Activities of Mikael GUSTAFSSON related to 2013/2115(INI)
Shadow reports (1)
REPORT on undocumented women migrants in the European Union PDF (204 KB) DOC (105 KB)
Amendments (19)
Amendment 1 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
2a. having regard to the UN General Assembly "Violence against women migrant workers: Report of the Secretary- General" of 23 July 2013,
Amendment 2 #
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
3a. having regard to the UN Committee on the Elimination of Discrimination against Women General Recommendation No. 26 on women migrant workers of 5 December 2008,
Amendment 6 #
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
Amendment 7 #
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
14a. having regard to European Union Agency for Fundamental Rights 2012 guidelines on "Apprehension of migrants in an irregular situation – fundamental rights considerations",
Amendment 13 #
Motion for a resolution
Recital D
Recital D
D. whereas undocumented women migrants and their dependants are particularly vulnerable to the risks arising from that legal status, as they are exposed to a greater extent than men to the possibility of physical, sexual, and mental abuse, poor working conditions, labour exploitation by employers and double discrimination based on both race and gender;
Amendment 16 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the European Union Agency for Fundamental Rights has documented that apprehension measures and the reporting or exchange of personal data between public institutions and immigration law enforcement bodies may create a general atmosphere of fear among migrants in an irregular situation, deterring them from accessing such institutions and thus disproportionately interfering with their fundamental rights;
Amendment 18 #
Motion for a resolution
Recital F
Recital F
F. whereas undocumented women migrants are more likely to suffer violence and abuse; whereas access to state-run women's shelters most often is subject to the requirement for a legal form of ID or a residence permit, and civil society shelters and support services receiving funds from European Refugee Fund or the European Integration Fund are obliged to deny support to those who are not "asylum seekers or refugees" or "legally residing third country nationals", respectively; and whereas victims consequently have no choice but to remain in an abusive situation or flee to the streets where they are exposed to further violence and exploitation; whereas they risk deportation if they contact the police;
Amendment 20 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the urgent healthcare needs of undocumented women throughout their lifecycle places them at disproportionate risk of receiving extremely high bills for hospital care in countries where they are ineligible for subsidised care, whereas the fear of receiving such bills leads a number of undocumented women to give birth at home without medical support;
Amendment 22 #
Motion for a resolution
Recital H
Recital H
H. whereas access to the most basic healthcare services, such as emergency care, is severely limited, if not impossible, for undocumented migrants on account of the identification requirement, the high price of treatment and the fear of being detected and reported to the authorities; whereas undocumented women migrants are especially at risk, since they are not provided with gender-specific care such as antenatal, natal and postnatal services; whereas some undocumented migrants are not even aware of their health entitlements in the host country of destination;
Amendment 23 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the prostitution markets and industry in Europe to a large extent feeds on the vulnerability of migrant women and girls, and whereas many women in prostitution are undocumented, which adds to the abuse and vulnerability already inherent in the prostitution industry;
Amendment 24 #
Motion for a resolution
Recital J
Recital J
J. whereas migrant children and girls from undocumented families are prevented from going to school owing to their families' fear of detection and inability to provide official documents for enrolment; whereas the use of the educational systems to detect undocumented families in some Member States has created a climate of fear discouraging undocumented families from inscribing their children; whereas undocumented adolescent girls face significant barriers to access higher/ tertiary education and training;
Amendment 26 #
Motion for a resolution
Recital K
Recital K
K. whereas the increased demand for workers in the domestic and care sectors is attracting a large number of women migrants, many of whom arbecome undocumented due to restrictive and discriminatory visa regimes and; whereas the undocumented women working in this sector are most vulnerable to low pay, mental abuse, withholding of wages and passports and sometimes even physical abuse and sexual abuse at the hands of their employers; whereas undocumented women are unlikely to seek redress in courtface significant barriers to report exploitation or seek redress in court as they face a very real threat of arrest and deportation if making contact with the authorities;
Amendment 53 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on Member States to ensure that all migrant women, including undocumented migrant women, that have been victims of abuse and gender-based violence are provided with protection and support, and are considered to carry particular reasons which should grant them asylum or permanent residence permit based on humanitarian reasons, including for migrant women that are exploited in the prostitution industry;
Amendment 55 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines the importance of collecting data on the specific experiences of undocumented women, and strongly underlines the need for reliable, exact, timely and comparable data on the gender-related vulnerabilities of undocumented women and their lack of access to justice and services in the European Union to assist in the development and management of coherent public policies;
Amendment 61 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States to completely and expeditiously cease the detention of children on the basis of their immigration status, and always using the least restrictive means necessary, adopt alternatives to detention that allow children to remain with family members and/or guardians if they are present in the transit and/or destination countries and be accommodated as a family in non- custodial, community-based contexts while their immigration status is being resolved;
Amendment 62 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the Commission to ensure that the standards established by the United Nations Convention on the Rights of the Child (UNCRC) remain the heart of any action on child rights and therefore, undocumented children and girls living with their families or caregivers should be entitled to their rights as children and be protected from violations within migration policies and procedures, including immigration detention and restrictions on access to services, protection and justice;.
Amendment 65 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the EU and its Member States to provide funding avenues for organisations offering legal, humanitarian and social assistance to undocumented women migrants, and to extend the scope of the European Social Fund and the European Integration Fund to include all migrants, irrespective of their residence status;
Amendment 68 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on Member States to ratify the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, recognising the human rights of migrant workers and promoting their access to justice as well as to humane and lawful working and living conditions;
Amendment 69 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the EU and its Member States to insist upon correct terminology with regard to migration policy and refrain from using hostile terminology that depicts individuals as "illegal", which contributes to the negative discourses on migration and wrongly legitimates the discourse of criminalization of migration, contributing to the further alienation, discrimination and marginalization of undocumented migrants;