82 Amendments of Péter NIEDERMÜLLER related to 2018/2103(INI)
Amendment 15 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the Midterm review of the EU framework for national Roma integration strategies,1a __________________ 1a COM(2017) 458 final
Amendment 16 #
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
- having regard to the Commission’s EU Anti-corruption Report,2a __________________ 2a COM(2014)0038
Amendment 17 #
Motion for a resolution
Citation 8 c (new)
Citation 8 c (new)
- having regard to the Commission communication entitled ‘Fighting Corruption in the EU’, 3a __________________ 3a COM(2011)308
Amendment 20 #
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the report entitled ‘Antisemitism - Overview of data available in the European Union 2006–2016’ of the EU Agency for Fundamental Rights (FRA),
Amendment 33 #
Motion for a resolution
Recital B
Recital B
B. whereas women and girls in the EU experience structural gender inequality in a variety of forms and in a range of settings – including gender discrimination, gender- based violence and misogynistic hate speech – which severely limits their ability to enjoy their rights and to participate on an equal footing in society; whereas in 2017, the #MeToo movement raised awareness of the scale and intensity of the sexual harassment and sexual and gender- based violence women face; whereas the #MeToo movement resulted in some positive momentum for gender equality, but cases of sexual harassment and sexual and gender-based violence is still prevalent;
Amendment 81 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas Brexit negotiations are ongoing but already impact directly the lives of millions of European citizens, especially EU nationals’ resident in the UK and UK citizens living in the EU27; whereas safeguarding fundamental rights of people should be as equally important as other aspects in these negotiations;
Amendment 82 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas around 27% of children in the EU are threatened by poverty or social exclusion; whereas this number is an average, and it can be much higher in certain Member States and among especially vulnerable groups, such as Roma, migrant and refugee children;
Amendment 83 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. Whereas the UNHCR reported serious human rights violations in its “position on returns to Libya” of September 2018, such as arbitrary detention, abductions, enforced disappearances, torture, rape and other forms of sexual violence against women and men, unlawful killings including summary executions;
Amendment 84 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas corruption represents a serious fundamental rights violation, a threat to democracy and the rule of law and harms all EU Member States and the EU as a whole; whereas the implementation of the anti-corruption legal framework remains uneven among Member States and dissatisfactory overall;
Amendment 91 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes with concern that the 2017 FRA paper entitled ‘Challenges to women’s human rights in the EU’ confirms that women and girls experience persistent gender discrimination, sexist hate speech, and gender-based violence in the EU, which severely limits their ability to enjoy their rights and to participate on an equal footing in society; whereas the report published in March 2014 by the European Union Agency for Fundamental Rights entitled ‘Violence against women: an EU- wide survey’ shows that one-third of all women in Europe have experienced physical or sexual acts of violence at least once during their adult lives, 20 % have experienced online harassment, one in twenty have been raped and more than one-tenth have suffered sexual violence involving the use of force;
Amendment 96 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls in this regard on EU Member States to consider six main areas of intervention to step up their commitment to safeguarding the dignity and rights of women and girls, as suggested in the FRA report : empowering equality bodies to deal with the entire range of issues that impacts on women’s rights, from gender equality to violence against women; improving safety online; promoting gender equality in education and life-long learning more effectively; introducing gender quotas as a bold step towards positive action; mainstreaming gender equality in the coordination of economic policies across the EU through the European Semester; improving data collection and dissemination of knowledge onin order to eradicate all forms of discrimination and violence against women and girls; Calls for gender equality strategy and its mainstreaming to become part of the European Semester;
Amendment 105 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the signing of the EU’s accession to the Istanbul Convention on 13 June 2017, despite the limitation to only two mandates namely the first comprehensive legally binding instrument on preventing and combating violence against women and gender-based violence, including domestic violence, at international level; regrets that, to date, only 1920 Member States have ratified the Conventionit, to date and calls on the remaining Member States to do so without delay; recognises that when it comes to determining European standards for the protection of women against violence, the Istanbul Convention is the most important point of reference; calls on the Council to swiftly agree on the Code of Conduct, which will govern the implementation of the Convention by the EUurges Member States and the Council Presidency to speed up the EU ratification process;
Amendment 107 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on Member States to ensure effective criminal and judicial follow-up to gender-based violence; calls on Member States to provide the necessary sensitivity and other specialised trainings for police, judicial staff and judges to enable them to adequately deal with the issue of gender-based violence in order to avoid further trauma and re-victimisation during criminal proceedings;
