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Parliamentary Assembly Calls for Consent Laws, Cites Spain

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Summary

The Parliamentary Assembly of the Council of Europe adopted a resolution on 22 April 2026 in Strasbourg calling on European countries to include free and informed consent in national legislation on preventing and combating sexual violence. The resolution, based on a report by Zita Gurmai (Hungary, SOC), urges adoption of a 'only yes means yes' approach, places the burden of proof on the perpetrator, and calls for outlawing the concept of 'marital duty' to recognise marital rape as a crime. The resolution cites Spain's 2023 sólo sí es sí law as a model for placing consent at the heart of emotional and sexual relationships.

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What changed

The Parliamentary Assembly adopted a resolution calling on European countries to develop comprehensive legal definitions of consent aligned with the Istanbul Convention, adopting a 'only yes means yes' standard and placing the burden of proof on the perpetrator. The resolution specifically calls for outlawing the concept of 'marital duty' to recognise marital rape as a crime.

Member states are encouraged to sign, ratify, and fully implement the Istanbul Convention while also undertaking awareness-raising measures to build a culture of consent and protect victims of sexual violence.

Archived snapshot

Apr 23, 2026

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Council of Europe’s Parliamentary Assembly calls for consent to be included in national legislation

Spanish Minister Redondo sees Spain’s sólo sí es sí law as model

Zita Gurmai (left) from Hungary greets Spanish Equality Minister Ana Redondo (centre) and Spanish parliamentarian Luz Martinez Seijo, before the debate on sexual consent

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

Learn more about how the Council of Europe fights for gender equality

Parliamentary Assembly session Strasbourg 22 April 2026
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2026-04-22T12:34:00

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Last updated

Classification

Agency
CoE
Published
April 22nd, 2026
Instrument
Notice
Branch
International
Legal weight
Non-binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Government agencies
Industry sector
9211 Government & Public Administration
Activity scope
Gender-based violence prevention Sexual violence legislation Victim protection
Geographic scope
European Union EU

Taxonomy

Primary area
Criminal Justice
Operational domain
Legal
Topics
Civil Rights Public Health

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