Open Letter on the Legal basis of the Directive on combating violence against women and domestic violence and the article on the offence of rape
Letter initiated by the European Women’s Lobby (EWL) and supported by the European Women’s Lawyers Association (EWLA).
Add your signature here in this link
RE: The harmonisation of the crime of rape based on lack of freely given consent should be part of the new EU Directive on combating violence against women and domestic violence
1. This Open Letter is signed by the signatories of this article, professors, lawyers, and legal experts on European Union (EU) law, constitutional law and penal law across the EU, and is addressed to the co-legislators involved in the interinstitutional negotiations on the Proposal for a Directive on combating violence against women and domestic violence (the Proposed Directive).[1] It provides legal arguments in support of the Proposed Directive, in particular with respect to the criminalisation of specific forms of violence against women such as rape. The arguments laid down in this Open Letter are in response to the Opinion of the Legal Service of the Council of the EU (the Legal Service Opinion).[2]
2. At the outset, we recall that the EU aims at promoting gender equality, as set out by Articles 2 and 3(3) of the Treaty on the EU[3] (TEU), Articles 8 and 10 of the Treaty on the Functioning of the EU[4] (TFEU) (together, the Treaties) and Article 21 of the EU Charter of Fundamental Rights.[5] Furthermore, Declaration No. 19 on Article 8 of the TFEU establishes that combatting “all kinds of domestic violence”’ is part of the EU’s general efforts to eliminate inequalities between women and men and Member States should take all necessary measures to prevent and punish these criminal acts and to support and protect the victims. The Proposed Directive is the first piece of legislation in the EU that will comprehensively address violence against women and domestic violence. It aims to ensure a high level of security and the full enjoyment of fundamental rights within the EU, including the right to equal treatment and non-discrimination between women and men.
3. We recall that the EU has acceded to the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention), which entered into force on 1 October 2023.[6] This accession to the Istanbul Convention reaffirms the EU’s commitment to combat all forms of violence against women and Member States expressly recognised that “violence against women is a manifestation of historically unequal power relations between women and men, which have led to domination over, and discrimination against, women by men, the structural nature of violence against women as gender-based violence, and that violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men.”[7]
4. We consider that the legal bases from the Treaties used in the Proposed Directive are appropriate for its purpose. The Proposed Directive introduces minimum standards on the definition of criminal offences that disproportionately affect women and that are not sufficiently addressed at national level.[8] This falls within the EU’s competence as per the areas of eurocrime set out in Article 83(1) TFEU relating to trafficking in human beings and sexual exploitation of women and children and computer crimes. Article 83(1) TFEU also provides the legal basis concerning the introduction of minimum rules on the definition of criminal offences and sanctions in the areas of particularly serious crime with a cross-border dimension resulting from the nature or impact of such offences or from a special need to combat them on a common basis.
5. We regret the position of the Council of the EU, in which it proposes to delete the harmonised definition of the crime of rape, based on the lack of freely given consent.[9] We support the Declaration made by Belgium, Italy, Greece and Luxembourg, also supported by Ireland and Spain, regretting the lack of political ambition with regard to the criminalisation of the offence of rape.[10] As laid down in this Open Letter, deleting the article proposing a harmonised approach to rape (Article 5 of the Proposed Directive) defeats the purpose of Articles 82 and 83 TFEU and is not consistent with other European legal instruments.
1) The notion of rape is a form of sexual exploitation pursuant to Article 83(2) TFEU
6. The criminal offence of rape constitutes a serious crime and one of the most severe attacks on a person’s physical, psychological and sexual integrity and autonomy. In 2008, the United Nations Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide". From a gender perspective, rape is a crime that is at the very core of the violation of women’s fundamental rights, systematically committed against women across Europe.
