Call it by its name. A critical analysis of the legal framework for dealing with femicides in EU law and its latest developments

Abstract

Femicide cases are on the rise globally and within Europe, revealing significant shortcomings in current legal frameworks. This thesis critically examines mechanisms in the legal scope of the European Union for addressing gender-based violence, focusing specifically on the implications of the recently adopted Directive 2024/1385 and the EU's accession to the Istanbul Convention. Despite these advancements, the lack of a clear, harmonised definition of femicide within EU law and the constraints of EU competences in criminal law hinder effective prevention and prosecution of femicides. Through an interdisciplinary approach that combines jurisprudential analysis with feminist theoretical perspectives, this thesis argues for the necessity of a universal legal definition of femicide to enable consistency in protection, prevention, prosecution and data collection across member states. Key areas of investigation include the difficulties in creating a universal definition, current legal developments and their impacts and the limitations provided by EU competence regulations for the harmonisation of criminal law. By addressing these critical issues, this thesis aims to highlight the urgent need for legal reforms that better protect women from gender-based violence and ensure justice for victims, ultimately contributing to the broader goal of gender equality and the upholding of human rights for women within the EU.