[ParlTrack]

Motion for a resolution
Citation 15 a (new)

– having regard to its resolution of 15 April 2015 on the occasion of International Roma Day – anti-Gypsyism in Europe and EU recognition of the memorial day of the Roma genocide during World War II 14,

2016/09/21
Committee: LIBE

Barbara SPINELLI

Motion for a resolution
Recital B

B. whereas acts of terrorism constitute one of the most serious violations of fundamental rights and freedoms; whereas it is necessary to have adequate tools in place to protect EU citizens and residents and to respond ~~properly~~ to such violations within the framework of the rule of law and fundamental rights;

2016/09/21
Committee: LIBE

Barbara SPINELLI

Motion for a resolution
Recital O a (new)

Oa. whereas in 2015 the number of violent attacks targeting Jews in Europe has raised serious security concerns among Jewish communities;

2016/09/21
Committee: LIBE

Barbara SPINELLI

Motion for a resolution
Recital O b (new)

Ob. whereas Muslim communities have been disproportionately targeted by counter-terrorism legislation, policies and practices which can have a discriminatory bias;

2016/09/21
Committee: LIBE

Barbara SPINELLI

Motion for a resolution
Recital O c (new)

Oc. whereas according to a research by the European Network Against Racism people of African descent are particularly victims of discrimination and racism, in particular police violence and hate crime;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Malin BJÖRK, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 2 a (new)

2a. Points out to the urgent need of facilitating family reunification; condemns in this respect all changes in national legislations that have led to restricting the right to family life of persons fleeing persecutions and its dramatic consequences for families being separated and at risk of death or starvation in countries of origin and transit, and at risk of segregation and abandonment in detention centres located in EU member countries;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 2 b (new)

2b. Whereas the Commissioner for Human Rights at the Council of Europe in the issue paper "the right to leave a country" states that EU Member States have adopted a panoply of measures which have the effect of preventing people from leaving the country , including mandatory visa requirements which only prevent some people from leaving the state of origin and transit, to readmission agreements which have the effect of enabling EU Member States to send back anyone, citizen or foreigner, who is found irregularly present in the state of entry (and who has passed through or is a citizen of the state of origin and transit);

2016/09/21
Committee: LIBE

Barbara SPINELLI, Malin BJÖRK, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 2 c (new)

2c. Whereas the Commissioner for Human Rights at the Council of Europe expressed in the issue paper "the right to leave a country" that the right to leave a State belongs not only to citizens of a particular state but also to foreigners; whereas States are not entitled to place obstacles in the way of foreigners leaving their countries irrespective of where the foreigners seek to go;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 2 d (new)

2d. Urges the Commission to propose a revision of Regulation 862/2007 so that it will include gender-differentiated statistical data on the operation of detention facilities; this revision should also require collection of gender- disaggregated data at registration sites and in first-line and long-term reception facilities, as well as data on vulnerable groups including but not limited to LGBTI persons or with disabilities, in order to improve understanding of and response to the specific needs of refugees, and asylum-seekers;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Malin BJÖRK, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 2 e (new)

2e. Highlights the double discrimination that migrant women face, as both migrants and as women, and the special circumstances that they may face in detention or reception centres, such as physical safety and harassment concerns, and their need for access to feminine hygiene supplies, privacy, and reproductive healthcare;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 3 a (new)

3a. Calls on the Commission to propose a non-exhaustive of "humanitarian grounds" for the release of humanitarian visas to offer Member States a standardised solution to providing humanitarian visas;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 3 b (new)

3b. Recalls that both international law and the EU Charter of Fundamental Rights require Member States to examine alternatives to detention, as an application of the principles of necessity and proportionality in order to avoid arbitrary deprivation of liberty; Alternatives to detention include but are not limited to such as regular reporting to the authorities, the deposit of a financial guarantee, or an obligation to stay at an assigned place;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Malin BJÖRK, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 3 c (new)

