UN Expert Supports New EU Directive on Violence Against Women, Highlights Need for Further Enhancements

Reem Alsalem, the UN Special Rapporteur on violence against women and girls, highlighted the essential role of civil society organizations in pushing the Directive through on April 24.

A UN expert today expressed support for the European Parliament's recent adoption of the first European Union Directive aimed at combating violence against women and domestic violence, praising it as a comprehensive legal framework for addressing these issues. Reem Alsalem, the UN Special Rapporteur on violence against women and girls, highlighted the essential role of civil society organizations in pushing the Directive through on April 24.

Alsalem welcomed several key advancements in the Directive, including the collective responsibility it places on EU Member States to end violence against women and domestic violence. The Directive encompasses obligations for prevention, protection, support for victims, and prosecution of gender-related crimes. It also addresses the needs of survivors in a sex- and gender-sensitive way and takes significant steps by recognizing and criminalizing online violence and forms of violence like forced marriage and female genital mutilation.

The Directive's emphasis on crime prevention and the inclusion of aggravating circumstances in crimes were also noted positively by Alsalem, along with its comprehensive support package for victims, which includes legal aid and remedies. She also appreciated the Directive’s attention to the intersectionality of victims' specific circumstances.

However, Alsalem expressed regret that the Directive did not include an EU-wide definition of sexual assault and rape based on consent. This omission, she noted, missed a crucial opportunity to criminalize rape and gender-based violence more effectively and to acknowledge instances where coercive conditions render consent meaningless. Additionally, she pointed out the Directive's insufficient focus on the specific protection and assistance needs of migrant women, particularly those who are undocumented.

Alsalem also raised concerns about the Directive's inconsistent use of the terms 'sex' and 'gender' and its potential limitation on preventing online violence through the pretext of protecting 'freedom of expression.' This, she argued, could undermine efforts to tackle non-consensual sharing of intimate images and other forms of online violence.

Despite these shortcomings, Alsalem was reassured by the Directive’s explicit prohibition of non-regression, which prevents EU Member States from reducing the level of protection afforded to victims. She urged the EU and its Member States to not miss the chance to set higher implementation standards by adopting an intersectional and human rights-based approach that considers the needs of all women.

Looking forward, Alsalem expressed readiness to engage with the European Council and the European Parliament on future revisions of the Directive to realize its full potential, including addressing the exploitation of prostitution and considering domestic and sexual violence histories in child custody cases. She called for provisions on the sharing of online materials to align more closely with the European Convention on Human Rights, particularly regarding the protection of health, morals, or the rights and freedoms of others.