Amendment 108 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on Member States to ensure their authorities are well-trained to recognise and handle cases of gender- based violence, including new forms of violence; calls on Member States to exchange best practices among each other and to provide regular trainings for police and judicial staff on new forms of violence against women, such as stalking, cyber-harassment or revenge porn;
Amendment 109 #
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Urges Member States to provide victims of gender-based violence with an adequate number of shelters and targeted and integrated support services, including trauma support and counselling; urges the Commission and the Member States to support the civil society organisations working with victims of gender-based violence in any way possible, including by regular financial support;
Amendment 111 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. ExpStresses concern about the risk of misogyny in European societies and its that sexism and gender stereotypes, that have led to domination over and discrimination against women, have a severe impact on women’s fundamental rights in all spheres of life; calls on Member States to address the key obstacles to gender equality in economic empowerment and political participation, including sexual harassment which hampers women’s full participation in the labour market; highlights the fact that gender stereotypes must be tackled from an early age to effectively address the under- representation of women in work, decision making and politics; calls on Member States to appropriately address this issue in school curriculaeducation at all levels and for all ages on equality between women and men, on non-stereotyped gender roles and on the respect for personal integrity is required to effectively address all forms of discrimination; calls on Member States to appropriately address this issue in school curricula; deplores that women still suffer from inequalities at work, such as lower participation rates in employment, the pay gap, the greater incidence of part-time employment, poorer pension entitlements, career segregation and poorer levels of progression; structural barriers to women’s economic empowerment are the result of multiple and intersecting forms of inequalities, stereotypes and discrimination in the private and public spheres;
Amendment 116 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Strongly condemns all forms of violence against women (VAW) and therefore calls, once again, the Commission to propose a Directive that introduces common definitions and legal standards on criminalizing VAW with dissuasive sanctions for perpetrators, including measures to tackle effectively sexual harassment and violence in public spaces, at workplace, offline and online; calls on Member States to offer victims full support to report cases of violence against women safely and without fear of consequences, and to ensure appropriate training for professionals dealing with the victims; notes that cases of obstetric violence are more and more reported and that this issue should also be addressed by Member States, in full cooperation with adequate partners such as physicians’ and gynaecologists’ unions and organisations, hospitals and universities;
Amendment 117 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States to effectively promote women’s rights and gender equality, including by running information campaigns to ensure women are aware of their rights; calls on Member States to cooperate effectively with EU institutions on issues of gender equality; calls on Member States to pay special attention to the issue of intersectionality as all women and girls deserve identical rights regardless of their age, race, gender, sex, ethnicity, religion, nationality or migration status;
Amendment 121 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages EU Member States to take effective sSupports demonstrations that took place in several Member Stateps to respect and protect women’sin2017, following retrogressions related to sexual and reproductive health rights, including a range of civil, political, economic, social and cultural rights, including the rights to life, to health, to be free from torture and ill-treatment, to privacy, equality and non-discrimination; recand strong mediatisation of sexual harassment cases; strongly affirms that the denial of sexual and reproductive health and rights services, including safe and legal abortion, is a form of violence against women and girls; reiterates that women and girls must have control over their bodies and sexualities; calls on alls thate Member States have the obligation, under international human rights law, to provide all women with accessible, affordable, good quality sexual and reproductive healthcare and services; notes that this should include the elimination of laws, policies and practices that infringe upon these rights as well as the pto guarantee comprehensive sexuality education, ready access for women to family planning and the full range of reproductive and sexual health rights services, including modern contraception and safe and legal abortion; calls every Member State to refrain from adopting any legislative reform that would amount to a retrogression of already restrictive legislation on women’s access to safe and legal abortion; strongly reaffirms its support for women’s rights organisations, as they have revcention of the erosion of existingly been the target of legal protsecutions; ;
Amendment 147 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that Article 19 of the Universal Declaration of Human Rights, Article 19 of the International Covenant on Civil and Political Rights and Article 13 of the Convention on the Rights of the Child1 of the Charter of Fundamental Rights enshrine every individual’s right to hold opinions without interference, the right to freedom of expression and the right to seek, receive and impart information and ideas through any media, regardless of frontiers;