3c. Recalls that Article 3 of the 1989 UN Convention on the Rights of the Child provides that all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. Calls therefore on Member States to the abolish of all forms of detention of minors;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 3 d (new)

3d. Calls for the revision of Article 1.2 of Council Directive 2002/90/EC to provide for a mandatory exemption from criminalisation for 'humanitarian assistance' in cases of entry, transit and residence of third country nationals;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 3 e (new)

3e. Calls on EU Member States to review their border and immigration control laws, policies and practices so that they do not interfere with the right of every individual to leave their country of origin, residence or transit;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Malin BJÖRK, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 3 f (new)

3f. Calls on the Member States and the Commission to take the necessary measures to provide information and ensure transparency concerning the detention of migrants and asylum-seekers in numerous Member States, including access to NGOs and journalists;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 3 g (new)

3g. Beneficiaries of international protection should be allowed to extend their right to travel up to three months in other EU Member States to find employment if a local sponsor (individuals, companies, other entities) expresses his or her willingness to take care of the asylum seeker (i.e. through accommodation, facilitation of integration process and search for job) and give a financial guarantee and other evidence of credibility;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 3 h (new)

3h. Likewise, persons who have not been granted international protection in the Union but have received an offer of scholarship, employment or have regularly worked in a Member State while their protection claim was being processed should be able to avail themselves of a resident permit for third country nationals instead; urges the Commission to address this issue by providing innovative proposals in this direction;

2016/09/21
Committee: LIBE

Barbara SPINELLI

Motion for a resolution
Paragraph 3 i (new)

3i. Highlights the fact that the principles of equal treatment, non- discrimination and equal opportunities should always be ensured when designing and implementing social inclusion and integration policy and measures; Stresses that multiple discrimination should be addressed holistically throughout all migration and integration policies; Calls on Member States to refrain from inciting fear and hatred in their citizens towards migrants and asylum-seekers for political gains, therefore, calls on Member States to put an end to their strongly biased xenophobic communication strategies (such as anti-refugee billboard campaigns);

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 4 a (new)

4a. Reiterates the need of a definition of environmental refugees and a multilateral legal instrument to address the needs of environmental refugees in order to protect people fleeing events triggered by climate change, natural catastrophes and land - or water - grabbing;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 5 a (new)

5a. Deplores France's and Germany's call on the European Union to adopt a law that would require app companies to make encrypted messages available to law enforcement, as part of Europe's ongoing efforts to thwart terrorist attacks. Believes this limitation is more likely to have a bad impact on the privacy and the security of the users - by making them more vulnerable to hacking - rather than weakening terrorism, since terrorists or other criminals will still benefit from a wide range of open-source services available for download online;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 5 b (new)

5b. Calls for a common legislation to protect whistle-blowers, witnesses and persons who cooperate with the judicial process, including the establishment of a specific fund aimed at giving protection to the person lodging the complaint, in order to support legal fees, medical bills, psycho-social counselling as a resettlement programme; considers that whistleblowing and filing of complaints generally cause the loss of employment or deeply worsen the working conditions of the person;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 5 c (new)

5c. Calls for the implementation of Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law. Invites the Member States to fully implement this directive, punishing with effective, proportionate and dissuasive criminal penalties any kind of unlawful behaviour having negative impacts on human health or the environment included: discharge, emission or introduction into air, soil or water of dangerous materials; burning of waste; illegal trade, collection and transport of hazardous waste; construction of public and private buildings with poor quality construction materials which are inappropriate to deal with possible damages caused by earthquakes and avalanches . Invites Member States to consider waste combustion as a criminal offense punishable with criminal penalties, in the same way as those included in directive 2008/99/CE. Invites, the EU Network for the Implementation and Enforcement of Environmental Law (IMPEL), to inform periodically the European Parliament about the actions of Member States in the implementation of directive 2008/99/CE;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 7 a (new)

