European countries agreed in creating a law against gender violence that applies throughout the European Union.
After several months of discussions, which intensified especially during the last semester when Spain was in the rotating presidency of the Council of the European Union (EU), They reached an agreement last week on the first regulations for gender violence.
Although it is a long-awaited achievement, There is a bittersweet taste because it was impossible to reach a consensus that included rape. This point produced a strong internal debate, which had echoes on the streets of some countries with feminist protests and continues to be the focus of controversy.
In any case, The project must be regulated by the competent bodies of the community bloc.What does the law say and why don't I include rape as a crime against women?
1. What is this law?
For the first time, the European Parliament, the Council of the EU and the European Commission reached an agreement for the first legislation against gender violence at European level. It includes several crimes against women and prevention and protection measures that must be established in all member countries.
2. What is the controversy?
The key is in the crime of rape. The strongest positions in favor of the law aspired to have it defined by the formula of “only yes is yes”. That is to say: if there is no express consent from the woman to have sexual relations, it is rape.
Several members raised doubts about the powers to regulate this issue and argued that it falls outside the scope of the EU, as it falls under the criminal law of each country.
However, several members raised doubts about the powers to regulate this issue and argued that it falls outside the scope of the EU, as it falls under the criminal law of each country.
The European Parliament had proposed converting rape, under a common definition, into a Eurocrime, which would have facilitated its inclusion in this regulation, but the initiative did not prosper.
In some countries, lack of consent is sufficient to determine rape, while in others it is necessary to provide proof of resistance or that the victim was attacked.
They were part of 14 countries that opposed the definition, along with others such as Hungary, Poland, Bulgaria, the Czech Republic and the Netherlands.
3. How was the countries voting?
For approval to consider rape as a European crime, a qualified majority vote of 55% of the States or 65% of the total population of the EU was required. This would have been achieved if Germany or France had been in favor, which did not happen.
They were part of the 14 countries that opposed the definition, along with others, such as Hungary, Poland, Bulgaria, the Czech Republic and the Netherlands.
France and Germany, whose laws protect women, were harshly criticized for their positions based on the argument of the EU's lack of competence. More than a hundred well-known women in Germany publicly rejected their country's position and feminist groups spoke out against it. In France, they point directly to President Emmanuel Macron, who is also blamed for his support of the actor Gerard Depardieu, accused of sexual assault.
4. What does the law say about rape?
At the last minute, the European Parliament's negotiators managed to include an article in which they invite Member States to “raise awareness” among the population about sexual consent and to work towards a “culture based on consent.”
5. What crimes does the law include?
The law covers several gender-related crimes. All EU countries must criminalize female genital mutilation, forced marriage, violence against women, against a vulnerable person or against a child. It also typifies some forms of gender violence throughout the region.
The standard places special emphasis on cybercrimes. It prohibits the sharing of intimate images or information, in a practice known as revenge porn. This includes the sharing of pornographic images produced with artificial intelligence. And it fills existing gaps in some countries on cyber violence issues, such as online bullying and harassment.
The law places special emphasis on cybercrimes.
Although this Directive does not address everything that Parliament would like, including a crime of rape based on lack of consent, it does take important steps in terms of prevention
6. What protection measures do the regulations contemplate?
Victims of gender crimes will have access to justice and will be protected and supported by Member States. The law includes procedures for your safety and health, such as access to health care and sexual and reproductive health services.
It also provides for citizen awareness campaigns and requires countries to offer a free and permanent telephone line where victims can report attacks and through which protection measures are activated.
7. What's next?
This is a legislative act that must be regulated later by the competent EU bodies. And at the last minute a review clause was included after five years, in which some countries have pinned their hopes of stirring up the rape problem again.
8. What remains positive?
Despite the bittersweet taste because the law does not achieve the desired initial scope regarding the inclusion of rape, its importance in the fight against other crimes is highlighted.
It is essential that it will allow the fight against gender abuse to be standardized and unified, in an area where different legislation and public resources now abound.
“While this directive does not address everything that Parliament would like, including a crime of rape based on lack of consent, it does take important steps in terms of prevention, protection and prosecution,” said Frances Fitzgerald, vice-president of the Conservative European Party. People and one of the greatest fighters in the development and approval of the measure. “For the first time the European Union sends a clear message that we take violence against women seriously as a threat to our security,” she added.
JUANITA SAMPER OSPINA
EL TIEMPO correspondent
MADRID
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