22 Amendments of Sergio GUTIÉRREZ PRIETO related to 2016/0222(COD)
Amendment 96 #
Proposal for a directive
Article 3 – paragraph 1– subparagraph 1 a (new)
Article 3 – paragraph 1– subparagraph 1 a (new)
Member States shall apply this Directive to all unaccompanied minors from third countries, from the moment of their arrival to the moment of their qualification as a refugee or grant of subsidiary protection under Regulation (EU) XXX/XXX [Qualification Regulation], or the grant of some other form of humanitarian protection, or their transfer to a third country, in accordance with their best interests, under national law.
Amendment 111 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Minors shall be detained only as a measure of last resort and after it having been established that other less coercive alternative measures cannot be applied effectively. Such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minors, whether accompanied or unaccompanied, shall not be detained.
Amendment 113 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Amendment 114 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
Amendment 115 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 120 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 121 #
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 122 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Member States shall grant to minor children of applicants and to applicants who are minors access to the education system under similarthe same conditions as their own nationals for so long as an expulsion measure against themthe entire duration orf their parents is not actually enforcedsence in the territory of the Member States. Such education may be provided in accommodation centres only as a matter of last resort and for the shortest period of time until access to the national education system is ensured.
Amendment 123 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
The Member State concerned may stipulate that such access must be confined to the State education system. State education shall permit the continuation of the study of the language of the country of origin.
Amendment 124 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Access to the education system shall not be postponed for more than threone months from the date on which the application for international protection was lodged by or on behalf of the minor.
Amendment 157 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 a (new)
Article 15 – paragraph 3 – subparagraph 2 a (new)
The restrictions to equal treatment referred to in points (ii) and (iii) shall not be applied to minors, parents of minor children and legal or customary primary caregivers.
Amendment 162 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. For minors and families with minor children, material reception conditions shall also ensure a standard of living adequate for the child's physical, mental, spiritual, moral and social development. In line with the principle of non-discrimination, minors and families with minor children falling within the scope of this Directive shall be entitled to access the same family services as national children and national families with children.
Amendment 169 #
Proposal for a directive
Article 17 a
Article 17 a
Amendment 171 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that applicants, irrespective of where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], receive the necessary health care which shall include, at least, emergency care and essential treatment of illnesses, including of serious mental disorders. Member States shall ensure that minor children of applicants and applicants who are minors receive the same level of health care as national minors.
Amendment 174 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall provide necessary medical or other assistance to applicants who have special reception needs, including appropriate mental health care where needed. Pregnant women shall have access to full pre- and post-natal care.
Amendment 180 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that involvemay affect minors. Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development.
Amendment 181 #
Proposal for a directive
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
(a) the preservation of family life, including family reunification possibilities;
Amendment 182 #
Proposal for a directive
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) the minor’'s well-being and social development, taking into particular consideration the minor’s background's ethnic, religious, cultural and linguistic background and having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;
Amendment 183 #
Proposal for a directive
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including human trafficking;
Amendment 184 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall, as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protectionarrives in a Member State, take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary expertisequalifications and expertise and receive continuous and appropriate training to that end, and shall not have a verified recordcriminal record, with particular regard to any of child- related crimes or offences . After his or her appointment, the guardian's criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role. In order to ensure the minor’'s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.
Amendment 187 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Member States shall ensure that a guardian is not placed in charge of a disproportionan adequate and limited number of unaccompanied minors at the same time that would render himo ensure he or sher un is able to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian. To this end, unaccompanied minors shall be given information, in a child-friendly manner and in a language they understand, about who these entities or persons are and how to report complaints against their guardians in confidence and safety.
Amendment 189 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2