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Camille Butin

Advocacy Advisor

Articles by Camille Butin

1 year since abortion ban
14 October 2021

How women are suffering for human rights in Poland

In its latest politically motivated ruling, Poland's Constitutional Tribunal last week ruled that the Polish Constitution was not subject to EU law. This is only the most recent in a series of developments that trample on the rule of law and human rights in Poland, rubber stamped by a tribunal riddled with ruling Law and Justice (PiS)-party supporters. Hundreds of thousands of people are taking to the streets in Poland to protest against this. Authorities have responded with detentions and physical violence reminiscent of their response to the pro-abortion protests in October 2020. Nine people have been detained thus far, including an LGBTIQ activist, and authorities have taken down the names of 71 people who were protesting. Far-right groups have again organised counter-actions impeding peaceful protesters, with little reaction from police forces. The Polish government has long been in dispute with the EU, repeatedly refusing to implement rulings of the EU's Court of Justice, including one to withdraw the PiS-dominated judicial Disciplinary Chamber, which threatens and intimidates Polish judges, undermining their independence. The government has also forced out of office its Ombudsman who acted as a watchdog for human rights. And it is now working to withdraw from an internationally recognised convention protecting women from violence. The crippling of the rule of law is having real-life consequences for Polish citizens, and women human rights defenders (WHRDs) are the biggest casualties. The 22 October 2020 Constitutional Tribunal decision to impose a near-total ban on abortion was a massive attack on women's sexual and reproductive rights. The result is agonising for women and their families. Some are forced to continue pregnancies against their will, including in cases of fatal or severe foetal impairment. Others have no choice but to travel abroad to seek care, if they have the financial means to do so, or to seek unsafe abortions. The ban needlessly increased the suffering of women and sparked massive protests throughout the country. And a year after these protests, WHRDs face many threats and attacks both from the state and non-state groups. The abortion ban has helped create a climate that is more permissive of attacks on women's rights. The authorities have repeatedly used excessive force and physical violence against protesters, who have been targeted by police officers. WHRDs are facing criminal charges from politically appointed prosecutors, while charges against police and far-right groups who perpetrated violence against them are being dropped. WHRDs' lives continue to be threatened by extremists.   Emotional burnout Many have been on the receiving end of rape and death threats and bomb scares over their activism. Their financial livelihoods have been affected, with some women losing their jobs or being publicly ostracised for their participation in protests. Many are on the brink of mental and emotional burnout. This is the heavy price that Polish women are paying for trying to stand up for the rule of law and civic freedoms in the face of the government's onslaught. Marta Lempart, co-founder of the Polish Women's Strike (Strajk Kobiet) recently told the European Parliament about the consequences of ongoing activism: "This is hard ... We lose our jobs, our families suffer, we are being detained, we are being beaten up, we are tear gassed, we put our bodies on the line, we put our lives on the line", she said. "The Polish state treats us as enemies ... We are freedom fighters," Lempart said. Lempart is facing close to 80 criminal charges for her own role in the protests. The charges against her are undoubtedly an attempt to silence and intimidate her and other WHRDs. Lempart has not been able to return to her home because she "fears being killed". Nadia, a 21-year old WHRD, also received death and rape threats. "Every time I check my email and see another threat, I become more and more frightened and overwhelmed," the activist said. The authorities are not offering the women any protection from violence. The degradation of the rule of law in Poland only makes such attacks more likely, and makes it less likely that perpetrators will be held to account. Despite these life-altering circumstances, WHRDs are demonstrating that the fight is far from over. WHRDs from the Polish Women's Strike have been collecting signatures throughout this month for a bill that would reverse the abortion ban. A total of 100,000 citizen signatures need to be collected for the new bill to be introduced to the assembly for debate.    Increase EU support Polish WHRDs are looking to the EU to stand up for their rights, but the most recent Constitutional Tribunal ruling once again demonstrates the Polish government's complete disregard for EU rules and values. The government continues to ask for huge amounts of aid from the EU's Covid Recovery Fund even as it is, in effect, trying to unilaterally renegotiate the terms of its membership, and undermining the independent judicial oversight that safeguards against corruption. But many Polish citizens are saying enough is enough. Just as they massively protested against the abortion ban, hundreds of thousands of people took to the streets all over Poland last weekend to protest against a 'legal Polexit'. The EU must stand with Polish citizens in this fight. Polish WHRDs and citizens need more than statements from EU leaders: they need protection, resources, continuous pressure, and urgent action. While the rule of law remains under attack, the EU must not back down. It must continue to withhold the recovery funding and must immediately impose conditions on other EU money going to Poland. These funds should bypass the government and be redirected to Polish groups who respect and uphold EU values. This means the EU must urgently increase its financial support for civil society and WHRDs on the ground. Their survival is key to the survival of the rule of law in Poland, and to any hopes the EU has of making its values count for something.   By: Camille Butin is an advocacy advisor at the International Planned Parenthood Federation European Network Network. Aarti Narsee is a researcher at CIVICUS Monitor. Originally published in the EU Observer.