7. The removal of rape from Article 5 of the Proposed Directive is based on an excessively restrictive interpretation of the notion of sexual exploitation under EU law. The eurocrime of sexual exploitation of women and children has already been used to criminalise sexual abuse of children in Directive 2011/93/EU on combatting the sexual abuse and sexual exploitation of children and child pornography (the Child Sexual Abuse and Sexual Exploitation Directive).[11] The expression “sexual exploitation of women and children” can be interpreted as both exploitation and abuse, in light of the existing legal instruments in force. Rape is exploitative per se, not only when the victim is a minor, and not under specific cases. A rapist exploits the position of vulnerability of a person, turns the person into a sexual object, commits an act characterised by a differential power imbalance and uses the situation to one’s own advantage. The subordinated position given to women in society exposes women and girls to a higher risk of gender-based violence and sexual violence - a vulnerability exploited by abusers.[1]
8. [2] The European Commission has developed a thorough and sound legal analysis to assess the legal basis of the Proposed Directive, and an extensive feasibility and subsidiarity analysis. As per this analysis, rape is a crime recognised in all the EU Member States; however there are significant differences in terms of protection of victims across Member States. According to the analysis of the European Commission,[12] there are at least 13 Member States that do not include “lack of consent” as the main constituent element of the crime. The latest analysis[13] of the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) on the Istanbul Convention identified important gaps in the implementation of the standards in Article 36 of the Istanbul Convention, given the different approaches to the criminalisation of rape.[14] Specifically, the definitions based on the use of force as the main constituent element of the crime do not offer adequate protection to victims: the requirement of higher thresholds of evidentiary standards of physical resistance and a shifting of the focus onto the victim’s behaviour rather than on the accused’s actions often results in secondary victimisation. A harmonised approach across the EU is fundamental to address this serious crime and ensure the same level of protection to victims: the lack of consent must be the constituent element of the crime of rape. As per the GREVIO analysis, the approach based on “affirmative consent” “provide(s) clearer rules to parties at risk of perpetrating or being victims of sexual violence, as well as providing clarity to those charged with investigating and prosecuting such cases”. This is in line with the European Commission and, even more so, with the European Parliament proposals that included and elaborated on the exact definition in the Istanbul Convention.
2) Article 5 of the Proposed Directive does not create a precedent for an excessively extensive interpretation of Article 83(2)
9. The inclusion of Article 5 in the Proposed Directive does not create a precedent for an excessively extensive interpretation of Article 83(2).
10. With regard to the Child Sexual Abuse and Sexual Exploitation Directive, the Legal Service Opinion states that “the legal basis of ‘sexual exploitation of children’ has been interpreted somewhat extensively and used in order to establish minimum rules concerning an offence where the exploitative element is less present but is rather focused on the use of violence as a form of sexual abuse.”[15] Indeed, Art. 3(5)(iii) of this Directive concerns sexual activities with a child “where use is made of coercion, force or threats.” The Legal Service Opinion notes that “[a]dmittedly, such a provision is based on an extensive interpretation of the notion of ‘sexual exploitation’ as comprising crimes centred on sexual violence, and thus capable of including rape.”[16] The Legal Service Opinion, however, argues that such a provision thereof may be linked to a presumption that children are vulnerable, which would not be applicable to adults.[17] This is manifestly doubtful, as the Istanbul Convention recitals state that the Member States “[recognise] that women and girls are exposed to a higher risk of gender-based violence than men.”[18]
11. Thus, there is a precedent applicable to the sexual exploitation of children, which can clearly be applied mutatis mutandis to the sexual exploitation of women as involving a situation of violence involving rape.
3) Article 5 does not infringe the principle of non-discrimination
12. The principle of non-discrimination requires equal treatment of situations that are considered as objectively comparable.[19] However, it is well established in the EU legal order and recalled by the Proposed Directive that there “is a persisting manifestation of structural discrimination against women, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men”. Violence against women is gender-based violence directed against a woman because she is a woman or that affects women disproportionately. Such violence is rooted in gender inequality being a manifestation of structural discrimination against women. Further, the Preamble of the Istanbul Convention recognizes that “women and girls are exposed to a higher risk of gender-based violence than men.” Men and women are not in situations that can be considered objectively comparable.
