MEPs, yet again, call for consent-based rules

On Monday evening, MEPs debated the “Need to fight the systemic problem of gender-based violence in Europe” in Strasbourg, with outgoing Equality Commissioner Helena Dalli in attendance. This afforded first-time and returning members an opportunity to contribute to a longstanding debate, though without the heads of national governments who torpedoed genuine progress.

Earlier this year the Council, spearheaded by the wishes of the German and French governments, failed to reach any compromise on Article 5 in the proposed Combating Violence against Women and Domestic Violence Directive (CVAWDV). Their main objective? Omitting the criminalisation of rape based on a lack of consent from the text.

After months of intensive negotiations, the European Parliament’s co-rapporteurs, MEP Frances Fitzgerald and MEP Evin Incir, labelled the Council position as “shameful”, while calling on governments to follow the wishes of their citizens in delivering the text put forward by the Commission and Parliament.

The result left Parliament in the unenviable position of ratifying a text without the inclusion of this key article, despite a possibility to review the clause in future. Understandably, the debate centred on the need for measures similar to Article 5, with S&D’s Evin Incir and the Left’s Manon Aubry both calling for consent-based rape legislation.

MEP Incir noted that 55% of women have experienced sexual harassment, with nearly half of these having occurred in the workplace. In our initial assessment, amendments and discussions with stakeholders, Eurocadres consistently noted that the CVAWDV lacked a clear workplace dimension, subsequently winning concessions that would benefit workers with the help of co-rapporteur Incir.

Unfortunately, in addition to removing consent-based articles, the Council voted to leave workers in the lurch yet again.

All this resulted in groundhog day for progressives in the Parliament, demanding more action without those blocking progress in the Council in attendance. Intent on embarrassing themselves, far-right MEPs used the debate to peddle false narratives about migration, while those in favour of supporting workers await other Commission initiative when the college is set.

In essence, we need to deliver what was previously agreed, rather than debate further, to protect European citizens.