Building a common European front against gender-based violence
On the (25 November), the publishes a study that examines the criminal legislation of 31 European states on gender-based violence against women (GBVAW). Lorena Sosa, assistant professor at the Netherlands Institute for Human Rights (SIM) co-authored this international comparative study coordinated by Utrecht 木瓜福利影视.
Every day, women all over Europe are confronted with different forms of violence. Violence that scars their bodies, produces indelible marks on their psyche, silences them and removes them (also) from the digital world. Violence is almost always widely condemned, but much less frequently prosecuted, and even then the perpetrators are rarely punished for their actions. The stigma that violence carries, along with the fear of not being heard or believed, leads to fewer women reporting it.
Our study indicates that despite some EU Parliament Resolutions, the level of protection offered to women by national laws varies greatly.
Criminalisation of gender-based violence against women in European States, including ICT-facilitated violence
Authors: Sara De Vido and Lorena Sosa
Utrecht 木瓜福利影视 has been coordinating the gender equality stream of the for many years. The UU coordination team consists of Linda Senden, Alexandra Timmer, Franka van Hoof and Birte B枚枚k. This report was commissioned by the European Commission from the European Equality Law Network.
The institutional response to gender-based violence against women (GBVAW)
In the study, researchers from Utrecht 木瓜福利影视 and other universities examined the criminal laws of 31 European states on gender-based violence against women, including ICT-facilitated violence. The researchers' main conclusion is that how to respond to violence in Europe is mainly determined at the national level and the level of protection offered to women by these national regulations varies widely.
The report focuses on different forms of gender-based violence against women.
Domestic violence disproportionately affects women
Although all states have the ability to criminalize cases of domestic violence, most countries use gender-neutral definitions of domestic violence without acknowledging that domestic violence disproportionately affects women. This lack of awareness of the gendered nature of violence affects the number of prosecutions and final sentences imposed.
Sexual violence
Sexual violence, including rape, is also addressed in very different ways across Europe. In some states, sexual violence requires the use of force (and thus resistance to the assault), while in others any non-consensual sexual act is considered an assault. The age of sexual consent also varies. For example. Someone may be legally considered a victim of rape in their home country, but not in their vacation destination, or vice versa.
ICT-facilitated violence
Hateful messages disseminated online, private images shared without the consent of the women depicted, persistent messages threatening certain unwanted conduct are just some examples of violence perpetrated through ICT. Only one state has a specific definition of online violence against women. The remaining states have either adopted specific legislation covering certain forms of ICT-facilitated violence or amended existing law to include the online dimension as an aggravating circumstance of regular offline crimes.
Studies and data show that women and girls are the main target of online digital sexual violence. The analysis shows that only 11 countries have specifically criminalized this behavior in their criminal codes.
Hate speech
Hate speech based on gender and sex is dramatically increasing, affecting women and girls in all countries of the world. From politicians to journalists, from academics to women who want to share their opinions and thoughts on the Internet. The criminalization of hate speech based on sexual orientation and gender identity is quite widespread in Europe (23 out of 31 countries), compared to only 14 states that have explicitly recognized gender or sex as a ground for hate speech. The problem - again - is the digital dimension. Very few states appear to have laws regulating the online dimension of the crime as an element of the crime or an aggravating circumstance.
The current political climate
In addition to the shortcomings identified at the national level, actions to combat violence against women have had major drawbacks. The inherent complexity of violence poses a challenge. Persistent gender stereotypes and structural discrimination prove extremely difficult to eradicate. In addition to these systemic problems, the pandemic has not made things easier: the urgency of the pandemic has put measures on hold that directly or indirectly affect the rights of women and girls, and the commitment to address violence against women.