Sexist gender stereotypes are still deeply rooted in European societies and have an impact on all areas of life. They feed gender-based inequalities and a culture where consent is not yet considered essential. Their negative impact is exacerbated in a context of rising extremisms and backlash against women’s rights.
The Council of Europe Convention on preventing and combating violence against women and domestic violence (CETS No. 210, “Istanbul Convention”) clearly establishes that sexual violence and rape are defined by the absence of consent (article 36). It stresses that consent has to “be given voluntarily as the result of the person’s free will assessed in the context of the surrounding circumstances”. However, consent is not yet included in the definition of sexual violence and rape in national legislations of all States Parties to the Istanbul Convention.
The Parliamentary Assembly should contribute to raising awareness about the importance of the notion of consent, which should be clearly stated: silence should never be understood as consent. It should call on Council of Europe member States which have not yet done so to include consent in their national legislation on sexual violence and rape. Promoting a culture of consent will contribute to changing mindsets and to improving the effectiveness of prevention and protection against gender-based violence.