7a. Recalls that exclusion and discrimination against religious communities in the European Union creates a fertile ground for individuals in vulnerable situations to join extremist organisations that can be violent; considers a consistent application of anti- discrimination legislation as a crucial element of strategies to prevent radicalisation or enable deradicalisation of those belonging to extremist organisations; Recommends that security approaches be complemented by long-term policies to prevent radicalisation and recruitment of citizens of the Union by extremist organisations; calls for strategies on social inclusion, education, employment and housing and policies to tackle discrimination and exclusion to stop vulnerable individuals joining violent extremist organisations as well as educating the general population about other cultures and traditions; Recommends that Member States' counter-radicalisation and counter- terrorism criminal or administrative measures ensure that responses are proportionate and that any restriction to the enjoyment of human rights are subject to judicial review and/or independent oversight; encourages Member States to ensure that such policies do not create 'suspect categories' broadly based on religious affiliations or practices, nor cultivate environments of stereotyping and religious hatred;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 8 a (new)

8a. Notes following UNHCR's guidelines on international protection, that the statuses of victims of THB and of refugees are closely linked. Trafficking generally takes place in dangerous and degrading conditions and involves a range of human rights violations and abuses and severe exploitation such as abduction, incarceration, rape, sexual enslavement, enforced prostitution, forced labour, removal of organs, physical beatings, starvation, deprivation of medical treatment. Since such acts constitute serious violations of human rights which generally amount to persecution, these victims of trafficking should benefit from the same guarantees provided by the Qualifications Directive (2011/95/EU);

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 8 b (new)

8b. Highlights that women are trafficked at a much higher rate than men and that women living in poverty or with low socio-economic opportunities are more vulnerable to traffickers; a priority should be made to empower women with employment opportunities, economic security, and stronger legal protection against loss of assets or property so that they are less susceptible to be lured in by traffickers;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Malin BJÖRK, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 11 a (new)

11a. Calls on Member States in which the exploitation of victims of trafficking in human beings has taken place to offer adequate and necessary gender-sensitive medical treatment based on individual needs, paying special attention to victims of trafficking in human beings for sexual exploitation;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 11 b (new)

11b. Calls on the EU and its Member States to recognise human trafficking for ransom with torture practices as a form of human trafficking; considers that the severely traumatised survivors should be recognised as victims of a form of prosecutable human trafficking and receive protection, care and support [1] . [1] This new type of trafficking has already been introduced by the EP "resolution of 10 March 2016 on the situation in Eritrea", Paragraph T

2016/09/21
Committee: LIBE

Barbara SPINELLI, Kostas CHRYSOGONOS

Motion for a resolution
Subheading 5

~~Hate crime~~ Racism, xenophobia and other forms of intolerance

2016/09/21
Committee: LIBE

Barbara SPINELLI, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 12 a (new)

