EU’s Ongoing Battle Against Violence Towards Women and Girls
Rape is unequivocally an “abominable crime,” and according to Michael McGrath, the Commissioner-designate for Democracy, Justice, and the Rule of Law, the European Union still has significant work to accomplish in combating violence against women and girls. During his confirmation hearing on Tuesday, McGrath emphasized, “It is crucial to establish uniformity and consistency among member states in our efforts to address this issue.” The Irish liberal candidate indicated that should further action be warranted after the introduction of the first-ever law aimed at tackling violence against women, he would be open to proposing the inclusion of gender-based violence as a Euro-crime.
Euro-crimes, or EU crimes, refer to criminal activities that either impact multiple member states or pose a threat to the financial and economic interests of the Union, including serious offenses like terrorism, human trafficking, and money laundering. Earlier this year, the EU enacted a directive designed to combat violence against women and domestic violence. This directive introduced new penalties for crimes committed against public figures, journalists, and human rights activists, along with new regulations aimed at prohibiting forced marriage and female genital mutilation.
However, rape—defined as non-consensual sex—was notably excluded from this new framework as a Euro-crime due to the absence of consensus among member states. During the hearing, MEP Assita Kanko from the far-right European Conservatives and Reformists (Belgium/ECR) inquired about McGrath’s strategy to ensure that rape is uniformly criminalized across the EU. The Irish candidate, who has already received preliminary approval from MEPs, responded by stating that the Commission could encourage member states to adopt a consent-based approach when integrating the directive into national law, pointing out that such definitions of rape already exist in countries like Belgium, Greece, Ireland, Spain, and Sweden.
The EU Commission initially proposed this directive on March 8, 2022, aiming to harmonize regulations across the bloc concerning various offenses, including cyber violence, female genital mutilation, and rape. This proposal, however, quickly led to contention between the European Parliament and the Council. While MEPs acknowledged the necessity of including the criminalization of non-consensual sex in the directive, EU capitals were divided due to a Council legal opinion that argued this matter fell outside the bloc’s legal jurisdiction.
Despite prolonged and intense negotiations, the Council could not muster the majority required to advance the proposal. Ultimately, recognizing that a law—however imperfect—was preferable to inaction, the Parliament conceded. “As we advance, let us mark this moment as a significant first step in fortifying women’s rights and lighting the way towards a future where every woman can exist free from fear and oppression,” stated Evin Incir (Sweden/S&D), one of the leading MEPs on the issue, following the Parliament’s approval of the new regulations.
Furthermore, both the Parliament and the Council agreed that the Commission should provide a report every five years on the status of women and girls throughout the EU, alongside the necessity to review the Directive. Alarmingly, statistics reveal that two in ten women within the EU have faced physical and/or sexual violence from a partner or acquaintance. The implications of gender-based violence extend beyond personal suffering, contributing to an estimated annual societal cost of €290 million at the EU level.
