..and against domestic violence. We are all aware that this is a huge problem, which grips our society, as is frequently reported in the news.
It therefore seems right to me that in the European context, the Directive No. 2024/1385/EU of 14 May 2024, which has just come into force on 13 June 2024, has been added to the existing rules to prevent and combat violence against women and domestic violence throughout the European Union.
The directive introduces new provisions for the definition of offences and punishments, the protection of victims and access to justice, assistance to victims, data collection, prevention, coordination and cooperation among the member states.
The new directive ties in with the European Union's international commitments to combat and prevent violence against women and domestic violence and creates a specific reference standard for this phenomenon. It starts by defining what violence against women is, i.e. 'any act of gender-based violence perpetrated against women, girls or children solely because they are women, girls or children, ............, which causes or is likely to cause physical, sexual, psychological or economic harm or suffering...' but also domestic violence, which is defined as 'any act of physical, sexual, psychological or economic violence, committed within ....... the family unit, regardless of family ties ....... whether or not the perpetrator cohabits or has cohabited with the victim' .
Within this definition, genital mutilation is specifically included; as well as forced marriage, non-consensual sharing of intimate or manipulated material, online stalking, online harassment, incitement to violence or online hatred, thus joining national laws, including Italian ones, that already sanction many acts of violence such as feminicide, sexual violence and harassment, stalking, early marriages, forced abortion, forced sterilisation and different forms of online violence, as well as crimes of domestic violence.
The member states will also have to facilitate the reporting to the competent authorities of acts of violence, of which third persons are aware or suspect, with particular protection for minors, victims of violence or complainants.
Apart from sanctions and other legal and judicial elements, I believe it is very important that in situations of immediate danger to the health or safety of the victim, the competent authorities will have the power to issue, without undue delay, measures ordering the offender or suspect of crimes of violence to move away from the victim's residence and prohibiting that person from entering the victim's residence or workplace, or from approaching the victim beyond a predetermined distance, or from contacting the victim in any way.
Personally, I believe that in order to solve this serious problem, it is necessary to educate people, starting from childhood, in the family and in schools; the European directive also provides for targeted awareness programmes aimed at children; spreading information on preventive measures, victims' rights, access to justice; fighting harmful gender stereotypes; promoting gender equality, mutual respect and the right to personal integrity. The European directive will have to be implemented into national legislation by 2027, although in these areas the member states are quite ready.
In short, there is a long way to go, but if we are all committed, I am confident that we will succeed.
last update July 2024