Protection from violence for women
EU states adopt uniform law
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It has finally been decided: uniform minimum standards to protect women from violence will apply in the EU in the future. What the relevant law includes – and what, unfortunately, still doesn’t.
It has long been fought to ensure that women in the EU are better protected from violence. From female genital mutilation, forced marriages, but also online crimes such as cyber stalking. Now the time has finally come – the Council of the European Union has given its final approval to the law, which was still missing until now.
The importance of this “milestone for women in Europe” was emphasized by Federal Minister for Women Lisa Paus in Berlin at the beginning of February, when the agreement had already been reached, but the formalities were still pending: “With the agreement sends the EU the clear signal: Violence against women and domestic violence in Europe must be concretely curbed. For the first time, an EU-wide regulation to combat violence against women and common minimum standards for protection against this violence will be created. Failure of the directive would have been a major step backwards in equality policy. Above all, I am grateful to the many women who have raised their voices everywhere so that women can be better protected from violence. An important success has now been achieved; the political debate for more protection for women from violence will continue.”
More than 100 celebrities previously wrote an open letter to the federal government:
Protection from violence for women: What the new law says
According to the new law, EU states must now punish the following offenses with at least one year and up to five years in prison – even higher penalties can be imposed for underage victims or “other aggravating circumstances”:
- female genital mutilation
- Forced marriage
- stalking
- Cyber violence
In addition, those affected should be entitled to sheltered accommodation and national telephone helplines should be set up. Authorities should take on the task of spreading the message that non-consensual sexual acts are a crime. For the first time, these official rules also include online violence against women, including unsolicited “dick pics”. The protection of children who witness violence should be improved. Just like access to justice: submitting criminal complaints should finally become easier to access. Many important points.
Fatal: Rape is excluded
However, agreement could not be reached in advance on one very important point: the definition of rape. Women’s rights activists and the European Parliament called for a regulation based on the “yes means yes” principle, as is already being done in Sweden and Spain, among others. However, other countries, including Germany, blocked this article. In this country the rule “no means no” applies, so rape is only seen as such if sex was clearly rejected.
The justification also included that the EU-wide harmonization of the offense would exceed the competences of the Union. “That can be regretted. I can also understand that people would want something different. But European primary law is what it is,” said Federal Justice Minister Marco Buschmann. Frances Fitzgerald, lead negotiator, called this “a huge disappointment”. Many agreed with this opinion, also in view of the frightening estimates from the United Nations: 1.5 million women are said to be raped in the EU every year. Incomprehensible.
The law will come into force promptly with the publication of the official gazette, the legally required notice. The states then have three years to implement the new regulations.
Sources used: bmfsfj.de, tagesschau.de, evangelisch.de