16 days of activism
25 November 2021

Sex without consent is rape – so why are governments failing to act?

“Sex without consent is rape”. This statement sounds self-evident. And yet our laws and our lived experiences show that it is still far from being universally recognized and understood. On two recent occasions, watching fiction with friends - Game of Thrones and Basic Instinct - where scenes of rape were depicted, we found ourselves debating whether these were in fact rapes. To me, it was very clear that the female characters on screen did not consent to sex. But since in both scenes, they knew the men, and had previous relationships with them, others felt that this was somehow enough to downplay these situations and question whether they did constitute rape. This brought home for me, once again, how far we still have to go. If my friends, who are pretty committed to gender equality, cannot identify rape in fiction, then what about broader society, and most importantly what about real life? A societal problem   Polls reflect this alarming reality. More than a quarter of Europeans believe that sexual violence can be excused: 27% said that "sexual intercourse without consent can be justifiable" in certain situations, most such circumstances having to do with the behaviour of the victim. When surveys don’t use the word “rape” but factually describe situations that constitute rape, they expose how pervasive it is: a poll in France revealed that out of almost 100 000 female respondents, more than half (53.2%) reported having experienced non-consensual penetrative sex with one or more partners. On the other side of the same coin, recently 63 male students out of 554 surveyed in the UK admitted to having committed 251 sexual assaults, rapes, and other coercive and unwanted incidents. The study also showed that these perpetrators were significantly more likely to believe that women are to blame for being assaulted, and to hold hostile views about women. We are still collectively terrible at identifying, and condemning, sexual violence. It’s not a mystery why. We live in a society which blames victims/survivors, in order to let violent men off the hook: that is the primary function of rape culture. Laws are the result of the patriarchal culture we live in and reflect this toxic mindset. We need urgent and concrete actions to address sexual violence on both fronts: to change legislation, and to change mentalities. Reflected in legislation   In Europe, shockingly, most countries do not criminalise sex without consent. Their laws usually require the use of force or coercion as an additional factor in order for a non-consensual act to be considered as sexual violence. According to a review of the legislation of European countries done by Amnesty International in 2020, only 12 European countries out of 31 analysed had laws that define rape as sex without consent. This is despite the fact that most countries have ratified the Council of Europe’s Istanbul Convention, the first legally binding comprehensive instrument to prevent and combat violence against women and domestic violence. The Convention clearly states that engaging in non-consensual sexual activity constitutes sexual violence. It further says that “consent must be given voluntarily as the result of the person’s free will assessed in the context of the surrounding circumstances”. How is it possible that so many countries ratified this landmark treaty, yet have not changed their legislation to bring it in line with its binding requirements? Inadequate laws on sexual violence have a devastating impact on victims/survivors. They encourage victim blaming, excuse violence, and fail to prosecute rapists. Instead of looking for proof that the perpetrator used enough force or assessing whether the victim/survivor put up enough resistance, the legal system should focus on whether the victim/survivor explicitly consented to sex. And if not, that should be enough to constitute sexual violence. “Yes means Yes” laws represent a necessary change of paradigm to protect victims/survivors more effectively. The road ahead   In June 2021, in a most welcome development only made possible by intense mobilization by women’s rights NGOs, Slovenia changed its law on sexual violence to adopt a consent-based legislative proposal. Spain is also currently reviewing its legislation on sexual violence, to adopt a consent-based model. The “Only Yes Means Yes” bill follows the shocking ‘La Manada’ case, where a group of men were initially found guilty of the lesser offence of sexual abuse instead of rape, because the prosecution could not prove that they used force against the victim/survivor. Other countries must follow suit, urgently. All European countries must ratify and implement the Istanbul Convention, including by changing their legislation to comply with its legal definition of sexual violence. Changing laws and mentalities goes hand in hand: putting an end to rape culture will require not just a change of legislation, but profound societal transformation too. Education is key in that regard. Relationship sexuality education, which teaches children and young people about consent in intimate relationships, is essential. The European Commission is now working on a new legislative proposal to prevent and combat violence against women. This Directive should tackle the issue of sexual violence, and unequivocally adopt the definition of the Istanbul Convention, namely that sex without consent is rape. The Directive should also include comprehensive relationship and sex education as a key prevention measure, to improve young people’s understanding of consent, enable them to identify sexual violence, discourage them from perpetrating it, and empower them to report it.