13. The EU has systematically put in place legislation based on the principle of positive action that include measures specifically designed to protect women in the recognition that they are objectively not in a comparable position as men and have traditionally been discriminated against, with the aim of creating a more egalitarian society. For example, the so-called “Women on boards” Directive[20] adopted in November 2022 and “Work-life balance” Directive[21] adopted in June 2019 specifically address an issue of underrepresentation of women respectively on the boards of big companies and on a labour market in the EU. This recognition of comparably different situations is precisely what underpins the formulation of the eurocrime “sexual exploitation of women and children”, in recognition of women’s particular vulnerability. This is the very aim of the Istanbul Convention, which the EU ratified in full compliance with the Treaties and guarantees that minimum criminal legal standards apply to counter violence against women and domestic violence across the EU. [3]
4) Article 5 does not enhance the risk of litigation on key provisions of the Proposed Directive
14. For the reasons mentioned above, it seems unlikely that, in case of litigation, there would be a risk of annulment of Article 5 of the Proposed Directive. Article 5 of the Proposed Directive relies on an appropriate legal basis for its purpose (see para. 1 and 2) and complies with the principle of non-discrimination (see para. 3).
15. In any event, should Article 5 of the Proposed Directive be found to be based on an extensive interpretation of Article 83(1) TFEU, and should Article 5 of the Proposed Directive be annulled, this would not jeopardise the validity of the other provisions of the Proposed Directive. Partial annulment of an Union act is possible if the elements to be annulled can be distinguished from the remainder of the act.[22]
Conclusion
16. In sum, we consider that there are no legal justifications that impede considering rape offences and sexual violence offences as forms of sexual exploitation. Nothing prevents the EU from proposing harmonised definitions of a series of offences included in the Istanbul Convention (ratified by the EU on 28 June 2023 under the concept of “sexual exploitation of women” in Article 83(1) TFEU). Therefore, the offences proposed by the European Commission (rape and female genital mutilation); and the additional offences proposed by the European Parliament (rape and sexual assault, female and intersex genital mutilation, sexual harassment, forced marriage and forced sterilisation) can be considered under this umbrella.
17. Taking into account all the above mentioned arguments, we call on the EU decision makers and Member States in the Council to include in the Proposed Directive the definition of the crime of rape based on the lack of consent, together with this interpretation of sexual exploitation, during the trialogue negotiations. It is not only legally accurate, but is also fully supported by European lawyers and academics, together with the broader civil society in Europe (including women’s organisations).
Add your signature here in this link
SIGNATURES
1. Sara De Vido, Associate Professor, Specialised on EU law, International Law, Academia, Italy
2. Dr Teresa Freixes, Autonomous University of Barcelona, Specialised on EU law, International Law, Constitutional law, Academia, Spain
3. Deirdre Carroll Lawyer Private firm Wilson Sonsini Goodrich & Rosati (WSGR), Specialised on EU Law, Private Law Firm, Belgium
4. Laurine Daïnesi Signoret Lawyer Private firm Wilson Sonsini Goodrich & Rosati (WSGR), Specialised on EU Law, Private Law Firm, Belgium
