PACE Urges Member States to Adopt “Yes Means Yes” Standard in National Laws

The Parliamentary Assembly of the Council of Europe (PACE) has urged its member states to adopt a “only yes means yes” approach in their national legislation to combat sexual violence.

The call was made during a session in Strasbourg, where PACE emphasized that consent must be explicitly given through clear words or actions, and cannot be assumed from silence, lack of resistance, or past relationships.

PACE referenced the Council of Europe’s Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) as the legal framework guiding this recommendation, noting that several member states have already begun aligning their laws with the affirmative consent standard.

The resolution highlights that laws based on “only yes means yes” shift the legal burden from proving resistance to demonstrating voluntary agreement, thereby strengthening protections for survivors and clarifying consent in judicial proceedings.

PACE specifically pointed to legislative developments in Spain, where the Organic Law for the Integral Guarantee of Sexual Freedom, approved in August 2022, established “only yes means yes” as the national standard for sexual consent.

The assembly urged other member states to follow Spain’s example by revising penal codes to define consent as freely given, specific, informed, and unambiguous agreement to sexual activity.

PACE also called on governments to implement accompanying measures, including public awareness campaigns, judicial training, and education programs in schools and universities, to ensure effective application of the new legal standards.

The recommendation comes amid broader efforts by the Council of Europe to strengthen gender equality and combat gender-based violence across its 46 member states, with PACE playing a key role in monitoring compliance with human rights obligations.

While no specific timeline was set for implementation, PACE stressed that adopting affirmative consent legislation is a critical step toward fulfilling obligations under the Istanbul Convention and international human rights law.