Amendment 151 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that public deliberation and debate are the lifeblood of a healthy and functioningvital to democracy and encourages, in this context, the EU and the Member States to take further steps to safeguards and protect freedom of speech and assembly as basic principles of democratic processes; strongly condemns in this regard the increasingany restrictions on freedom of assembly, which the authorities have enforced in some cases with violence against protesters; reaffirms the crucial role of these fundamental freedoms in the functioning of democratic societies and calls on the Commission to take an active role in promoting these rights in line with international human rightsEU standards;
Amendment 153 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Member States to guarantee the freedom of the media and media pluralism; strongly condemns moves in certain Member States to concentrate media outlets in the hands of government-friendly businessmen and to misuse public service media as disseminator for the government’s messages only; notes that the role of media is to encourage healthy deliberation and is therefore a pillar of democracy;
Amendment 156 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Member States to undertake adequate measures safeguarding and promoting a pluralist, independent and free media; Calls on the Commission and the Member States to implement legislative frameworks in order to avoid concentration of ownerships in the media sector;
Amendment 161 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its concern that few specific legal provisions to ensure the protection of media actors from violence, threats and pressures can be identified at national level in EU Member States; expresses its concern over the precarious working conditions for journalists and the amount of psychological violence they witness, which compromises their ability to work appropriately and thus hampers media freedom; expresses its deep concern about deadly attacks still being committed against journalists in the Member States; urges the law enforcement national authorities to take all the measures to prevent such violence and further cooperate with EUROPOL, to accelerate investigations on the deaths of journalists in the European Union;
Amendment 166 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the fact that whistle- blowing is an essential element in investigative journalism and press freedom, and; denounces the threats, retaliations and condemnations that whistle-blowers still face in the EU; in this context, recalls its resolution of 24 October 2017 on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies3; points out that, according to the Communication from the Commission on Strengthening whistle-blowers protection at EU level in April 2018, only ten Member States have introduced comprehensive legislation to protect whistle-blowers; welcomes the Commission’s proposal for a horizontal Directive on the protection of persons reporting on breaches of Union law, and calls on co-legislators to swiftly pursue and end negotiations in that regard; __________________ 3 Texts adopted, P8_TA(2017)0402.
Amendment 170 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s decision to establish a High Level Expert Group on fake news and online disinformation; expresses its concern about the potential threat the notion ofat fake news could pose to freedom of speech and expression and to the independence of the media, while underlining the negative effects that the spread of false news might have on the quality of political debate and on the well- informed participation of citizens in democratic society; stresses that political profiling, fake news and manipulation of the information may be used by parties and private or public entities inside and outside the EU, and may hinder EU and national democratic processes, such as the Facebook-Cambridge Analytica scandal; calls on the Commission and co- legislators to work on legislations that would prevent political profiling and manipulation of the information and that would guarantee data protection, transparency and cybersecurity;
Amendment 180 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses concerns about the obstacles to the work of human rights defenders, including civil society organisations active in the field of fundamental rights and democracy, including serious restrictions of freedoms of association and speech for those organisations and citizens, and restrictions of financing; recognises the key role of these organisations in making fundamental rights and values a reality for everyone and stresses that they should be able to carry out their work in a safe and well-supported environment; is concerned by the closing down of civil society space; calls on the EU and the Member States to address proactively the root causes of shrinking civil society space and to uphold their fundamental rights; calls for adequate EU funding to protect fundamental rights and support civil society organisations in the European Union, and for the integrity of those funding; invites the European Commission to establish guidelines regarding civil society and indicators on civic space in the EU;
Amendment 181 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses concerns about the obstacles to the work of human rights defenders, including civil society organisations active in the field of fundamental rights and democracy; recognises the key role of these organisations in making fundamental rights and values a reality for everyone and stresses that they should be able to carry out their work in a safe and well-supported environment; is concerned by the closing down of civil society space; reiterates the need for a dedicated funding, as outlined in the European Parliament’s resolution on establishing European Values Instrument (EVI), to provide support to CSOs engaged in promoting fundamental values in the European Union; calls on the EU and the Member States to address proactively the root causes of shrinking civil society space and to uphold their fundamental rights;
