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The European Parliament cannot classify rape as violence against women

This Wednesday, the European Parliament criminalized “violence against women” for the first time, overwhelmingly approving a directive aimed at harmonizing definitions and penalties for the crime across the 27-state European Union, but excluding the offense of violation.

The directive, approved by 522 votes in favour, 27 against and 72 abstentions, defines violence against women as “all acts of violence directed against a woman or girl on the basis of being a woman or girl, or which disproportionately affect women or girls.”

Female genital mutilation, punishable by at least five years’ imprisonment, forced marriage, non-consensual sharing of images or similar sexual material, cyberstalking or cyberstalking, and incitement to violence or hatred are offenses specified in the directive but definitions of rape No.

Rape as non-consensual sex, whether with or without force, was not included in the directive due to opposition from France, Germany and Hungary, as well as the failure to agree on positions between the Parliament and the European Commission.

Legislation on this issue requires a qualified majority of 55% of the 27 states representing at least 65% of the population of the European Union.

Paris and Berlin believe that the European Union does not have competence on these issues, which should be determined by the criminal legislation of each state, and Hungary does not recognize “gender violence” as a crime.

The directive voted in Strasbourg also provides for aggravating circumstances, namely crimes against public figures, journalists or human rights defenders, intent to commit or incite violent acts due to sexual orientation, gender, colour, religion, social origin or political opinion and justification. in the name of preserving or restoring “honor”.

The new rules also establish an obligation to guarantee more effective procedures for the safety and health of victims.

Member states must implement the new European rules into national law within a maximum of three years.

Author: SATURDAY
Source: CM Jornal

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