[ParlTrack]

Motion for a resolution
Citation 16 a (new)

- having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 18 October 2017 on promoting the human rights of and eliminating discrimination against intersex people,

2020/12/14
Committee: FEMM

Motion for a resolution
Citation 16 b (new)

- having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 22 April 2015 on discrimination against transgender people in Europe,

2020/12/14
Committee: FEMM

Terry REINTKE, Maria WALSH, Liesje SCHREINEMACHER, Marc ANGEL, Malin BJÖRK, Gwendoline DELBOS-CORFIELD, Fabio Massimo CASTALDO, Karen MELCHIOR, Ernest URTASUN, Monika VANA, Abir AL-SAHLANI, Alice KUHNKE, Pierrette HERZBERGER-FOFANA

Motion for a resolution
Citation 25 a (new)

- having regard to its resolution of 14 February 2019 on the rights of intersex people;1a _________________ 1a Texts adopted, P8_TA(2019)0128

2020/12/14
Committee: FEMM

Motion for a resolution
Recital B

B. whereas sexual and reproductive health and rights (SRHR) are based on the rights of all individuals to have their bodily integrity and personal autonomy respected; ~~defin~~have their sexual orientation and gender identity fully respected; decide whether, with whom and when to be sexually active; decide whether, when and who to marry and when, whether and by what means to have a child or children; have access to the information and support necessary to achieve all of the above9 ; _________________ 9 Guttmacher-Lancet Commission, Executive Summary on sexual and reproductive health and rights, The Lancet, London, 2018, https://www.guttmacher.org/guttmacher- lancet-commission/accelerate-progress- executive-summary

2020/12/14
Committee: FEMM

Motion for a resolution
Recital F

F. whereas SRHR challenges and obstacles include: a lack of access, denial of medical care based on personal beliefs, gender-based violence, gynaecological and obstetric violence, a lack of comprehensive sexuality education, denial of access to information/education, a lack of available contraception methods, limited access to medically assisted reproduction treatments, forced sterilisation, including in the context of legal gender recognition, high rates of STIs and HIV, disparities in maternal mortality, high adolescent pregnancy rates, harmful gender stereotypes and practices such as female and intersex genital mutilation, early, forced and child marriages ~~and honour killings;~~ , honour killings and so-called “conversion therapy” practices, which can take the form of sexual violence such as “corrective rape” on lesbian and bisexual women and girls, as well as transgender persons; whereas the enjoyment of SRHR for LGBTI persons may be severely hindered due to the omission in sexual education curricula of the diversity of sexual orientation, gender identity, expression and sex characteristics;

2020/12/14
Committee: FEMM

Motion for a resolution
Recital F a (new)

F a. whereas the World Health Organisation defines infertility as “a disease of the reproductive system defined by the failure to achieve a clinical pregnancy after 12 months or more of regular unprotected sexual intercourse”; whereas this definition fails to encompass the reality of lesbian and bisexual women as well as transgender persons in same- sex couples or single women interested in fertility options, worsening the socio-legal challenges in access to Assisted Reproductive Technologies (ART) they already face as a result of the focus on countering infertility; whereas lesbian and bisexual women may be unable to prove their “infertility” and therefore be denied access to ART;1a _________________ 1a https://www.who.int/reproductivehealth/to pics/infertility/definitions/en/

2020/12/14
Committee: FEMM

Motion for a resolution
Recital F b (new)

F b. whereas in certain circumstances transgender men and non-binary persons may also undergo pregnancy and should, in such cases, benefit from measures for pregnancy and birth-related care without discrimination on the basis of their gender identity;

2020/12/14
Committee: FEMM

Motion for a resolution
Recital L

L. whereas no woman should die in childbirth and evidence-based maternity, pregnancy and birth-related care is a human right;

2020/12/14
Committee: FEMM

Motion for a resolution
Paragraph 5 a (new)

5 a. Recalls the views endorsed by the Committee of Ministers of the Council of Europe, which recommended trans- specific healthcare such as hormonal treatment and surgery to be accessible and reimbursed by public health insurance schemes;1a _________________ 1aCDDH Report on the implementation of Recommendation CM/Rec(2010)5 of the Committee of Ministers to Member States on measures to combat discrimination on grounds of sexual orientation or gender identity, ¶130, accessible at https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectId=09000016809f9ba0

2020/12/14
Committee: FEMM

Motion for a resolution
Paragraph 7

7. Recalls that all medical interventions related to SRHR must be undertaken with prior, personal and fully informed consent;