Amendment 199 #
Motion for a resolution
Subheading 3
Subheading 3
Amendment 203 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that EU and its Member States should address adequatnd combat effectively discriminatory or violent treatment and reactions against the schooling ofand participation of children from minority backgrounds, especially migrant and refugee, and Roma children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address and promote respect for diversity, intercultural understanding and human rights, including children’s rights, in regular school curricula;
Amendment 211 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Council to immediately unblock and conclude negotiations on the Equal Treatment Directive;
Amendment 226 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to make efforts to systematically record, collect and publish annually comparable data onfight ethnic discrimination and hate crime in order to enable them andand, along with other key stakeholders, to develop effective, evidence-based legal and policy responses to these phenomena; recalls that any data should be collectedconsiders that if data on ethnic discrimination and hate crime were to be collected, it should be for the sole purpose of identifying the roots of and fighting xenophobic and discriminatory discourse and acts, in accordance with national legal frameworks and EU data protection legislation;
Amendment 231 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. CIs concerned by the increased levels of racial violence and hatred, such as Afrophobia, anti-Gypsyism, anti- Semitism, Islamophobia, or other forms of hatred based on intolerance whether expressed in the form of hate crimes, messages spread on social networks, protests or political propaganda, that have come to be seen as normal in some Member States; calls on the Member States to continue their efforts to ensure the effective practical enforcement of the Race Equality Directive (2000/43/EC) 4 and to ensure effective enforcement of the Framework Decision on Racism and Xenophobia to tackle persisting discrimination against Roma, anti- Semitism, Islamophobia, Afrophobia and anti-Gypsyism; points out that the Member States should put forward or review their national integration strategies to ensure that all people regardless of race, ethnicity, religion gender or any other status are empowered to engage actively in the process of inclusion by promoting their social, economic, political and cultural participation in society; __________________ 4calls for the adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination; __________________ 4 OJ L 180, 19.7.2000, p. 22. OJ L 180, 19.7.2000, p. 22.
Amendment 236 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to continue their efforts to ensure the effective practical enforcement of the Race Equality Directive (2000/43/EC)4 and to ensure effective enforcement of the Framework Decision on Racism and Xenophobia to tackle persisting discrimination against Roma, anti- Ssemitism, Islamophobia, Afrophobia and anti-Ggypsyism; points out that the Member States should review their national integration strategies to ensure that all people regardless of race, ethnicity, religion gender or any other status are empowered to engage actively in the process of inclusion by promoting their social, economic, political and cultural participation in society; __________________ 4 OJ L 180, 19.7.2000, p. 22.
Amendment 238 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Condemns incidents of hate crime and hate speech motivated by racism, xenophobia or religious intolerance or by bias against a person's disability, sexual orientation, sex characteristics or gender identity, which occur in the EU on a daily basis; calls for a zero tolerance approach to any discrimination on the grounds of race, ethnic or social origin, religion or belief, membership of a national minority, disability, age, gender, gender expression, gender identity, sexual orientation, sex characteristics, residence status or health; expresses its concern on the lack of reporting of hate crimes by victims due to inadequate safeguards and failure of authorities to properly investigate and bring convictions for hate crimes in Member States;
Amendment 239 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Regrets that in some Member States the curriculum does not emphasise the importance of tolerance, solidarity, respect for other cultures and religions, and the importance of equality to a sufficient degree. Notes that through education children at a young age could learn what the abovementioned European values are and why they are important; calls on Member States to provide further training to the teachers in this regard; encourages Member States to promote informal educational programs in theatres, cinemas and online campaigns on social media platforms so that children and young adults can learn about these values;
Amendment 242 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Warns that the antisemitism is still a dangerous phenomenon in many Member States in both open and concealed forms; calls on Member States and EU institutions to monitor, publicise, condemn and penalise any anti-Semitic incidents, and develop effective measures on prevention; urges Member States to strengthen their approach against antisemitism and anti-Semitic hate crime; calls on the Commission and the Member States, including regional authorities to protect with all available tools freedom of religion or belief and to promote tolerance and intercultural dialogue through effective policy making, enhancing anti- discrimination policies where needed;
Amendment 244 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
Amendment 245 #