5. Eva Soms Bach Project manager, NGO- Civil society, Belgium
6. Henriet Baas PhD Researcher, European University Institute, Specialised on EU law, Academia, Italy
7. Mariana da Cunha Legal Expert and President of NGO, Specialised on EU law, International Law, Criminal law, Women’s rights and Violence against Women , NGO- Civil society, Netherlands
8. ELENI KALLEA LIAISON OFFICER, Specialised on EU law, EUROPEAN COMMISSION, Belgium
9. Joana Gama Gomes Guest Lecturer University of Lisbon School of Law, Specialised on EU law, International Law, Academia, Legal Counselling Services, Portugal
10. Marnie Delaney Chair, VAW Task Force, Specialised on Advocacy, NGO- Civil society, France
11. Michela Procoli Program Manager, Specialised on Political Science, NGO- Civil society, Belgium
12. Julia Runte Project Officer/human rights, Specialised on International Law, NGO- Civil society, Global
13. Cristina Puigdengolas Practising attorney , Specialised on Criminal law, THB, Astlym, minors, human rights, Court, Legal Counselling Services, NGO- Civil society, Spain
14. Esmeralda Fanti Unemployed, Specialised on Global justice, NGO- Civil society, Italy
15. Micaela Frulli Full Professor , Specialised on International Law, Academia, NGO- Civil society, Italy
16. Deborah Russo Associate professor of international law, Specialised on International Law, Academia, Italy
17. Antonietta Elia Distinguished Professor of Law and Senior Legal Adviser, Specialised on EU law, Constitutional Law, International Law, Criminal law, Academia, Legal Counselling Services, NGO- Civil society, Global
18. Veronica Zaboia Policy and Campaigns officer , Specialised on EU law, NGO- Civil society, Belgium
19. IVONE SOARES MEMBER OF PARLIAMENT AND UNIVERSITY PROFESSOR, Specialised on POLITICAL SCIENCE, PARLIAMENT , MOZAMBIQUE
20. Liam O’Driscoll PhD Researcher , Specialised on EU law, Criminal law, Academia, Ireland
21. Nikolina Zec Legal adviser, Specialised on International Law, Criminal law, NGO- Civil society, Croatia
22. Claudia Ruiz Campos Student, Specialised on EU law, International Law, Academia, Belgium
23. Maitane González Pérez Lawyer, Specialised on EU law, Private Law Firm, NGO- Civil society, Spain
24. Mireille Boffa Lawyer, Specialised on Asylum and human rights, NGO- Civil society, Malta
25. Sarah Cadiot Lawyer, Specialised on Privacy law, In-house counsel, France
26. Berthe De Vos-Neven UN Representative Geneva , Specialised on EU law, International Law, Labour Law, Legal Counselling Services, NGO- Civil society, Belgium
27. Alexis Galand Legal Officer, Specialised on EU law, International Law, NGO- Civil society, Malta
28. Maria Resende Research Scholar, Specialised on EU law, International Law, Antidiscrimination Law, Academia, Portugal
29. Segolene Chesneau Human rights lawyer, Specialised on International Law, International organisation, France
30. Alyssa Nadia Ahrabare Advocacy and Legal Lead , Specialised on EU law, International Law, NGO- Civil society, Belgium
31. Esohe Aghatise Dr/Jurist, Specialised on International Law, Economic and Trade Law, Academia, Legal Counselling Services, NGO- Civil society, Italy
32. Carla Canale Lawyer, Specialised on Constitutional Law, Private Law Firm, Italy
33. Mathias Möschel Associate Professor , Specialised on EU law, Constitutional Law, International Law, Academia, Austria
34. Noura RAAD Lawyer , Specialised on International Law, Criminal law, Asylum , Academia, Private Law Firm, Court, France
35. Ange-Hélène YEBGA HOT lawyer , Specialised on EU law, Real estate Law, Private Law Firm, France
36. Chiara Parolin Lawyer , Specialised on International Law, Private Law Firm, Italy
