55 Amendments of Caterina CHINNICI related to 2014/2254(INI)
Amendment 9 #
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the UN Convention on the Rights of Persons with Disabilities, adopted in New York on 13 December 2006,
Amendment 11 #
Motion for a resolution
Citation 6
Citation 6
– having regard to the Universal Declaration of Human Rights and the United Nations conventions on the protection of human rights and fundamental freedoms,
Amendment 13 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the United Nations Convention on the Rights of the Child, adopted in New York on 20 November 1989,
Amendment 14 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the following General Comment of the UN Committee on the Rights of the Child: No 7 (2005) on implementing child rights in early childhood, No 9 (2006) on the rights of children with disabilities, to No 10 (2007) on children's rights in juvenile justice, No 12 (2009) on the right of the child to be heard, No 13 (2011) on the right of the child to freedom from all forms of violence, No 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration,
Amendment 35 #
Motion for a resolution
Citation 15
Citation 15
– having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data2 , __________________ 2, to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, and to Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, __________________ 2 OJ L 281, 23.11.1995, p. 31. OJ L 281, 23.11.1995, p. 31.
Amendment 37 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the EU Strategy towards the Eradication of Trafficking in Human Beings 2012-2016, in particular the provisions on financing the development of guidelines on child protection systems and on the exchange of best practices,
Amendment 38 #
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
– having regard to Commission recommendation 2013/112/EU of 20 February 2013 entitled 'Investing in children: breaking the cycle of disadvantage'
Amendment 39 #
Motion for a resolution
Citation 15 c (new)
Citation 15 c (new)
– having regard to its resolution of 12 September 2013 on the situation of unaccompanied minors in the EU(4) ,
Amendment 40 #
Motion for a resolution
Citation 15 d (new)
Citation 15 d (new)
– having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and to the Beijing Platform for Action, to its resolutions of 25 February 2014 with recommendations to the Commission on combating violence against women and of 6 February 2014 on the Commission communication entitled 'Towards the elimination of female genital mutilation', and to the Council conclusions of 5 June 2014 on preventing and combating all forms of violence against women and girls, including female genital mutilation,
Amendment 46 #
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
– having regard to the package of directives on Procedural Defence Rights in the EU,
Amendment 58 #
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to its Resolution on 25th anniversary of the UN Convention on the Rights of the Child of 27 November 2014
Amendment 82 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas human beings who are citizens or residents are placed at centre stage in the European Union and whereas the personal, civil, political, economic and social rights recognised by the Charter not only have the aim of protecting European citizens and residents against any interference, abuse or violence but are also preconditions for ensuring their full and untroubled personal development;
Amendment 92 #
Motion for a resolution
Recital B
Recital B
B. whereas the way the rule of law is implemented at national level plays a key role in ensuring mutual trust among Member States and their legal systems, hence it is of vital importance to establishing an area of freedom, security and justice as described in Title V of the Treaty on the Functioning of the European Union (TFEU) requires the EU and each Member State to uphold fundamental rights in full;
Amendment 101 #
Motion for a resolution
Recital C
Recital C
C. whereas the EU is undergoing a period of economic and financial crisis and whereas the response of the EU and the Member States has seriously compromised the wellbeing of citizenswhose impact, in combination with an EU response excessively biased towards austerity policies rather than towards reviving sustainable growth, in some Member States has seriously damaged the quality and quantity of services and hence the wellbeing of citizens, particularly families and old people living alone, and their fundamental rights;
Amendment 103 #
Motion for a resolution
Recital C
Recital C
C. whereas the EU is undergoing a period of economic and financial crisis, and whereas the response of the EU and the Member States has seriously compromised the wellbeing of citizens and their fundamental right, including children and young people and the respect of their fundamental rights, and further increased the socio-economic exclusion of citizens in several countries;
Amendment 168 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that it is essential to guarantee that the common European values listed in Article 2 TEU are upheld in full in both European and national legislation, public policies and their implementation;
Amendment 187 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to ensure coordination within its different services with a view to effectively mainstreaming children's rights in all EU legislative proposals, policies and financial decisions;
Amendment 188 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Reiterates its call on the Commission to propose a new child rights strategy and action plan for the next five years, building on and upgrading the EU Agenda on the Rights of a Child;
Amendment 189 #
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on Member States to ensure that the principle of the best interests of the child is respected in all legislation and decisions taken at all levels and encourages Member States to share best practices with a view to improving the correct application of the principle of the best interests of the child across the EU;