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Expresses concern that during 2017 no major improvement happened in terms of achieving the goals of the National Roma Integration Strategies; points out that resources from the ESIF are not connected to the National Roma Integration Strategies and often do not benefit Roma people; condemns the instances of discrimination, segregation, hate speech, hate motivated crimes and social exclusion experienced by Roma people; condemns the continuous discrimination of Roma people in access to housing, health care, education and labour market; regrets that in the application of the Racial Equality Directive there are still shortcomings, including in the area of awareness of rights and access to justice; warns that Roma children and women are especially vulnerable;
Amendment 247 #
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Calls on Member States to review their National Roma Integration Strategies, and to ensure the active participation and ownership of Roma people of the Strategies; calls on Member States to put in place specific measures to fight ethnic discrimination against Roma in line with the Racial Equality Directive provisions and the European Convention on Human Rights, and to combat anti- Gypsyism in line with the Framework Decision on Racism and Xenophobia; calls for the FRA to continue its data collection on the situation of Roma and develop and propose a "dashboard" of Roma inclusion indicators that would make possible tracking progress in that area; calls for the development of the European Framework for National Roma Integration Strategies into a fully-fledged European Strategy;
Amendment 249 #
Motion for a resolution
Paragraph 14 f (new)
Paragraph 14 f (new)
14f. Calls on Member States to tackle anti-Gypsyism; notes that anti-Gypsyism goes beyond the legal notion of discrimination; recalls that it can be addressed as a separate thematic area with specific measures, such as awareness-raising, informing about the mutual benefits of Roma inclusion and inter-ethnic community-building; notes that fighting anti-Gypsyism should include measures to prevent and counter bias-motivated hate crime and hate speech targeting Roma; reminds that fighting anti-Gypsyism and stereotypes by targeting majority society is a pre- condition for generating political will and for the success of any Roma inclusion intervention; 5a __________________ 5a Midterm review of the EU framework for national Roma integration strategies(2017)
Amendment 250 #
Motion for a resolution
Paragraph 14 g (new)
Paragraph 14 g (new)
14g. Encourages reporting under international human rights mechanisms to more systematically complement the monitoring of discrimination and anti- Gypsyism under the EU framework, through closer cooperation with organisations such as the Council of Europe, the United Nations and the Organisation for Security and Cooperation in Europe; encourages further work by the EU’s Agency for Fundamental Rights (FRA) on integrating rights-based indicators under the reporting framework and more in- depth analysis of the fight against discrimination and anti-Gypsyism in each area of the framework; 6a __________________ 6a Midterm review of the EU framework for national Roma integration strategies(2017)
Amendment 251 #
Motion for a resolution
Paragraph 14 h (new)
Paragraph 14 h (new)
14h. Encourages an integrated lifecycle approach in policy interventions targeting Roma youth, women and children, and improving their participation in all stages of the policy process and decisions affecting them; reminds of the role of direct EU funding, including under the rights, equality and citizenship programme; encourages its use to support local civil society empowerment and capacity-building, improving access to funds, quality of implementation and independent monitoring;7a __________________ 7a Midterm review of the EU framework for national Roma integration strategies(2017)
Amendment 253 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores the fact that in 2017, LGBTI people were still victims of discrimination and hatred and encourages the Member States to adopt laws and policies to combat homophobia and transphobia; calls on the Member States to update their criminal codes accordingly to the Council Directive 2000/78/EC Establishing a general framework for equal treatment in employment and occupation and the Council Directive 2000/43/EC which implement the principle of equal treatment between persons irrespective of racial or ethnic origin, homosexuality and disabilities should be found in every catalogue of features protected against discrimination;
Amendment 254 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores the fact that in 2017, LGBTI people were still victims of discrimination and hatred and encourages the Member States to adopt laws and policies to combat homophobia and transphobia; bullying, harassment and violence and were facing multiple discriminations including in the areas of Education, Health, and Employment; encourages the Member States to adopt laws and policies to combat homophobia and transphobia; Welcomes the implementation of some items contained in the list of actions by the Commission to advance LGBTI equality (2014-2019); calls on the European Commission to maintain an ambitious and multiannual planning in this field in close cooperation with civil society organisations working in this field;
Amendment 258 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Condemns firmly the promotion and the practice of LGBTI conversion therapies and pathologisation of trans identities; urges all Member States to criminalise LGBTI conversion therapies and to adopt measures that respect and uphold the right to gender identity and gender expression; denounces the fact that several Member States keep imposing requirements on transgender people such as medical intervention in order to have the changed gender recognised and forced sterilisation as a condition for legal gender recognition; notes that such requirements are clearly human rights violations; calls on the Commission to provide guidance to Member States on the best models for legal gender recognition in Europe; calls on Member States to recognise change of gender and to provide access to quick, accessible and transparent legal gender recognition procedures without medical requirements such as surgery or sterilisation or psychiatric consent;