37. AGNES MARIE Thery Teacher, Specialised on EU law, NGO- Civil society, Italy
38. Diana Vaquero Administrative assistant DG ECHO, European Commission, Specialised on Gender Equality , Survivor of sexual violence., Belgium
39. Lina Atelj Judicial trainee, Specialised on civil law, Court, Slovenia
40. Snieguolė Benikienė Lawyer, Specialised on Family law, NGO- Civil society, Lithuania
41. Danuta Wawrowska advocate, Specialised on Criminal law, Private Law Firm, Poland
42. Renata Durda specialist in counteracting domestic violence, Specialised on Criminal law, , Poland
43. Anita Kucharska-Dziedzic MP and legal practitioner, Specialised on Criminal law, Parliament, Poland
44. Witold Klaus Professor, Specialised on Criminal law, Academia, NGO- Civil society, Poland
45. Wojciech Burek Professor, Specialised on EU law, International Law, Academia, Poland/Germany
46. Anita Kucharska-Dziedzic Member of Parliament, Specialised on EU law, NGO- Civil society, Poland
47. Monika Ksieniewicz-Mil PR Manager, Specialised on PR, NGO- Civil society, Poland
48. Laura Pastor Legal Advisor, Specialised on EU law, International Law, Legal Counselling Services, Belgium
49. MARIA JOSE CARRETERO GONZALEZ Lawyer, Specialised on Criminal law, FAMILY LAW, Private Law Firm, NGO- Civil society, Spain
50. Dagmara Woźniakowska Professor, Specialised on Criminal law, Criminology, Academia, Poland
51. Katarzyna Wilkołaska Lawyer , Specialised on EU law, Constitutional Law, International Law, Expert, Poland
52. Dovilė Maslaksienė Lawyer, Specialised on family law, NGO- Civil society, Lithuania
53. Lidia Mazowiecka President of the Management Board, Victim Support Foundation, Specialised on Criminal law, NGO- Civil society, Poland
54. Emilija Kazanceve Psychologist, lawyer, consultant, Specialised on EU law, International Law, Private Law Firm, Legal Counselling Services, NGO- Civil society, Lithuania
55. Gabrielė Šinkonė Attorney at law, Specialised on Criminal law, Commercial litigation, Labor law, Family law, Family business strategist, Inheritance law, Private Law Firm, Lithuania
56. Lina Miežinienė lawyer, Specialised on Criminal law, Private Law Firm, Lithuania
57. Lara Dimitrijevic Lawyer, Specialised on Criminal law, Civil, Legal Counselling Services, NGO- Civil society, Malta
58. Agata Czarnacka Writer, Specialised on Constitutional Law, International Law, Combatting gender-based violence, NGO- Civil society, Media, Poland
59. Kaltrina Shala Manager Political Dialogue and Legislative Processes, Weizenbaum Institute, Specialised on EU law, Constitutional Law, International Law, ICT Law, Research Institute, Germany
60. Dr Claire Fourçans EU Law Public affairs, Specialised on EU law, Criminal law, NGO- Civil society, Belgium
61. Mtr. Isabelle Steyer Lawyer, Specialised on EU law, Criminal law, Private Law Firm, France
62. Prof. Dr. Sc. Snježana Vasiljević Professor M. Phil (Cantab) University of Zagreb - Faculty of Law, Specialised on EU law, Constitutional Law, Academia, Croatia
63. Liam Boylan Lawyer, Specialised on Antitrust, Private Law Firm, UK / Belgium
64. Aslihan Tekin Ozgen Lawyer, Independent Consultant , Specialised on EU law, Constitutional Law, International Law, Digital rights, NGO- Civil society, Belgium and Türkiye
65. Anna Grędzińska Gender equality specialist, Specialised on EU law, gender equality, diversity and inclusion, Academia, Poland
66. Carmen MUÑOZ Professor, Specialised on International Law, Academia, Spain
67. Daniela Stojkovic Self employed , Specialised on Dutch administrative law, Self employed, but working for Dutch Childcare benefits scandal agencie(s), Netherlands
