Combating violence against women and domestic violence [EU Legislation in Progress]

Written by Ionel Zamfir (2nd edition, updated on 25.09.2023).

Violence directed against a woman because she is a woman, or that affects women disproportionately (‘gender-based violence against women’) is a violation of fundamental rights, and a major obstacle to gender equality in all EU Member States. Despite increased attention, national legislation does not offer equal protection for women against all forms of gender-based violence across the EU, and there are significant gaps in the measures adopted at EU level.

On 8 March 2022, the European Commission adopted a legislative proposal on combating violence against women and domestic violence, to enshrine minimum standards in EU law for criminalising certain forms of gender-based violence, improve access to justice, protection and support for victims, ensure coordination between relevant services, and prevent these types of crime. In July 2023, based on the joint report drafted by its Committees for Gender Equality (FEMM) and Civil Liberties (LIBE), the Parliament decided to enter into interinstitutional negotiations. It will need to find agreement with the Council, particularly on the extent of EU competences to criminalise at EU level certain forms of violence against women. The position adopted by the Council weakens the proposal significantly by removing rape and other crimes, because the Council considers that there is no legal basis in the Treaties to define them at EU level.

Versions

• September 2023: Combating violence against women and domestic violence (2nd edition)