Amendment 262 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Strongly condemns hate speech, threats and hate crime, and calls on Member States to properly investigate and prosecute the perpetrators, including the perpetrators of crimes against refugees, asylum-seekers and migrants; calls on the Member States to properly document and collect data on hate speech, hate crimes and xenophobic attacks committed specifically against refugees, asylum- seekers and migrants;
Amendment 265 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Recalls that the UN Convention on the Rights of Persons with Disabilities (UNCRPD) is a legally binding international treaty, signed and ratified by the EU, currently implemented with the European Disability Strategy 2010-2020, to ensure equal opportunities, regarding: accessibility, participation, equality, employment, education and training, social protection, health, and EU external action; underlines that, in its implementation report of the European Disability Strategy in February 2017, the Commission noted that although progress was made, particularly with the European Accessibility Act proposed in 2015, persons with disabilities are still disadvantaged and discriminated regarding employment, education and social inclusion; in that regard, stresses that the objectives of the Strategy remain, that accurate actions should be taken between 2017 and 2020 and that the European Parliament Resolution of 30 November 2017 recommended: compulsory requirements regarding accessibility in public space, minimum percentage for employment of persons with disabilities, guarantees for an inclusive education, including access to initiatives such as Erasmus +, and a particular attention for women and children with disabilities;
Amendment 269 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Regrets multiple and intersectional discriminations faced by elderly people in an ageing European society; calls on all level of governments to better integrate this dimension when drafting and implementing policies, including in the implementation of the European Pillar of Social Rights;
Amendment 270 #
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Insists that the UK Withdrawal Agreement and any Future Relationship Agreement between the EU27 and the UK must comply with fundamental human rights obligations, specifically in relation to those EU nationals’ resident in the UK who may no longer have these rights protected by the CJEU; Calls for the fundamental rights of EU citizens who moved within the union under freedom of movement to have these rights upheld after Brexit; calls for guarantees to be included in any Future Relationship Agreement; demands legal protection ensuring these rights cannot be removed in the future;
Amendment 274 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Affirms that the separation of powers and the independence of the judiciary are essential to ensure the effective functioning of the rule of law in any society; recalls that this concept is enshrined in the 1948 Universal Declaration of Human Rights, in the principles of equality before the law, the presumption of innocence and the right to a fair and public hearing by a competent, independent and impartial tribunal established before the law; these fundamental values were the inspiration for the introductory articles of the European Treaties, which every Member State has willingly endorsed and committed themselves to respecting;
Amendment 275 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Affirms that the separation of powers and the independence of the judiciary are essential to ensure the effective functioning of the rule of law in any society; recalls that this concept is enshrined in the 1948 Universal Declaration of Human Rights and in Article 47 of the EU Charter on Fundamental Rights, in the principles of equality before the law, the presumption of innocence and the right to a fair and public hearing by a competent, independent and impartial tribunal established before the law;
Amendment 284 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that the rule of law is part of and a prerequisite for the protection of all values listed in Article 2 of the TEU; calls on all relevant actors at EU level and national level, including governments, parliaments and the judiciary to step up efforts to uphold and reinforce the rule of law; recalls that these actors have the responsibility to address rule of law concerns and that they play an important role ino preventing any erosion of the rule of law, which is not a blind application of law but our democratic acceptance of being ruled by law;
Amendment 287 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Asserts that neither national sovereignty nor subsidiarity can justify the systematic refusal from a Member State to comply with the fundamental values of the European Union and the European Treaties, which every Member State has willingly endorsed and committed to respect when entering the EU; recalls that having accessed to the EU by complying with the Copenhagen Criteria does not allow any Member State to then breach EU fundamental values and the Treaties; Whereas some governance practices, including the participation of parties promoting racist, xenophobic and other discriminatory ideas, policies and practices in coalition governments, seen in some Member States reflect a selective approach to the benefits and responsibilities of EU membership, and whereas the refusal by those Member States to fully uphold EU law, the separation of powers, the independence of the judiciary and the predictability of State actions is undermining the credibility of the EU as a legal area;
