combat all types of violence against women: cyberharassment, genital mutilation, calls for violence and also rape. A revolution to ensure that, throughout Europe, whatever their country, women are protected.

Most severely punished

This French commitment is the logical continuation of our action at the national level to combat violence against women, and more generally in our fight for equality. This great cause of the two five-year terms is the cause of the entire majority and of all French people. We are proud of this record and also defend it at the European level. France is also one of the countries where rape is most severely punished in Europe. Our majority, under the leadership of the President of the Republic, adopted three laws which have considerably expanded our criminal law against sexual and gender-based, intra-family and marital violence.

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This explains our full support for the European Parliament’s proposal for a European definition of rape, based on non-consent. Rarely, this definition was supported by almost all French political forces with the exception of the National Rally – faithful to its retrograde agenda.

So why this blockage? Two questions of legal technique are raised.

It’s the right to adapt

The first problem would be that Europe does not have the competence to deal with the subject of rape. However, the protection of fundamental rights is the very reason for the existence of the European Union. What signal are we sending by considering rape as outside of community action? We will not let anyone believe that Europe should not be there for women. Where extremes come to power, women’s rights are threatened. This is the best argument for protection on a European scale.

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