What the eye does not see: a critical interpretive synthesis of European Union policies addressing sexual violence in vulnerable migrants

Figures & data

Table 1 20 years of European Union legal provisions on sexual violence and migration

Year	Document	Main relevant provisions	Reference
1997	Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Commission and certain related acts	Establishing efficient policy responses to trafficking in human beings, including for sexual purposes and promoting prevention	11997D/TXT
2001	Council Directive on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof	Member States to provide medical and other forms of assistance to beneficiaries of temporary protection who have been victims of rape or other forms of “serious” sexual violence	2001/55/EC
2001	European Parliament resolution on female genital mutilation	Acknowledge FGM as human rights violation, particularly in the frame of the EU’s development policy – FGM a priority in the cooperation programmes for SRHR	A5-0285/2001
2002	Council Framework Decision on combating trafficking in human beings	Merely a judicial approach to trafficking; only minors are considered a particularly vulnerable group	2002/629/JHA
2003	Council Directive laying down minimum standards for the reception of asylum seekers	Specific needs of victims of rape and severe sexual violence (only after individual evaluation) to be taken into account for material reception conditions and treatment	2003/9/EC
2004	Council Directive on the residence permit issued to third country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities	Give victims a reasonable reflection period and a temporary residence when agreeing to cooperate with judicial authorities. Medical and other forms of assistance to be provided to such victims and especially the most vulnerable	2004/81/EC
2004	Council Directive on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted	Victims of rape or other forms of sexual violence included in vulnerable migrant groups, Member States being asked to provide “adequate healthcare”	2004/83/EC
2005	EU Plan on best practices, standards and procedures for combating and preventing trafficking in human beings	Rights-based approach claimed but trafficking defined only as a “serious crime against persons”. Call for gender-specific prevention measures with attention to vulnerable groups (only unaccompanied minors mentioned)	2005/C 311/01
2006	European Parliament Resolution on the current situation in combating violence against women and any future action	Call to Member States to provide “proper protection” to migrant victims of domestic violence. Awareness-raising needed in the migrant community living in Europe on FGM as an “assault on women’s health and a violation of human rights” with a call for comprehensive European approach on the topic	P6_TA(2006)038
2008	The Lisbon Treaty – Treaty on the European Union and Treaty on the functioning of the European Union	Trafficking in human beings and sexual exploitation of women included in EU competences in harmonizing criminal law	12007 L/TXT; 12008 M/TXT
2008	Directive on common standards and procedures in Member States for returning illegally staying third country nationals	Victims of rape and sexual violence included in vulnerable groups, whose specific needs shall be taken into account during voluntary return periods and for the provision of emergency healthcare in detention	2008/115/EC
2009	The Stockholm Programme: an open and secure Europe serving and protecting its citizens	Specific mention of greater vulnerability of victims of FGM and GBV in Member States of which they are not citizens or residents	2010/C 115/01
2009	European Parliament Resolution on the elimination of violence against women	Mention of specific vulnerabilities of female migrants and refugees. Awareness-raising on FGM needed in the migrant community living in Europe	P7_TA(2009)0098
2010	European Parliament Resolution on social integration of women belonging to minority ethnic groups	Prevention of GBV and protection services to cover all women independently of their legal status	P7_TA(2010)0305
2011	Directive on standards for the qualification of third country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted	Asylum claims assessment should take into account specific vulnerabilities of victims of rape and other forms of sexual violence, only after an individual evaluation confirms the specific needs. Adequate healthcare should be provided	2011/95/EU
2011	Directive on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA	Mention of various prevention strategies, including trainings for officials and in a gender perspective	2011/36/EU
2012	Directive establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA	No reference to migrants or vulnerable migrant groups, only to victims in a Member State of which they are not nationals or residents. Sexual assault and harassment recognized as forms of sexual violence beyond rape, trafficking and FGM	2012/29/EU
2013	Directive laying down standards for the reception of applicants for international protection	Member States are requested to take appropriate measures to prevent sexual violence in accommodation premises, including sexual assault and harassment, to ensure access to appropriate medical and psychological treatment and to provide information on these measures to the European Commission (Annex 1)	2013/33/EU
2013	Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person	Member States must provide information on sexual violence victimization for medical purposes to another Member State in case of transfer of an individual under international protection	604/2013
2013	Directive on common procedures for granting and withdrawing international protection	Special guarantee procedures for victims of sexual violence before first instance decisions and throughout the asylum procedure; recognition of vulnerability due to gender identity and sexual orientation	2013/32/EU
2013	European Parliament resolution on the situation of unaccompanied minors in the EU	Provision of adequate medical and psychological care to unaccompanied minors victims of sexual violence; recognition of minors’ and particularly girls’ vulnerability to trafficking for sexual exploitation; call for enhanced prevention and reporting mechanisms	2012/2263