Amendment 290 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. RStrongly condemns the efforts of some Member State governments to weaken the separation of powers and the independence of the judiciary; recalls that the Commission, as guardian of the Treaties, has the legitimacy and authority to ensure that all Member States are upholding the principles of the rule of law and the other values referred to in Article 2 of the TEU; insists that Article 7 of the TEU should be employed if all other remedies have failed;
Amendment 292 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that the Commission, as guardian of the Treaties, has the legitimacy and authority to ensure that all Member States are upholding the principles of the rule of law and the other values referred toenshrined in Article 2 of the TEU; insists that Article 7 of the TEU should be employactivated if all other remedies have failed and invites the Council to examine and follow-up any proposals from the European Commission and the European Parliament relating to that procedure;
Amendment 295 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that, in accordance with Article 17(1) of the TEU, the Commission, as guardian of the Treaties, has the legitimacy and authority to ensure that all Member States are upholding the principles of the rule of law and the other values referred to in Article 2 of the TEU; insists that Article 7 of the TEU should be employed if all other remedies have failed;
Amendment 297 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes the Commission's and the Council's efforts to ensure that all Member States fully uphold the rule of law, but also the limited impact of the procedures regarding the art. 7(1) TEU; considers that all legal steps, taken thus far, in the scope of art. 7(1), are insufficient and has not brought any tangible results on the general situation of the rule of law in the Union; calls on the Council to start, without further delay, the necessary proceedings to determine whether there is an existence of a clear risk of a serious breach of the values on which the Union is founded in the Member States concerned;
Amendment 308 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls Parliament’s resolution with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights5 , adopted on 10 October 2016; reiterates its call on the Commission to submit, on the basis of Article 295 of the TFEU, a proposal for the conclusion of a Union Pact for democracy, the rule of law and fundamental rights (EU Pact for DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation between the Union institutions and the Member States in the framework of Article 7 of the TEU; __________________ 5considers that this Mechanism would be a fair, balanced, regular and preventive mechanism regarding any breach of the values listed in Article 2 of the TEU, that could function as the European Semester on economic policies; __________________ 5 OJ C 215, 19.6.2018, p. 162. OJ C 215, 19.6.2018, p. 162.
Amendment 313 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Shares the view that any rule of law assessment should be based on solid, objective and comparable data and analysis; Wrecalls that fundamental rights should be included as part of the impact assessment for all legislative proposals; welcomes in this regard the FRA’s new European Union Fundamental Rights Information System (EFRIS), which will bring together all existing information relevant to fundamental rights delivered under the different mechanisms at UN, Council of Europe and EU level;
Amendment 320 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges the Commission to continue publishing its anti-corruption reports; regrets that the report should be published every three years since 2011 but haven’t been published since 2014; underlines that having anti-corruption fact sheets as part of the European Semester is not efficient enough to set corruption clearly on the agenda;
Amendment 321 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that corruption is a serious threat to democracy, rule of law and fundamental rights; reiterates that corruption poses a threat to good governance and the economic development; calls on the Member States and the EU institutions to fight corruption and to devise effective instruments for combating fraud;
Amendment 327 #
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Reiterates the Commission’s statement in its communication entitled ‘Fighting Corruption in the EU’ that it would seek approval to participate in GRECO, the anti-corruption network set up by the Council of Europe;
Amendment 329 #
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Welcomes the developments of European consumer rights, with regards to Article 47 of the Charter and Article 6 and 13 of the EHCR, that allows citizens to file joint claims when providers are breaching consumer laws;
Amendment 330 #
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Highlights the importance of the freedom of movement and residence of European citizens and their families, as one of the most important fundamental values for our citizens;
Amendment 339 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Expresses concerns about persistent fundamental rights challenges in the area of migration, with regard to access to territory, reception conditions, asylum procedures, immigration detention and protection of unaccompanied children;
Amendment 341 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Calls on Member States to demand their authorities to examine whether their legitimate objectives could be achieved by less coercive measures than detention and to fully justify with facts and legal reasoning when detention is chosen in the case of asylum-seekers, refugees and migrants;
Amendment 343 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Recalls, that all the Member States are signatories to Geneva Conventions, and are therefore obliged to ensure that all Its provisions are respected, regardless of the circumstances.
