On 8 March 2022, the European Commission presented its proposal for an EU Directive to fight violence against women, based on the wording of the Istanbul Convention. The scope of such a Directive is to set a common approach on the topic, which would later bring to the harmonization of European national legislations. The Directive would comprehend the criminalization of forced marriages, female genital mutilation, sexual harassment, including cyber harassment, and forced sterilisation. Hence the text proposal was passed to the Parliament and the Council of the European Union to legislate.
On November 14, the EU member states and the European Parliament met as scheduled to discuss the directive on combating violence against women and domestic violence. Nonetheless, further steps to advance the proposed text were stopped as some countries rejected the definition of rape as a crime. Among those countries, there are Hungary and Poland, but even Germany and France opposed to a consent-based definition of rape. Rape is one of the most pervasive and brutal forms of violence against women and girls systematically used to silence women across Europe, which is still highly problematic in the continent. The blockade is especially tragic in these times when violence against women and girls and femicide are at the highest increase globally in two decades. 2.300 women were killed in 2022 at the hands of their partners or ex-partners according to UNDOC estimates and the culture of impunity continues to prevail. For instance, in France, statistical data reveal that only 12 percent of women victims of rape or attempted rape report the violence, and the number of convictions represents only 1 percent of the estimated number of rape cases. Thus 99 percent of victims do not access justice or reparation.
What is controversial is the negotiations’ blocking by the governments of France and Germany, which are traditionally redeemed among the most equal countries in Europe. Once again, on Wednesday’s trilogue negotiations, the 13 December, the two countries vetoed the rape definition, albeit positive are the reaction to the Directive enforcement. The European Parliament, the Commission and the Council failed to reach an agreement on the key issue of whether or not to include rape in the directive. Legal definitions indeed vary between European countries, even in different topics. Yet only 16 European countries out of the 31 analysed by Amnesty International have laws that define rape as sex without consent, including Germany. For example, in Belgium, the law introduces the concept of consent, whereas in Italy, rape is defined as a sexual act imposed with force, authority or threat. On the other side, the definition proposed by the European Parliament and the Commission states that rape is sexual intercourse without consent. Therefore, the French government is standing still in its position affirming that there is no legal basis for defining consent. France stresses that criminal law is a matter for the member states, not the EU, except in the case of Eurocrimes, consisting of corruption, terrorism and sexual exploitation. Following this explanation, the country insists that rape does not fall within the scope of sexual exploitation. According to the European Women’s Lobby, and other international organizations, this block is putting the whole Directive at stake and thus we cannot consider Germany and France good in promoting women’s rights. At risk is Article 5 of the proposed Directive, the one concerning rape, which eventually would be removed neglecting the consequences that rape can have on victims, long-term physical and mental health issues, and socioeconomic impacts.
Despite their opposition in the European sphere, both France and Germany have their own ‘feminist foreign policy,’ or diplomacy. According to Thompson et al. (2021), from the International Center for Research on Women, ‘the Feminist foreign policy is the policy of a state that defines its interactions with other states, as well as movements and other non-state actors, in a manner that prioritizes peace, gender equality and environmental integrity; enshrines, promotes, and protects the human rights of all; seeks to disrupt colonial, racist, patriarchal and male-dominated power structures; and allocates significant resources, including research, to achieve that vision.’ Hence many praise France’s leadership role within the EU on the rights of women and girls. Notably on its plans to enshrine the right to abortion in its constitution. Similarly, Germany stands among the top dozen implementers of the Women, Peace and Security Agenda by the 2021 ranking of the Women, Peace, and Security Index. Consequently, with consideration of the French and German veto on a common definition of rape to include in the EU directive on combating violence against women and domestic violence, the commitment to gender equality and women’s empowerment is credible only within foreign policy. Clearly stated in its diplomatic papers are France’s initiatives overseas, which include aid to rape victims in Ukraine, sanctions on countries like Iran for violations of women’s rights and aid focused on securing financing for women in Africa. In similar terms, the German feminist foreign policy has recently suggested how Germany will commit towards Georgia, Armenia, and Azerbaijan, whose political relevance has increased for Berlin due to Russia’s war in Ukraine. First, commitment is focused only abroad, since the EU Directive is still a work in progress. Second, the aim of promoting gender equality and protecting women is shifted outside but risks passing as a false policy covering security and economic interests in foreign regions.
By The European Institute for International Law and International Relations
References
Thompson, L., Ahmed, S. and Khokhar, T. (2021). Defining Feminist Foreign Policy: A 2021 Update. Washington, DC: International Center for Research on Women. Available as 15.12.23 on www.icrw.org/publications/defining-feminist-foreign-policy/
