Tallinn, 07 May 2024 – The Council of the European Union has adopted a groundbreaking directive aimed at combating violence against women and domestic violence. This marks the first-ever EU law of its kind, setting a significant precedent in the fight for gender equality and non-discrimination.
The law mandates all EU countries to criminalise female genital mutilation, forced marriage, and cyber violence, including the non-consensual sharing of intimate images. It also sets standards for the protection of victims and includes measures to prevent such acts of violence.
Paul Van Tigchelt, Belgian Deputy Prime Minister and Minister of Justice and the North Sea, stated, “Violence against women and domestic violence is a persisting crime. This law will guarantee EU-wide that its perpetrators will be strongly sanctioned and that its victims will receive all the support they need.”
Marie-Colline Leroy, Belgian Secretary of State for Gender Equality, hailed the adoption of the law as a “groundbreaking moment in boosting women’s rights.” She added, “Real equality can only happen when women can live without fear of being harassed, violently attacked or physically harmed. This law is an important step to make this happen.”
The law criminalises a range of offences across the EU, including cyber stalking, cyber harassment, and cyber incitement to hatred or violence. Perpetrators of these crimes face prison sentences ranging from one to five years. The directive also outlines a list of aggravating circumstances, such as committing the offence against a child or a public representative, which carry more severe penalties.
The directive also stipulates detailed rules on the assistance and protection that member states should provide to victims. It will become easier for victims to report a crime, with the minimum provision being the ability to report cybercrimes online. The law also mandates that children are assisted by professionals when reporting a crime committed by someone with parental responsibility.
In a bid to protect a victim’s privacy and prevent repeat victimisation, member states must ensure that evidence relating to the victim’s past sexual conduct is only permitted in criminal proceedings when it is relevant and necessary.
The law also introduces preventive measures aimed at increasing awareness of the root causes of violence against women and domestic violence and promoting the central role of consent in sexual relationships.
Member states have three years from the entry into force of the directive to transpose it into national law. The proposal for the directive was submitted by the Commission (Vice-President for Values and Transparency, Vera Jourová and Commissioner for Equality, Helena Dalli) on 8 March 2022. The agreement between the Council and Parliament was reached on 6 February 2024.