New EU legislation still leaves migrant women at risk of violence

On Tuesday, May 7, European Union (EU) countries backed the bloc’s first law on combating violence against women and girls (VAWG). However, the text was far removed from enshrining intersectional feminist justice. In particular, racist border formation in the EU will continue to expose migrant women to the threat of gender-based violence.

New EU law on VAWG

At first glance, the new law has taken a number of important steps in tackling VAWG.

In concrete terms, the sweeping law aims to protect women in the 27 countries of the EU from gender-based violence, forced marriage, female genital mutilation and online harassment. In addition, it contained provisions on non-consensual sharing of intimate images, cyber stalking and harassment, and cyber incitement to hatred or violence.

Essentially, it criminalizes these crimes and sets minimum sentences – ranging from one to five years in prison, depending on the crime.

Furthermore, as described in the European Council press release:

The directive also includes an extensive list of aggravating circumstances, such as committing the crime against a child, a former or current spouse or partner or a public representative, a journalist or a human rights defender, which carries heavier penalties.

Moreover, it also contains rules on “assistance and protection” measures that countries must provide to victims of gender-based violence.

However, the new law fell short in a number of crucial areas. Most strikingly, countries have been controversially derailed from agreeing to a consent-based definition of rape at EU level.

The bloc was divided when this was included in the directive. Countries including Italy and Greece that wanted a definition of rape in the final text. Meanwhile, countries such as France and Germany opposed its inclusion, arguing that the EU had no competence in the matter.

Exposing migrant women to racist immigration

A group of human rights and women’s equality organizations praised aspects of the new law. However, they have also highlighted its major shortcomings.

In particular, they have undermined EU law over its failure to protect migrant women. The group, which includes Amnesty International and Women Against Violence Europe (WAVE), said:

EU lawmakers have once again silenced women affected by EU migration policies. The only concrete step forward for migrant women is that the text obliges Member States to make shelter available to all women experiencing domestic violence, regardless of their residence status.

Nevertheless, we condemn that the final text does not contain provisions on the protection of the personal data of undocumented women against transfer to immigration authorities (neither in the context of access to reception centers nor in terms of access to justice).

Member States should ensure that women are not deterred from going to the police because of their residence status, by including access to safe reporting in the ongoing review of the Victims’ Rights Directive

Worse still, in February a leaked version of the new EU directive showed that this did not have to be the case. Instead, the earlier text actually contained a non-disclosure clause. This would have prevented a collusion between domestic violence services and immigration authorities.

Ultimately, the bloc’s white supremacist Fortress Europe has always persecuted migrants seeking safety. So it’s no surprise that anti-migrant racism in Europe is once again putting vulnerable lives at risk. As always, it shows that there can be no feminist justice without immigrant justice.

Feature image via Youtube – European Commission

Additional reporting by Agence France-Presse