🇪🇺 Gender-based violence should become a Euro-crime
A new hope is kindled by the European Parliament and the President of the European Commission.
This year we mark the international day for the elimination of violence against women (25th November) as always, in a combative and proactive way, but with one new hope: finally, something is changing in the European Union.
Ursula von der Leyen in the speech on the state of the European Union on 15 September admonished:
“When we defend our values we also defend freedom. Freedom to be who you are, freedom to say what's on your mind, freedom to love whoever you want. But freedom also means freedom from fear. And during the pandemic, too many women were deprived of that freedom. It was a particularly terrible time for those with nowhere to hide, nowhere to escape from their abusers. We need to bring light to this darkness, we need to show ways out of the pain. Their abusers must be brought to justice. And women must live freely and with self-determination again. We will therefore by the end of year propose a law to combat violence against women. It is about the effective prosecution of crimes, about prevention and protection, both online and offline. It is about the dignity of each individual, and about justice. Because this is the soul of Europe. And we must strengthen it.”
The next day, the European Parliament adopted a very important resolution asking the European Commission to include gender-based violence among the Euro-crimes. Let’s start by explaining what a Euro-crime is.
What are Euro-crimes?
First of all, we need to recognise that the European Union does not have direct authority in criminal matters. This means that it cannot establish that any behaviour constitutes a crime in all European countries, nor can it establish sanctions that are valid in all Member States, as these are the exclusive prerogatives of the Member States. However, in 2009 the Lisbon Treaty introduced some important changes in this area, and for the entire structure of the European Union.
Since the 1992 Maastricht Treaty, the European Union had been characterised by a pillar structure, comprising the European Communities, Common Foreign Policy and Security, and Justice and Internal Affairs. Criminal matters fell within the third pillar (Justice and Internal Affairs) and here the powers of the European institutions over the Member States were very restricted. European countries have always been protective of their authority to legislate in criminal matters. But with the Lisbon Treaty, the third pillar disappeared, and the European Union was granted additional powers. Among other things, it can adopt some directives that contain minimum standards (with which individual states must comply) for defining the crimes and related sanctions for particularly serious offenses with a transnational character.
The areas of crime in which the European Union can intervene are those expressly provided for by Article 83 of Treaty on the Functioning of the European Union (TFEU), namely: terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, cybercrime and organized crime. To these ‘Euro-crimes’, others can be added by the Council of the European Union with the approval of the European Parliament. And this is precisely what the current proposal would do.
What does the resolution of the European Parliament say?
“Gender-based violence, both online and offline, and the lack of access to adequate protection is the most severe manifestation of gender-based discrimination and constitutes a violation of fundamental rights as enshrined in the Charter"
With these words open the resolution was approved on September 16, 2021 by the European Parliament with 427 votes in favour, 119 against and 140 abstentions.
The resolution continues by putting pen to paper on what is meant by gender-based violence. You are very wrong, in fact, if you think that this term refers exclusively to violence directed against one or more women. The MEPs are keen to make explicit a concept that should be heralded the world over: the victims of gender-based violence are not only women, but also LGBTQI+ people.
“gender-based violence against LGBTIQ+ persons includes physical violence, psychological violence, forced marriages, sexual violence, including ‘corrective’ rape and sexual harassment, female and intersex genital mutilations, forced sterilisation of trans and intersex people, so-called ‘honour’ crimes, conversion therapy, hate speech, both online and offline, bullying and harassment, socio-economic deprivation and violence that occurs within the family and/or domestic unit”
The European Parliament then acknowledges other ways of expressing gender-based violence, both more and less well-known: from acts of violence against the female gender, such as femicide, to physical, sexual, psychological or economic harm or suffering, as well as domestic violence, and sexual harassment online.
All these very serious acts of violence, in the opinion of the European Parliament, should qualify as Euro-crimes. In fact, the MEPs conclude by asking the European Commission to present a proposal for a Council decision that would list gender-based violence as a new sphere of crime pursuant to Article 83 of TFEU mentioned above, together with all the other Euro-crimes that must be fought on a common basis. If the process succeeds, the European Union could establish common definitions and legal standards, as well as set minimum criminal sanctions throughout the European Union, in the field of gender-based violence.
Is there any point in including gender-based violence in Euro-crimes?
The answer is yes. European level action on this issue is really positive and, if successful, in my opinion, it would land a great blow against gender-based violence, for the following reasons:
Women, LGBTQI+ people and all other victims of gender-based violence are not protected in the same way in the different Member States of the European Union, due to the diversity of the national legislatures and the mechanisms of protection and prevention. Compounding this variation, there are serious systemic deficiencies in the fight against gender-based violence: for example, the conviction rates of those responsible for gender-based violence, especially in the area of sexual violence, are extremely low. This could be better addressed with a unified approach in which the European Union dictates a single definition of gender-based violence as well as common rules and sanctions, with which all Member States must comply.
The scope of the problem is immense and can no longer leave us indifferent and helpless. Even in spite of the huge gap in the collection of data on gender-based violence that must absolutely be resolved, we know that in the European Union one in three women, or 62 million women, has suffered sexual and/or physical violence from the age of 15, and that one in two women (55%) has been a victim of sexual harassment. In Europe, there is one victim of gender-based violence every six hours. The World Health Organization also reports that, worldwide, nearly one third (27%) of women aged 15 to 49 who have been in a relationship have been victims of some form of physical and/or sexual violence committed by their partner, and that 38% of all murders of women are committed by their partners. The COVID-19 pandemic and compulsory confinement measures aggravated this already tragic picture, leading to a drastic increase in gender-based violence, suffered in particular by the partner, including physical and psychological violence, coercive control, and online violence. The WHO reported a 60% increase in emergency calls from women victims of violence by their partners. It is therefore clear that something must be done and immediately.
The effects of gender-based violence are devastating and multiple. There are psychological repercussions for the victims, such as stress, feelings of insecurity or vulnerability, problems with concentration, anxiety, panic attacks, social isolation, low self-esteem, depression, post-traumatic stress disorders as well as lack of confidence and sense of control, in addition to fear or even suicidal thoughts. These repercussions have flow-on effects for our health and social services, as well as for workplaces and businesses. There are also social and economic effects such as lack of access to jobs, isolation, withdrawal from public life, or deprivation of material or financial resources, which aggravate the disadvantage of women. Resolving gender-based violence once and for all is a duty, but it would also benefit all of society.
Including gender-based violence among the Euro-crimes would make it possible to take an important step towards equality and towards the fight against violence, finally responding to a very great social need.
All that remains is to wait for the approval of the Council, but we should not be deprived of happiness and satisfaction, because something is finally moving. The women's protest movements against violence and against the patriarchy, which still today fill squares all over the world, are finally bearing their well-earned fruits.
I want to close with "Un violador en tu camino" (A rapist in your way), the well-known song written by the Chilean feminist collective Las Tesis on the occasion of the International Day for the Elimination of Violence Against Women in 2019 - a song sung by women from all over the world:
Great job! Really informative.