Paving the way for a culture of consent
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 22 April 2026 (14th sitting) (see Doc. 16370, report of the Committee on Equality and Non-Discrimination,
rapporteur: Ms Zita Gurmai). Text adopted
by the Assembly on 22 April 2026 (14th sitting).
1. In a post #metoo context, the fight
against gender-based violence, including sexual violence, has gained visibility
at the political and societal levels. The issue of consent in sexual
relations, considered for too long a taboo, has made the headlines
of mainstream media and led to broad public debates. Consent has
become an issue of political concern and can no longer be sidelined
or undermined.
2. The Parliamentary Assembly stresses the importance of including
free and informed consent in national legislation on preventing
and combating sexual violence. It calls for the end of impunity
for perpetrators of gender-based violence, the end of rape culture
and a global change of mindsets. The Assembly is deeply concerned
by the phenomenon of impunity for the elite and the structural impunity
which protects perpetrators of sexual violence. Such impunity cannot
be tolerated or prevail: the silence protecting perpetrators of
sexual violence puts lives in danger and is an attack on human dignity
and personal integrity.
3. Socialisation patterns, gender norms and perceptions of sexual
communication influence how individuals interpret consent in their
daily lives. Consent has multiple dimensions, it can never be forced
nor assumed and should be understood depending on surrounding circumstances.
Specific attention needs to be paid to disability, age, origin,
sexual orientation, sex characteristics and social status. Economic
dependency, chemical submission or structural discrimination can
create situations of vulnerability and are obstacles to the expression
of free consent. An absence of reaction is not equivalent to consent.
Additional protections also apply where children are concerned:
any sexual activity with a child below the legal age for sexual
activities is a crime. Children above the legal age for sexual activities
must also be protected against the use of coercion, force, threats,
abuse of a recognised position of trust, authority or influence,
or abuse of a particularly vulnerable situation of the child, irrespective
of their purported consent.
4. Each and every individual bears the responsibility of committing
to the fight against sexual violence and to integrating the principle
of free and informed consent in interpersonal relationships, as
a marker of fundamental respect. Building a culture of consent involves
challenging sexism and so-called traditional gender roles and is
a key element in the fight for gender equality and against gender-based
violence.
5. Attacks on women’s rights, attempts to control women’s bodies
and behaviour, gender-based violence, including sexual violence,
disrespect for women’s work, their elected functions and their place
in society all aim at undermining women’s rights, their empowerment
and bodily autonomy, and at downgrading their achievements. These
attacks are perpetrated with a view to sustaining a patriarchal
organisation of society and have intensified in recent years to
constitute a backlash in increasingly polarised societies. The Assembly expresses
its concern at the worrying change in attitudes related to the fight
against patriarchy in younger generations. Promoting a culture of
consent is a way of combating these phenomena.
6. The Council of Europe Convention on Preventing and Combating
Violence against Women and Domestic Violence (CETS No. 210, “Istanbul
Convention”) clearly establishes in its Article 36 that sexual violence
and rape are defined by the absence of consent. Several member States
have changed their national legislation to bring it in line with
the provisions of the Istanbul Convention, but not all have included
the notion of consent in their national legislation. Referring to
its
Resolution 2649 (2026) “Promoting
the Istanbul Convention and improving its implementation: building
on lessons learnt”, the Assembly reiterates its support for the
Istanbul Convention. It denounces the myths surrounding the content
of the Istanbul Convention and its political instrumentalisation,
which are detrimental to the protection of women survivors’ rights
and to women’s rights in general. The Assembly calls for the full
implementation of the Istanbul Convention.
7. The Council of Europe Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse (CETS No. 201, “Lanzarote
Convention”) requires States to criminalise all forms of child sexual exploitation
and sexual abuse, in addition to consent-based definitions of sexual
violence and rape. The Assembly also calls for the implementation
of the Lanzarote Convention.
