Workshop – Gender-based violence against women by Sara De Vido and Lorena Sosa
The workshop was presented by Sara De Vido, Associate Professor of International Law, Ca' Foscari University of Venice, Italy and Lorena Sosa, Assistant Professor of International Law, Utrecht University (SIM/UCERF), the Netherlands.
The basis for this workshop was their thematic report Criminalisation of gender-based violence against women in European States, including ICT-facilitated violence published in November 2021. The aim of the report is to carry out a comparative analysis of the criminal law provisions that are applied to gender-based violence against women, including domestic violence and online violence, at national level in Europe. It explores whether gender-based violence against women (GBVAW) is defined as a form of discrimination or a violation of the principle of equality. The report identifies and defines ICT-facilitated violence and takes as examples two forms: non-consensual dissemination of intimate/private/sexual images, and hate speech based on gender. It also examines general aspects of enforcement and sanctioning that are particularly salient in the context of combating gender-based violence against women and domestic violence.
The main finds of their research, which were presented at the workshop, are:
- the great diversity of approaches in the way states criminalise (different forms of) GBVAW;
- the trend towards criminalisation with regard to some crimes, either in response to the Istanbul Convention or in response to the increasing use of ICT;
- the lack of recognition of GBVAW as gender inequality/discrimination;
- the use of gender-neutral definitions;
- reliance on general offences and the gender-neutral approach;
- the fact that a digital dimension of the crimes is mainly included as an aggravating circumstance;
- the inefficient prohibitions and insufficient protection.
The speakers concluded with the question as to whether there is a need for more EU law.
Powerpoint Gender-based violence against women by Sara De Vido and Lorena Sosa (PDF)