The Parliamentary Assembly of the Council of Europe has emphasised the need to "include free and informed consent in national legislation on preventing and combating sexual violence". It voted on this resolution as part of its plenary session taking place this week in Strasbourg.
The question of consent in sexual relations has long been considered taboo, but it has become an issue "of political concern" and can no longer be sidelined or undermined, said the parliamentarians, for whom building a culture of consent "is a key element in the fight for gender equality and against gender-based violence".
Consent must be defined in law
In order to include this principle in legal frameworks, the Parliamentary Assembly called on European countries in the resolution - which was adopted on the basis of the report by Zita Gurmai (Hungary, SOC) - "to develop a comprehensive legal definition of consent in matters of sexual violence as outlined in the Istanbul Convention". It stressed the importance of autonomy, mutual agreement and absence of coercion.
Countries must adopt a "only yes means yes" approach in their legislation and ensure that the perpetrator assumes the burden of proof. It also called on them to outlaw the concept of "marital duty" - thus recognising the crime of marital rape - and to sign, ratify and fully implement the Istanbul Convention, which clearly states that sexual violence and rape are defined by the absence of consent.
Lastly, the Parliamentary Assembly proposed a set of measures with regard to awareness raising on the importance of consent, preventing gender-based violence and combating gender-based stereotypes, as well as protecting and supporting victims of sexual violence.
"In order to promote and to uphold a culture of consent, the 'Only yes means yes' (Sólo sí es sí) Spanish legislation, enacted in 2023, has placed consent at the heart of emotional and sexual relationships," said the Spanish Minister for Equality, Ana Redondo, addressing the Parliamentary Assembly during the debate. "It remains, however, a challenge in the courts when it comes to proving the existence of consent, and we must therefore strengthen measures to ensure that women's accounts are not systematically called into question," she emphasised.
Read the report on consent in full
Parliamentary Assembly of the Council of Europe
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