2020/12/14
Committee: FEMM

Motion for a resolution
Paragraph 7 a (new)

7a. Reaffirms its call on Member States to adopt legislation ensuring that intersex persons are not subjected to non- vital medical or surgical treatment during infancy or childhood, and that their right to bodily integrity, autonomy, self- determination and informed consent is fully respected;

2020/12/14
Committee: FEMM

Motion for a resolution
Paragraph 7 b (new)

7b. Recalls the decision of the European Court of Human Rights in A.P. Gaçon and Nicot v. France, where it recognised that a Member State’s requirement of sterilisation ahead of allowing legal gender recognition procedures amounted to a failure to secure the right to respect for the private life of the applicant; recalls the UN’s acknowledgement that forced sterilisation is a violation of the right to be free from torture and other cruel, inhuman, or degrading treatment or punishment;1a deplores that sterilisation remains a sine qua non condition for access to legal gender recognitions in some EU Member States; calls upon the Member States to abolish the sterilisation requirement and to protect transgender persons' right to self-determination;1b _________________ 1a https://www.ohchr.org/Documents/HRBo dies/HRCouncil/RegularSession/Session2 2/A.HRC.22.53_English.pdf 1bEuropean Court of Human Rights, Case of A.P., Garçon and Nicot v.France (application nos. 79885/12, 52471/13 and 52596/13).

2020/12/14
Committee: FEMM

Motion for a resolution
Paragraph 8 a (new)

8a. Recalls that the imparting of information should reflect the diversity of sexual orientations, gender identities, expressions and sex characteristics, so as to counter misinformation based on stereotypes or biases; calls on Member States to develop age-appropriate sexual education curricula inclusive of the former;

2020/12/14
Committee: FEMM

Terry REINTKE, Maria WALSH, Liesje SCHREINEMACHER, Marc ANGEL, Malin BJÖRK, Gwendoline DELBOS-CORFIELD, Fabio Massimo CASTALDO, Karen MELCHIOR

Motion for a resolution
Paragraph 14

14. Invites the Member States to review their national legal provisions on abortion and bring them in line with international human rights standards and regional best practices by ensuring that abortion at a woman’s and any pregnant person's request is legal in early pregnancy and even beyond if the ~~woman’s~~ir health or life is in danger;

2020/12/14
Committee: FEMM

Terry REINTKE, Maria WALSH, Liesje SCHREINEMACHER, Marc ANGEL, Malin BJÖRK, Gwendoline DELBOS-CORFIELD, Fabio Massimo CASTALDO, Karen MELCHIOR, Ernest URTASUN, Monika VANA, Abir AL-SAHLANI, Alice KUHNKE, Pierrette HERZBERGER-FOFANA, Maria NOICHL, Robert BIEDROŃ, Sylwia SPUREK, Arba KOKALARI, Marina KALJURAND

Motion for a resolution
Paragraph 14 a (new)

14a. Underlines that all the rights afforded to women by law regarding abortion care must apply to all persons undergoing pregnancy, including transgender and non-binary persons, without discrimination on grounds of their gender identity or gender expression and in line with international human rights practices;

2020/12/14
Committee: FEMM

Motion for a resolution
Subheading d

Maternity, pregnancy and birth-related care for all

2020/12/14
Committee: FEMM

Motion for a resolution
Paragraph 15

15. Calls upon the Member States to adopt measures to ensure that all women and pregnant persons have access to affordable, evidence-based maternity, pregnancy and birth-related care;

2020/12/14
Committee: FEMM

Motion for a resolution
Paragraph 16 a (new)

16a. Calls upon the Member States to ensure that maternity, pregnancy and birth-related care must be equally accessible to all persons undergoing pregnancy without discrimination of any kind, notably on grounds of sexual orientation or gender identity;

2020/12/14
Committee: FEMM

Motion for a resolution
Paragraph 20

20. Calls upon the Commissioner for Equality to promote and protect SRHR and to include them in the ~~next EU gender equality s~~implementation of the EU gender equality strategy and the EU LGBTIQ Equality Strategy;

2020/12/14
Committee: FEMM

Motion for a resolution
Paragraph 22

22. Calls upon the Commission to strengthen its actions to counter the backlash against women’s rights and SRHR;

2020/12/14
Committee: FEMM

20 Amendments of Terry REINTKE related to 2020/2215(INI)

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