68. Maria Paz de la Usada Pampliega Lawyer, Specialised on Criminal law, , Spain
69. Dijana Malbasa Master of Laws (LL.M.), Specialised on Gender equality and Family law, NGO- Civil society, Serbia
70. ANDREA SPADA JIMENEZ Professor Malaga University, Specialised on EU law, International Law, Criminal law, PROCEDURAL LAW, CRIMINAL AND CIVIL PROCEEDINGS, Academia, Spain
71. Rosa Maria Fernández Sansa Professor History, Specialised on Law, NGO- Civil society, Spain
72. Patricia Viviana Ponce Pascuale Directora y gestora de programas de mujeres , Specialised on Women DDHH , NGO- Civil society,
73. FÓRUM DE POLÍTICA FEMINISTA NGO, Specialised on EU law, Spain
74. Asociacion Feminista Mercedes Machado NGO, Specialised on National law, Education, NGO- Civil society, Spain
75. Olga María Barrera Trujillo Presidenta Federación de Asociaciones de Mujeres Arena y Laurisilva, Specialised on EU law, NGO- Civil society, Spain
76. Gloria Alarcon García Professor , Specialised on EU law, Academia, Spain
77. Coordinadora de Mujeres para la participacion y la igualdad COMPI Coordinadora de asociaciones mujeres, Specialised on Criminal law, ADvocacy , NGO- Civil society, Spain
78. Lucy Polo Castillo Presidenta , Specialised on EU law, NGO- Civil society, Spain
79. María Acale Sánchez Catedrática de Derecho penal (Universidad de Cádiz), Specialised on Criminal law, Academia, Spain
80. JUAN MARIA TERRADILLOS Professor emeritus, Specialised on Criminal law, Academia, Spain
81. Laura Chiticariu Lawyer, Specialised on Criminal law, Legal Counselling Services, NGO- Civil society, Romania
82. Efthymia Ioannidou Lawyer , Specialised on EU law, Private Law Firm, NGO- Civil society, Greece
83. Patricia Faraldo Cabana Professor of Criminal Law, Specialised on Criminal law, Academia, Spain
84. Grzegorz Wrona Council, Specialised on Criminal law, Court, Poland
85. Vicenta Monge Retired, Specialised on Equality Legislation, NGO- Civil society, Spain
86. Nuria Arenas Professor International Law, Specialised on EU law, International Law, Academia, Spain
87. Maria Luisa Alvarez Licenciada en Derecho, Specialised on EU law, , Spain
88. Jana Javornik Academic, Specialised on gender equality and EDI in the labour markets , Academia, NGO- Civil society, United Kingdom / Slovenia
89. Andreja Gomboc Professor, Academia, Slovenia
90. Laura Elena Chiticariu lawyer, Specialised on Criminal law, CIVIL LAW, Private Law Firm, NGO- Civil society, Romania
91. Michelle Nipps-Gros Physiotherapist, Specialised on medical, medical rehabilitaion, France
92. Katarina Bervar Sternad Lawyer, NGO Director , Specialised on Human Rights law, NGO- Civil society, Slovenia
93. María Nieves Saldaña Díaz Professor on Constitutional Law, Specialised on Constitutional Law, Academia, Spain
94. María del Rosario Gómez López Profesora de Derecho Penal , Specialised on Criminal law, University, Spain
95. Ph.D. Ciril Ribičič Former Judge of the Constitutional Court in Slovenia, Specialised on EU law, Constitutional Law, Court, Slovenia
96. Melanie Kocsan-Göschl Legal expert, Specialised on Labour Law, chamber of labour, Austria
97. Alice Wagner Senior Policy Officer, Specialised on EU law, Labour Organisation, Belgium
98. Eliana Zatschler Secretary General, Specialised on EU law, NGO- Civil society, Belgium
99. Piotr Pawłowski Legal advisor, Specialised on Criminal law, Medical Law, Educational Law, Private Law Firm, NGO- Civil society, Poland
100. Charlotte Olhausen European Union of the Deaf Policy Officer, Specialised on EU law, NGO- Civil society, Belgium
101. Nicole Reiter Mag., Specialised on EU law, Chamber of Labor, Austria
102. Isabella Heugl Mag, Specialised on Employment Law, NGO- Civil society, Austria