12a. Is concerned by increasing racism and xenophobia in the form of Afrophobia, anti-Gypsyism, anti- Semitism, Islamophobia and anti-migrant sentiment; Highlights that many minority groups continue to face discrimination in employment, housing, education, health, access to goods and services in Member States; Condemns incidents of hate crime and speech motivated by racism, xenophobia or religious intolerance or by bias against a person's disability, sexual orientation or gender identity, which occur in the EU on a daily basis; calls 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, also protecting from discrimination on the grounds of religion and belief, disability, age and sexual orientation outside of employment; Welcomes the annual EU Colloquium on Fundamental Rights and the appointment of Coordinators on anti-Semitism and anti-Muslim hatred; encourages the Commission to appoint Coordinators on Afrophobia and anti-Gypsyism and recommends adoption of European frameworks for national strategies to combat Afrophobia, anti-Gypsyism, anti- Semitism and Islamophobia; Recognises that the full extent of inequality along lines of ethnicity, race and religion in the EU remains unacknowledged in the absence of comparable and disaggregated equality data collected by Member States; considers the collection of such data by Member States essential for meaningful policies implementing EU equality law; Calls for the Commission to issue guidelines for Member States on the collection of equality data disaggregated by ethnicity, race and religion according to privacy and fundamental rights standards; Notes the intersectionality between gender and other grounds of discrimination and the impact of multiple discrimination on women; encourages Member States to work with regional and local authorities, law enforcement bodies, national equality bodies and civil society organisations to increase monitoring of the intersectionality between different grounds of discrimination and gender; Is concerned at the growing presence of hate speech on the internet; recommends Member States to put in place a simple procedure enabling members of the public to report the presence of hate content on the internet; Deplores increasing levels of hate speech from within certain institutions, political parties, individuals and media; calls on the EU to set the example of opposing hate speech within the institutions; recommends the need for strengthened procedures sanctioning hate speech by officials and parliamentarians within the EU; Expresses its concern at 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; Expresses its concern that several Member States have not correctly transposed the provisions of Framework Decision 2008/913/JHA; calls on Member States to implement the Framework Decision on Combatting Racism and Xenophobia and the new Victims of Crime Directive and for the Commission to monitor the transposition of these instruments and to launch infringement procedures against those Member States that fail to transpose them; Calls on the Commission to propose a review of the Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law to include other forms of bias-motivated crime, including on grounds of sexual orientation, gender identity and gender expression;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 14 a (new)

14a. Calls on Member States to prevent, with all means, cases of hate crime and hate speech carried out by public security police forces and by all authorities linked to Public Safety organisations;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 15

15. Calls on the EU and the Member States to strengthen the role of human rights education in national curricula as a tool for preventing racism and related intolerance, and calls for greater rights awareness; considers that a complete human rights education must also adequately include education on past human rights injustices and institutional racisms such as the Roma holocaust, and the importance of memory for formerly oppressed groups such as the victims of slavery;

2016/09/21
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 18 a (new)

18 a. Highlights the dangerous potential for the internet, social media, and other types of technology to be used to control, threaten, and humiliate women such as instances of stalking, harassment, posting of sexual or nude photos without consent, which are also forms of violence against women that may fall under the definition of violence against women and gender- based violence against women in the Istanbul convention under Art. 3a and 3d;

2016/10/03
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 21 a (new)

21 a. Calls Member States to implement Article 4 of the International Convention on the Rights of the Child which underlines their obligation to guarantee children's rights as set out in the text of the Convention;

2016/10/03
Committee: LIBE

Barbara SPINELLI

Motion for a resolution
Paragraph 39 a (new)

39 a. Notes that people belonging to the Roma minority are disproportionately subjected to forced evictions in many Member States, impeding their freedom of movement; calls on the Member States not to plan resettlement policies based on ethnicity; Calls on Member States, in the light of the Commission's Report on the implementation of the EU Framework for National Roma Integration Strategies 2015, to put in place specific measures to fight racial discrimination against Roma, and to mainstream non-discrimination policies within other EU policies such as employment and structural funds;

2016/10/03
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 40 a (new)

40 a. Believes that for Roma inclusion to be effective, national and local authorities must prioritise policies to fight all forms of discrimination by putting an end to residential and scholastic segregation, banning ethnic profiling and fighting police brutality, addressing statelessness and ending forced evictions as well as ensuring access to justice and legal aid to those in need;

2016/10/03
Committee: LIBE

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 40 b (new)

40 b. Invites Member States to implement the recommendations of the EU Fundamental Rights Agency according to which Member states shall enhance the active participation and engagement of Roma public authorities, particularly at local level, and take measures to improve community cohesion and trust involving local residents, as well as civil society, through systematic engagement efforts. Believes such measures should contribute to improving the participation of Roma in local level integration processes, especially through identifying their own needs, through formulating responses and through mobilising resources;

2016/10/03
Committee: LIBE

37 Amendments of Barbara SPINELLI related to 2016/2009(INI)

ParlTrack - 2011-2024