1 year since abortion ban
14 October 2021

How women are suffering for human rights in Poland

In its latest politically motivated ruling, Poland's Constitutional Tribunal last week ruled that the Polish Constitution was not subject to EU law. This is only the most recent in a series of developments that trample on the rule of law and human rights in Poland, rubber stamped by a tribunal riddled with ruling Law and Justice (PiS)-party supporters. Hundreds of thousands of people are taking to the streets in Poland to protest against this. Authorities have responded with detentions and physical violence reminiscent of their response to the pro-abortion protests in October 2020. Nine people have been detained thus far, including an LGBTIQ activist, and authorities have taken down the names of 71 people who were protesting. Far-right groups have again organised counter-actions impeding peaceful protesters, with little reaction from police forces. The Polish government has long been in dispute with the EU, repeatedly refusing to implement rulings of the EU's Court of Justice, including one to withdraw the PiS-dominated judicial Disciplinary Chamber, which threatens and intimidates Polish judges, undermining their independence. The government has also forced out of office its Ombudsman who acted as a watchdog for human rights. And it is now working to withdraw from an internationally recognised convention protecting women from violence. The crippling of the rule of law is having real-life consequences for Polish citizens, and women human rights defenders (WHRDs) are the biggest casualties. The 22 October 2020 Constitutional Tribunal decision to impose a near-total ban on abortion was a massive attack on women's sexual and reproductive rights. The result is agonising for women and their families. Some are forced to continue pregnancies against their will, including in cases of fatal or severe foetal impairment. Others have no choice but to travel abroad to seek care, if they have the financial means to do so, or to seek unsafe abortions. The ban needlessly increased the suffering of women and sparked massive protests throughout the country. And a year after these protests, WHRDs face many threats and attacks both from the state and non-state groups. The abortion ban has helped create a climate that is more permissive of attacks on women's rights. The authorities have repeatedly used excessive force and physical violence against protesters, who have been targeted by police officers. WHRDs are facing criminal charges from politically appointed prosecutors, while charges against police and far-right groups who perpetrated violence against them are being dropped. WHRDs' lives continue to be threatened by extremists.   Emotional burnout Many have been on the receiving end of rape and death threats and bomb scares over their activism. Their financial livelihoods have been affected, with some women losing their jobs or being publicly ostracised for their participation in protests. Many are on the brink of mental and emotional burnout. This is the heavy price that Polish women are paying for trying to stand up for the rule of law and civic freedoms in the face of the government's onslaught. Marta Lempart, co-founder of the Polish Women's Strike (Strajk Kobiet) recently told the European Parliament about the consequences of ongoing activism: "This is hard ... We lose our jobs, our families suffer, we are being detained, we are being beaten up, we are tear gassed, we put our bodies on the line, we put our lives on the line", she said. "The Polish state treats us as enemies ... We are freedom fighters," Lempart said. Lempart is facing close to 80 criminal charges for her own role in the protests. The charges against her are undoubtedly an attempt to silence and intimidate her and other WHRDs. Lempart has not been able to return to her home because she "fears being killed". Nadia, a 21-year old WHRD, also received death and rape threats. "Every time I check my email and see another threat, I become more and more frightened and overwhelmed," the activist said. The authorities are not offering the women any protection from violence. The degradation of the rule of law in Poland only makes such attacks more likely, and makes it less likely that perpetrators will be held to account. Despite these life-altering circumstances, WHRDs are demonstrating that the fight is far from over. WHRDs from the Polish Women's Strike have been collecting signatures throughout this month for a bill that would reverse the abortion ban. A total of 100,000 citizen signatures need to be collected for the new bill to be introduced to the assembly for debate.    Increase EU support Polish WHRDs are looking to the EU to stand up for their rights, but the most recent Constitutional Tribunal ruling once again demonstrates the Polish government's complete disregard for EU rules and values. The government continues to ask for huge amounts of aid from the EU's Covid Recovery Fund even as it is, in effect, trying to unilaterally renegotiate the terms of its membership, and undermining the independent judicial oversight that safeguards against corruption. But many Polish citizens are saying enough is enough. Just as they massively protested against the abortion ban, hundreds of thousands of people took to the streets all over Poland last weekend to protest against a 'legal Polexit'. The EU must stand with Polish citizens in this fight. Polish WHRDs and citizens need more than statements from EU leaders: they need protection, resources, continuous pressure, and urgent action. While the rule of law remains under attack, the EU must not back down. It must continue to withhold the recovery funding and must immediately impose conditions on other EU money going to Poland. These funds should bypass the government and be redirected to Polish groups who respect and uphold EU values. This means the EU must urgently increase its financial support for civil society and WHRDs on the ground. Their survival is key to the survival of the rule of law in Poland, and to any hopes the EU has of making its values count for something.   By: Camille Butin is an advocacy advisor at the International Planned Parenthood Federation European Network Network. Aarti Narsee is a researcher at CIVICUS Monitor. Originally published in the EU Observer.

