The European Parliament in the Fight Against Gender-Based Violence: A Historic Legislative Revolution

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Gender-based violence remains a major human rights challenge in EU, requiring coordinated policies, stronger legislative frameworks to ensure protection and equality.

On 14 May 2024, the European Parliament and the Council adopted Directive (EU) 2024/1385, the first EU-level legislation establishing a comprehensive legal framework for the prevention and combating of violence against women and domestic violence across all Member States. The Directive aims to ensure a minimum level of protection throughout the EU by strengthening criminal justice responses and victim support practices. EU countries are required to transpose the Directive into their national legislation by 14 June 2027, with the measures to be applied from that same date.


At a time when gender-based violence remains one of the most widespread violations of human rights within the EU, the European Parliament took this historic step to establish common standards of protection across all Member States.


The New European Legal Framework for Combating Gender-Based Violence


According to several EU-wide studies, one in three women has experienced some form of physical or sexual violence since the age of 15. Millions of women and girls are victims of gender-based violence. Gaps in prevention, the prosecution of perpetrators, and victim support have created disparities in legal protection and definitions across the EU.


The Directive’s key features include the criminalisation of certain offences across the EU, such as female genital mutilation, forced marriage, the non-consensual sharing of intimate images (cyber-exploitation), cyberstalking, online harassment, and gender-based abuse. It also establishes standards for the protection and support of victims, ensuring their access to protective measures. In addition, it promotes coordination for the adoption of national action plans, the designation of coordinating bodies, and the collection of data to strengthen the prevention of and protection against violence against women and domestic violence.
While the Directive focuses primarily on violence against women, it also applies more broadly to domestic violence affecting people of all genders, recognising its intersectional nature.


A particularly significant aspect of the new Directive is the criminalisation of specific forms of online gender-based violence. In light of the digital era and the rapid increase in such forms of abuse, online harassment, the non-consensual sharing of personal images, and incitement to violence are among the clear provisions supported by the European Parliament. In this way, the Parliament recognises digital violence as a serious criminal offence.
With regard to victim protection, the Directive sets minimum standards for access to shelters, specialised helplines, legal assistance, and psychological support.
The regulation also strengthens preventive measures. It requires Member States to implement awareness-raising campaigns, professional training for police and judicial authorities, as well as educational initiatives aimed at challenging harmful gender stereotypes. The Parliament has repeatedly emphasised that combating violence requires long-term cultural change.


Although discussions regarding the legal basis of certain provisions were complex, particularly concerning the inclusion of rape within a consent-based definition, the Parliament maintained a firm position in favour of stronger protective measures. Even where compromises were necessary, Members of the European Parliament succeeded in establishing a comprehensive and binding framework that represents a turning point in EU gender equality policy.


The Significance of the Directive for European Policy and Fundamental Rights


This Directive reflects the broader commitment of the European Parliament to human rights, equality, and social justice. By placing gender-based violence high on the European agenda, the Parliament reinforced the message that safety, dignity, and equality are fundamental pillars of the European project. As implementation begins, continuous monitoring and political will at both EU and national levels will be crucial in transforming legislative progress into tangible protection for women and girls across Europe.


The Directive represents a significant step forward in European policy, translating decades of commitments—including the EU’s accession to the Istanbul Convention—into concrete legal obligations that enhance prevention, punishment, and victim support throughout the Union.
Beyond its immediate legal implications, the Directive marks an important step toward greater harmonisation of criminal law across the European Union in areas that directly affect fundamental rights. While criminal law has traditionally remained within the competence of Member States, the adoption of Directive (EU) 2024/1385 demonstrates how EU institutions can play a decisive role when cross-border challenges require coordinated responses. Gender-based violence increasingly transcends national borders, particularly in the digital sphere, where abusive content, harassment, and exploitation can spread rapidly across jurisdictions. By introducing common definitions and minimum penalties for specific offences, the Directive reduces legal fragmentation and facilitates cooperation among national authorities in investigation and prosecution.


The Directive also places particular emphasis on protecting especially vulnerable groups, recognising that violence against women may intersect with other forms of discrimination, including those based on ethnicity, disability, migration status, sexual orientation, or socioeconomic background. By encouraging Member States to adopt an intersectional approach when designing support services and prevention strategies, the legislation acknowledges that victims’ experiences are not uniform and that effective protection requires tailored responses.


This reflects the European Union’s broader commitment to inclusive equality policies and reinforces the need for victim-centred approaches within criminal justice systems.
Finally, the legislative process that led to the adoption of the Directive demonstrates the growing political consensus within the European Union regarding the urgent need to address gender-based violence. Negotiations between the European Parliament, the Council, and the European Commission highlighted both the institutional challenges and the determination of EU actors to achieve a concrete legislative outcome. Consequently, the Directive not only establishes new legal standards but also signals a broader shift in European policymaking, where combating gender-based violence is increasingly recognised as a central component of democratic governance, human rights protection, and social cohesion across the Union.

 

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