Amendment 346 #
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 348 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. CRecalls on Member States tothat according to the European Data Protection Supervisor the interoduce specific safeguards to guarantee that the interoperability of large-scale IT systems does not lead to adverse effects on the rights of children or vulnerable persons, such as applicants for and beneficiaries of international protection, or to discriminatory profiling; calls on Member States to ensure that the implementation of interoperability aims at fulfilling a child protection objective, such as identifying missing children and assisting family reunification; perability of Justice and Home Affairs databases represents a sea change and a point of no return as regards handling sensitive personal data, including biometric data of third-country nationals; notes that it therefore requires a strict check against the European Union’s data protection principles such as necessity and proportionality; reminds that the interoperability of Justice and Home Affairs databases should adhere to the principle of purpose limitation; calls on the co-legislators to ensure it does not lead to adverse effects on the rights of third-country nationals, with special attention paid to children or vulnerable persons, such as applicants for and beneficiaries of international protection, or to discriminatory profiling; emphasises that interoperability should not overreach its intended scope as communication between the Justice and Home Affairs to include objectives other than the objectives of the underlying systems;
Amendment 354 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Strongly denounces that some Member States do not comply with EU asylum and return legislation and violate migrants and asylum seekers’ rights, such as failing to provide effective access to asylum procedures, failing to give clear information on legal remedies following a return decision, depriving migrants and asylum seekers of food or using automatic and systematic detention;
Amendment 355 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on Member States to effectively ensure the right to asylum and to accept relocation of asylum seekers, as agreed in the Council’s decisions in September 2015; calls on the Council to swiftly move on with the Dublin Regulation reform, that it currently blocks, and that prevents the European Common Asylum System from working properly; Stresses that Commission should initiate and Member States should implement a combination of protection- related schemes, such as resettlement and humanitarian admission, and regular mobility schemes to promote legal pathways to the EU for persons in need of protection; recalls that any action undertaken by a Member State, when acting within the scope of EU law, must respect the rights and principles of the EU Charter of Fundamental Rights; also calls on Member States to respect the principle of non-refoulement and introduce adequate procedural safeguards to their asylum and border procedures, including safeguards against collective expulsion;
Amendment 361 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that the EU and the Member States should develop credible and effective systems that would make it unnecessary tonot detain children for asylum or return purposes; stresses the importance of taking the principle of the best interests of the child into consideration in all aspects concerning children as well as of the practical implementation of the right to be heard; recalls that Article 14 of the EU Charter of Fundamental Rights and Article 28 of the United Nations Conventions on the Rights of the Child guarantee the right to education to every child, including migrant and refugee children, both unaccompanied and accompanied and avoiding separated schooling and segregation; stresses that Member States should ensure that migrant and refugee children are effectively supported through linguistic, social and psychological support based on individual assessment of their needs;
Amendment 366 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Acknowledges, that while there may be indications that an asylum procedure is lengthy, determining the appropriate time of such a procedure seems almost impossible. The right to good administration and to a fair hearing within a reasonable time is infringed by asylum procedures leaving an asylum seeker in a state of prolonged uncertainty and limbo. On the other hand, extremely truncated procedures may violate the individual’s right of access to asylum and to an effective remedy; Calls therefore on Member States to accelerate the procedures, while keeping all the necessary security safeguards, in order not to detain migrants more than it is necessary, since it has a negative impact on their following integration process;
Amendment 367 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Is concerned over the specific needs and vulnerabilities of asylum seekers from marginalised groups, such as LGBTI, and of women asylum seekers; calls upon Member States to ensure that the specific needs for safety and healthcare of both groups, and legal recognition of trans asylum seekers, are met;
Amendment 370 #
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 378 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Underlines that Member States take responsibility for making it even more difficult for migrants to arrive in the EU, for any life losses in the Mediterranean Sea, and for externalising EU migration policies; notes that the HCR reported common serious human rights violations and abuses in third countries that the EU cooperates with, such as Libya;
Amendment 387 #
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 399 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on Member States to introduce specific safeguards to guarantee, if large-scale IT systems are to be made interoperable, that it should not lead to adverse effects on the rights of children or vulnerable persons, such as applicants for and beneficiaries of international protection, or to discriminatory profiling; calls on Member States to ensure that the implementation of interoperability aims at fulfilling a child protection objective, such as identifying missing children and assisting family reunification;
Amendment 401 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on Member States to pay special attention to the education of refugee children to ensure their smooth transition;
Amendment 405 #
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Welcomes the Commission’s initiative of the European Union Emergency Trust Fund for Africa to address the root causes of irregular migration and to improve living standards in some affected African regions; urges the Commission and the Member States to expand the programme both territorially and financially;
Amendment 407 #
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27c. Calls on Member States to demand their authorities to provide help and medical treatment to asylum-seekers, refugees and migrants who suffered sexual or gender-based violence or harassment; stresses the need to tackle such crimes during the time their application is being processed;