16 days of activism
25 November 2021

Sex without consent is rape – so why are governments failing to act?

“Sex without consent is rape”. This statement sounds self-evident. And yet our laws and our lived experiences show that it is still far from being universally recognized and understood. On two recent occasions, watching fiction with friends - Game of Thrones and Basic Instinct - where scenes of rape were depicted, we found ourselves debating whether these were in fact rapes. To me, it was very clear that the female characters on screen did not consent to sex. But since in both scenes, they knew the men, and had previous relationships with them, others felt that this was somehow enough to downplay these situations and question whether they did constitute rape. This brought home for me, once again, how far we still have to go. If my friends, who are pretty committed to gender equality, cannot identify rape in fiction, then what about broader society, and most importantly what about real life? A societal problem   Polls reflect this alarming reality. More than a quarter of Europeans believe that sexual violence can be excused: 27% said that "sexual intercourse without consent can be justifiable" in certain situations, most such circumstances having to do with the behaviour of the victim. When surveys don’t use the word “rape” but factually describe situations that constitute rape, they expose how pervasive it is: a poll in France revealed that out of almost 100 000 female respondents, more than half (53.2%) reported having experienced non-consensual penetrative sex with one or more partners. On the other side of the same coin, recently 63 male students out of 554 surveyed in the UK admitted to having committed 251 sexual assaults, rapes, and other coercive and unwanted incidents. The study also showed that these perpetrators were significantly more likely to believe that women are to blame for being assaulted, and to hold hostile views about women. We are still collectively terrible at identifying, and condemning, sexual violence. It’s not a mystery why. We live in a society which blames victims/survivors, in order to let violent men off the hook: that is the primary function of rape culture. Laws are the result of the patriarchal culture we live in and reflect this toxic mindset. We need urgent and concrete actions to address sexual violence on both fronts: to change legislation, and to change mentalities. Reflected in legislation   In Europe, shockingly, most countries do not criminalise sex without consent. Their laws usually require the use of force or coercion as an additional factor in order for a non-consensual act to be considered as sexual violence. According to a review of the legislation of European countries done by Amnesty International in 2020, only 12 European countries out of 31 analysed had laws that define rape as sex without consent. This is despite the fact that most countries have ratified the Council of Europe’s Istanbul Convention, the first legally binding comprehensive instrument to prevent and combat violence against women and domestic violence. The Convention clearly states that engaging in non-consensual sexual activity constitutes sexual violence. It further says that “consent must be given voluntarily as the result of the person’s free will assessed in the context of the surrounding circumstances”. How is it possible that so many countries ratified this landmark treaty, yet have not changed their legislation to bring it in line with its binding requirements? Inadequate laws on sexual violence have a devastating impact on victims/survivors. They encourage victim blaming, excuse violence, and fail to prosecute rapists. Instead of looking for proof that the perpetrator used enough force or assessing whether the victim/survivor put up enough resistance, the legal system should focus on whether the victim/survivor explicitly consented to sex. And if not, that should be enough to constitute sexual violence. “Yes means Yes” laws represent a necessary change of paradigm to protect victims/survivors more effectively. The road ahead   In June 2021, in a most welcome development only made possible by intense mobilization by women’s rights NGOs, Slovenia changed its law on sexual violence to adopt a consent-based legislative proposal. Spain is also currently reviewing its legislation on sexual violence, to adopt a consent-based model. The “Only Yes Means Yes” bill follows the shocking ‘La Manada’ case, where a group of men were initially found guilty of the lesser offence of sexual abuse instead of rape, because the prosecution could not prove that they used force against the victim/survivor. Other countries must follow suit, urgently. All European countries must ratify and implement the Istanbul Convention, including by changing their legislation to comply with its legal definition of sexual violence. Changing laws and mentalities goes hand in hand: putting an end to rape culture will require not just a change of legislation, but profound societal transformation too. Education is key in that regard. Relationship sexuality education, which teaches children and young people about consent in intimate relationships, is essential. The European Commission is now working on a new legislative proposal to prevent and combat violence against women. This Directive should tackle the issue of sexual violence, and unequivocally adopt the definition of the Istanbul Convention, namely that sex without consent is rape. The Directive should also include comprehensive relationship and sex education as a key prevention measure, to improve young people’s understanding of consent, enable them to identify sexual violence, discourage them from perpetrating it, and empower them to report it.