During his confirmation hearing as the Commissioner-designate for Democracy, Justice and the Rule of Law, Michael McGrath expressed his commitment to strengthening the protection of women and girls from gender-based violence across the EU. He emphasized that rape is an abominable crime and that the EU still has work to do in combating violence against women and girls. McGrath stated that there needs to be uniformity and consistency across member states in addressing this issue, suggesting that further common legislation may be considered to criminalize gender-based violence at the EU level. He acknowledged the importance of implementing the first-ever EU law to combat violence against women, which included new penalties for offenders and rules against forced marriage and female genital mutilation.

The new EU rules to combat violence against women and domestic violence, which member states must implement by 2027, were a significant step in addressing this issue. However, the omission of rape as a Euro crime due to a lack of consensus among member states raised concerns. McGrath highlighted the need for equal criminalization of rape across the EU and mentioned the concept of consent as an important factor in tackling this issue. The EU Commission’s directive aimed to unify rules criminalizing a range of offenses, including cyber violence, female genital mutilation, and rape. Despite disagreements between the European Parliament and the Council, the Parliament eventually accepted the proposal in order to move forward and strengthen women’s rights. McGrath stressed the importance of this moment as a historic step towards a future where every woman can live free from fear and oppression.

The agreement between the Parliament and the Council included provisions for the Commission to report every five years on the situation of women and girls in the EU and the need to review the Directive. Statistics show that two in ten women in the EU have experienced physical and/or sexual violence at the hands of a partner or friend, with gender-based violence also being linked to a societal cost of €290 million at the EU level. McGrath’s pledge to address this issue at the EU level reflects a commitment to combatting violence against women and girls, acknowledging the ongoing challenges and the need for collective action to protect the rights and safety of individuals across the EU.

The proposal to criminalize non-consensual sex in the EU directive faced challenges and disagreements, with the Council questioning the bloc’s legal competence to address this issue. Despite these obstacles, the Parliament and Council worked towards finding a solution that would advance the protection of women’s rights and combat gender-based violence. McGrath’s willingness to consider further common legislation to criminalize gender-based violence at the EU level demonstrates a proactive approach to addressing this critical issue. By emphasizing the importance of consent-based definitions of rape and the need for uniformity across member states, McGrath’s stance reflects a commitment to ensuring the safety and well-being of women and girls in the EU.

Overall, McGrath’s confirmation hearing highlighted the ongoing efforts to strengthen the protection of women and girls from gender-based violence across the EU. The need for consistency and uniformity in addressing this issue, as well as the importance of implementing the first-ever EU law to combat violence against women, were key points of discussion. Despite challenges and disagreements, the agreement between the Parliament and the Council on the directive reflects a shared commitment to advancing women’s rights and addressing the societal costs of gender-based violence. McGrath’s pledge to consider further common legislation to criminalize gender-based violence at the EU level underscores the importance of collective action in combatting this issue and ensuring the safety and well-being of individuals across the EU.

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