8. Working on consent must not be an isolated action, but part
of a comprehensive set of measures necessary for building a more
equal society and combating deeply rooted gender stereotypes. The
Assembly refers to its
Resolution 2490 (2023) “Innovative
approaches to sexual and reproductive health and rights” and reaffirms
that comprehensive affective, emotional and sexuality education
should be both a mandatory part of all school curricula and a right
for all.
9. The Assembly also refers to its
Resolution 2614 (2025) “Women’s
rights in Europe – Progress and challenges”, in which it expressed
concern about the political instrumentalisation of family values
with the aim of undermining women’s rights and deplored the spread
of gendered disinformation and the growing backlash against women’s
rights in Europe. It reiterates that attacks on women’s rights are
attacks on democratic values. The backlash against women’s rights
will have negative consequences on the lives of women and girls,
in all their diversity, in decades to come.
10. In its
Resolution 2480 (2023) “The
role and responsibility of men and boys in stopping gender-based violence
against women and girls”, the Assembly underlined that all genders,
including men in all their diversity, can and should be allies and
partners in the fight for gender equality and against gender-based
violence.
11. The Assembly welcomes steps taken by the European Parliament
and other international organisations to make the question of consent
a priority and supports the important work carried out by civil
society organisations on this topic.
12. In the light of these considerations, the Assembly calls on
Council of Europe member and observer States as well as States whose
parliament enjoys observer or partner for democracy status with
the Assembly:
12.1 with regard to
the inclusion of consent in legal frameworks, to:
12.1.1 sign,
ratify and fully implement the Istanbul Convention;
12.1.2 develop a comprehensive legal definition of consent in
matters of sexual violence as outlined in the Istanbul Convention,
stressing the importance of autonomy, mutual agreement and the absence
of coercion, considering surrounding circumstances;
12.1.3 adopt the “only yes means yes” approach in their legislation
on combating sexual violence and ensure that the perpetrator assumes
the burden of proof;
12.1.4 outlaw the concept of marital duty, thus recognising the
crime of marital rape;
12.1.5 prohibit the non-consensual transformation and diffusion
of photos and videos to make nude content;
12.1.6 refrain from any changes of law to weaken the legal position
and protection of survivors of sexual violence;
12.2 with regard to awareness raising on the importance of
consent, preventing gender-based violence and combating gender-based
stereotypes, to:
12.2.1 launch awareness-raising campaigns
on preventing gender-based violence;
12.2.2 invest in awareness-raising campaigns on consent and the
varying (mis)perceptions of consent, targeting different age groups,
on social media and on traditional media;
12.2.3 launch specific campaigns on the importance of consent
for sexual relations within marriage;
12.2.4 include sessions on consent in comprehensive emotional
and sexuality education programmes, ensuring that they are held
regularly during the school curriculum and are sufficiently funded;
12.2.5 prevent and combat gender-based stereotypes through educational
programmes from a young age, promoting models of positive masculinities;
12.2.6 promote gender equality in all fields and pursue efforts
to end the gender pay gap;
12.3 with regard to the protection of and support for survivors
of sexual violence, to:
12.3.1 provide training on consent
for law-enforcement officers, legal professionals, the judiciary
and medical staff so as to better support and interact with survivors
of sexual violence in trust-building conditions, thereby ensuring
that these stakeholders do not contribute to a situation of secondary
victimisation;
12.3.2 ensure sufficient provision of legal support;
12.3.3 give every priority to the prosecution of perpetrators;
12.3.4 provide medical care to survivors of sexual violence,
including sexual and reproductive care and psychological support;
12.3.5 support public administrations and services, medical staff
and civil society organisations working in this field;
12.3.6 invest in mental health services.
13. Considering the multiple financial constraints faced by women’s
rights organisations, the Assembly encourages member States to support
them, both politically and financially.
14. The Assembly reiterates its call to hold regular debates in
national parliaments on the protection of women’s rights and the
fight against gender-based violence, including on the importance
of consent.