103. Sandra Konstatzky Head of Nationa Equality Body, Specialised on EU law, National Equality Body, Austria
104. Evelyn Regner Vice President of the European Parliament, Specialised on EU-Arbeitsrecht & Gesellschaftsrecht, MEP (S&D Austria), EU
105. Ludwig Dvorak Bereichsleiter , Specialised on EU law, Labour Law, Trade Union, Chamber of Labour, Austria
106. Ruth Ettl Legal Counsellor, Specialised on Labour Law, Trade Union, Austria
107. Titti Carrano Lawyer, Specialised on International Law, Private Law Firm, Italy
108. SophiaMarcian-Eroglu, Lawyer, specialised on Social Law, Austria
109. Ms Rita Tomaszewska, specialised in EU Law and International Law, Poland
110. Katarzyna Lastimosa, Specialised in Sociology, Poland
111. Olivia Sormunen, Switzerland
112. Villemo Laukkanen, Writer, Specialised on Women Studies, Finland
113. Claudia de Castro, Political science & gender studies, Belgium
114, Amélia Pinto Jurist , Specialist on EU law, International Law, Portugal
115. Marta Queirós, Judge, specialised in Family and children’s law, Portugal
116. Hanna Garcia Landa Belgium
117, Mafalda Coelho, lawyer, Specialised in Family law, in Portugal
118. Mariana Pereira Jurist, Specialised in Labour Law, Portugal
119. Joana Carvalho , Jurist, Specialised in EU Law, Portugal
120. Laura Falcão, Lawyer, Specialist in Criminal Law, Portugal
121. Ana da Cunha Arantes, Lawyer, Specialised in EU law, International Law in Portugal
122. Mónica Silva, Law student , Specialised in Criminal law, Portugal
123. Mathias Couturier, Maître de conférences en droit privé et sciences criminelles, specialised in Criminal law, Academia, France
124. Sara Falcão Casaca , Professor, Portugal
125. Helena Almeida Professor and researcher Portugal
126. Joana Sousa Ribeiro , Professor, Academia Portugal
127. Pedro Krupenski , Jurist , specialised in International Law, Criminal law, Portugal
129. Benilde Moreira, Professor, specialised on EU law, Constitutional Law, International Law, Portugal
130. Francisca Soromenho Ascens, Guest Lecturer and Jurist , specialised in International Law, History of Law, Sociology of Law, Women’s Rights, Portugal
131. Evrim İnan , Lawyer, specialised on women’s rights, Turkey
132. Gülnur Yılmaz, Specialised in Constitutional Law, Turkey
133. Elsa Papadopoulou, Legal Advisor, specialsied in EU law, Belgium
134. Marion Maurer, Lawyer, Germany
135. Regina Frey , Gender Equality Expert, Pol. Science Germany
136. Amandine Sbidian , lawyer, Specialist in Criminal law , France
137. Johanna Nejedlová , specialist on Criminal law and founder of Konsent org, expert on sexual violence, Czech Republic
138. Margarete Hofmann, Honorary Director-General of the European Commission. Member of the Expert Commission European und International Law of German Women Lawyers Association (Deutscher Juristinnenbund - djb) Germany
139. Leokadia Melchior, Lawyer, specialist on International Law, German Women Lawyers Association (Deutscher Juristinnenbund - djb).
ENDS------------------------------------------------------------------------------------
[1] Proposal for a Directive of the European Parliament and of the Council of 8 March 2022 on combating violence against women and domestic violence, COM(2022)105, 2022/0066(COD), available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022PC0105.
[2]Opinion of the Legal Service of the Council of the European Union of 31 October 2022 (14277/22), available at: https://data.consilium.europa.eu/doc/document/ST-14277-2022-INIT/en/pdf.
[3] Treaty on the European Union (OJ C 202, 7.6.2016).
[4] Treaty on the Functioning of the European Union (OJ C 202, 7.6.2016).
