recognising rape and other sexual violence against women as a crime throughout the EU, is a key issue which must be addressed by the European Union. This is one of the main aspects which has been pointed out by the member of the Women's Rights and Gender Equality Committee of the European Parliament, who also added that all perpetrators of such acts should be automatically prosecuted. These are some of the elements included in a resolution where MEPs call for an EU directive to combat gender-based violence.

In their resolution, the Women's Rights and Gender Equality Committee of the European Parliament calls for a criminal-law instrument in the form of an EU directive against gender-based violence. In addition to this legal instrument, the resolution also demands on the Member States to provide law enforcement staff with clear instructions on how to proceed in cases of gender-based violence and to provide the necessary training on the prevention and detection of gender-based violence, equality between men and women and the needs and rights of victims.

The Committee recognises the efforts made by the Commission, who has taken some important decisions in principle towards this end, particularly drawing up the new action plan for gender equality (2010-2015), which stresses that gender-based violence is one of the key problems to be addressed in order to achieve genuine gender equality. The Commission has also announced that it will submit a proposal in 2011 for a strategic plan to combat gender-based violence. In this context, the Parliament itself has previously adopted a resolution on violence against women pointing out the need for a comprehensive legal act to combat all forms of violence against women. Parliament also stressed that it is possible to eliminate gender-based violence, but this will require long-term efforts within numerous different areas. There is a need for many different types of measures of a political, social and legal nature.

The resolution highlights that 20-25% of all women in Europe have experienced physical acts of violence at least once during their adult lives, and more than one-tenth have suffered sexual violence involving the use of force, notes the resolution. Women do not have equal protection against male violence across the EU, because the relevant national laws and policies differ from one Member State to the next. As an example, the resolution underlines that in several Member States, rape is not even treated as a state offence.

Member States should recognise rape and sexual violence against women as a crime, particularly within marriage and intimate informal relationships and/or where committed by male relatives, says the resolution. Member States should also ensure that such offences result in automatic prosecution. Any reference to cultural traditional or religious practices as a mitigating factor, including so-called "crimes of honour" and female genital mutilation, must be disregarded, it adds. The resolution also notes that in many cases, women fail to lodge complaints against acts of gender violence, for reasons ranging from economic, social and cultural factors to a lack of trust in the police and legal system.

Preventing exploitation and Legal aid

The EU and its Member States should also establish laws guaranteeing immigrant women the right to hold their own passports and residence permits, says the resolution, adding that it should be made possible to hold a person criminally responsible for taking these documents away. MEPs call for minimum standards to ensure that victims have advice from a legal practitioner, irrespective of their role in the criminal proceedings, and ask that mechanisms be introduced to facilitate access to free legal aid enabling victims to assert their rights throughout the Union.