Implementation of the Istanbul Convention in the Member States: the 'La Manada' case

EN E-002527/2018 E-002589/2018 Answer given by Ms Jourová on behalf of the Commission (18.7.2018) The Commission deplores all acts of violence including sexual violence or rape. Combating gender-based violence and supporting and protecting victims of violence is a priority of the Strategic Engagement for gender equality 2016-2019. Within Union competences and in line with the EU's Charter on Fundamental Rights, the Union has adopted legal measures which effectively ensure the rights of women victims of gender-based violence, in particular the Directive 2012/29/EU on the rights of crime victims, which provides for protection and support for all victims of crime. The Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention) provides minimum common standards for the prevention, detection and criminalisation of different forms of violence against women. Article 36 of the Convention criminalises non-consensual acts of sexual violence, including rape, and is clear that consent must be given voluntarily as the result of the person's free will assessed in the context of the surrounding circumstances. The Convention is legally binding for the 19 Member States which already ratified it, including Spain which ratified on 10 April 2014. The European Union is in the process of acceding to the Convention within the limits of the exclusive competences of the Union. As the criminalisation of sexual offenses falls under national competence, the Commission cannot take any legislative initiative aimed at establishing minimum rules concerning the definition of such offences or sanctions.