[5] Charter of Fundamental Rights of the European Union (OJ C 202, 7.6.2016).
[6] Council of Europe Convention on preventing and combating violence against women and domestic violence, signed in Istanbul on 11 May 2011, Council of Europe Treaty Series - No. 210, available at: https://rm.coe.int/168008482e.
[7] Id., para. 14.
[8] Commission Staff Working document:Subsidiarity Grid Accompanying the document Proposal for a Directive on combating violence against women and domestic violence of 8 March, 2022, SWD(2022) 60 final, available at: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2022:0060:FIN:EN:PDF;
Commission Staff Working Document: Impact Assessment Accompanying the document Proposal for a Directive on combating violence against women and domestic violence of 8 March 2022, SWD(2022) 62 final, available at [https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2022:0062:FIN:EN:PDF;]
Commission Staff Working Document: Follow-up to the second opinion of the Regulatory Scrutiny Board and additional information the document Proposal for a Directive on combating violence against women and domestic violence of 8 March 2022 (SWD) 61 final, available at https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2022:0061:FIN:EN:PDF; and
Commission’s Directorate-General for Justice and Consumers, Sosa, L., De Vido, S., Criminalisation of gender-based violence against women in European states, including ICT-facilitated violence – A special report, Publications Office, 2021, available at https://data.europa.eu/doi/10.2838/960650
[9]General Approach of the Council of the European Union of 15 June 2023,10717/23, available at: https://data.consilium.europa.eu/doc/document/ST-10717-2023-INIT/en/pdf
[10] Joint statement by Belgium, Greece, Italy and Luxembourg for the COREPER and Council minutes on the general approach on the proposal for a directive of the European parliament and the Council on combating violence against women and domestic violence of 31 May 2023, 9305/23 ADD 1, available at https://data.consilium.europa.eu/doc/document/ST-9305-2023-ADD-1/en/pdf#:~:text=Belgium%2C%20Greece%2C%20Italy%20and%20Luxembourg%20strongly%20support%20the%20European%20Commission%27s,must%20be%20addressed%20in%20unison.
[11] Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
[12] European Commission Staff Working Document, SWD(2022) 61 final (n 8).
[13] 4th General Report on GREVIO’s Activities covering the period from January to December 2022, available at:
https://rm.coe.int/4th-general-report-on-grevio-s-activities/1680aca199.
[14] Id.
[15] Para. 45 of the Legal Service Opinion (n 2).
[16] Id. para. 39.
[17] Id., para. 40.
[18] Para.14 of the Preamble of the Istanbul Convention (n 6).
[19] See, for instance, Articles 10 and 19 TFEU, and Article 21 of the Charter of Fundamental Rights of the EU. See also judgement of 16 December 2008, Arcelor Atlantique et Lorraine a.o., C-127/07, EU:C:2008:728, para. 23 and the case-law cited.
[20] Directive (EU) 2022/2381 of the European Parliament and of the Council of 23 November 2022 on improving the gender balance among directors of listed companies and related measures (Text with EEA relevance), available at: https://eur-lex.europa.eu/eli/dir/2022/2381/oj.
[21] Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU, available at:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32019L1158.
[22] European Court of Justice (ECJ), Cases 17/74 Transocean Marine Paint Association v Commission [1974] E.C.R. 1063, para. 21; ECJ Joined Cases C-68-94 and C-30/95 France and Others v Commission [1998] E.C.R. I-1375, paras. 251-259.
Letter initiated by the European Women’s Lobby (EWL) and supported by the European Women’s Lawyers Association (EWLA).
The EWL is particularly grateful to professors Sara De Vido, (Ca’ Foscari University, Venice) and Teresa Freixes (Autonomous University of Barcelona) for their advises and support; and to Wilson Sonsini Goodrich & Rosati (WSGR) and Deirdre Carroll, Laurine Daïnesi Signoret who provided valuable pro bono assistance for this letter.