Amendment 239 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes the Commission's Communication on a new EU Framework to strengthen the rule of law; considers, however, that the proposed mechanism will not act as a sufficient deterrent when it comes to , which represents a first attempt to remedy the existing shortcomings with regard to preventing and resolving fundamental rights violations and breaches of the principles of the rule of law in Member States;
Amendment 246 #
Motion for a resolution
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Calls on the Commission to reviewimplement and to further perfect the said mechanism with the aim of:
Amendment 270 #
Motion for a resolution
Paragraph 6 – point d
Paragraph 6 – point d
(d) ensuring that Article 7 TEU is implemented automatically by which the possibility of applying double standards can be fully avoided; defining the criteria for "clear risk of breach" and "serious and persistent breach" building inter alia on the case law of European Court of Justice and the European Court of Human Rights, should such a mechanism fail, and that the possibility of imposing further penalties in keeping with European law is considered;
Amendment 279 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Council to push for a more ambitious plan on the rule of law framework that enables the various European institutions to monitor and safeguard Member States' compliance with the rule of law; either in form of a Treaty change, allowing the fundamental values enshrined in Article 2 to be monitored and safeguarded beyond the areas covered by EU law, or in form of a peer review, with the involvement of the European institutions and possibly the Council of Europe and its Venice Commission; considers that such ambitious plan should also foresee a more important role for the European Court of Justice that is not limited to procedural guarantees;
Amendment 281 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Council to find a common ground on the precise content of the principles and standards stemming from the rule of law that vary at national level and to consider the already existing definition of the rule of law of the European Court of Justice, as a starting point for debate, that include legality, which implies a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; independent and impartial courts; effective judicial review including respect for fundamental rights; and equality before the law;
Amendment 333 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for the institutions and the Member States to ensure, also when drawing up and implementing all their legislative and administrative measures with a view to protecting security, that they fully respect the fundamental rights and principles laid down, in particular, in the Treaties, the Charter of Fundamental Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms;
Amendment 353 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Condemns any form of violence against children, such as physical and sexual abuse, forced marriages, child labour, sexual exploitation, trafficking, honour killing, female genital mutilation, child soldiers and human shields; considers that tradition, culture and religion should never be used to justify violence against children; calls on the Member States to uphold their obligations and combat any form of violence against children, including by formally prohibiting and sanctioning corporal punishment against children; calls on the Member States to increase their cooperation and dialogue with third countries, to raise awareness and to advocate for children's rights to be respected everywhere in the world;
Amendment 361 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Considers that children's personal data online must be duly protected and that children need to be informed in a child-friendly manner about the risks and consequences of using their personal data online; stresses that online profiling of children should be prohibited;
Amendment 368 #
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls on the Member States to ensure effective access to justice for all children, whether as suspects, perpetrators, victims or parties to proceedings;
Amendment 541 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the discrimination and exclusion that persons with a disability still face today; calls on the Commission and the Member States to implement the European Disability Strategy and to monitor and apply the relevant European legislation; calls on the European Commission to maximize synergies between the EU disability strategy and the provisions of the CEDAW and the UN Convention on the Rights of the Child;
Amendment 546 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. reiterates the importance of protecting and promoting equal access to all rights for Roma children;
Amendment 584 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Condemns any forms of discrimination against children and calls on the Commission and Member States to make a united action to eradicate discrimination against children; in particular, calls on the Member States and the Commission to explicitly consider children as a priority when programming and implementing regional and cohesion policies, such as the European disability strategy, the EU framework for national Roma integration strategies and the EU’s equality and non-discrimination policy; reiterates the importance of protecting and promoting equal access to health care, dignified accommodation and education for Roma children;
Amendment 650 #
Motion for a resolution
Paragraph 14 – indent 1 a (new)
Paragraph 14 – indent 1 a (new)
– guarantee decent treatment and a decent reception for all migrants and refugees, regardless of their status;
Amendment 661 #
Motion for a resolution
Paragraph 14 – indent 2
Paragraph 14 – indent 2
– improve legal avenues for refugees and speed up asylum procedures;
Amendment 669 #
Motion for a resolution
Paragraph 14 – indent 3
Paragraph 14 – indent 3
– introduce new procedures for legal entry into the EU, in particular for those who attempt to reach Europe because they are forced by extreme poverty to leave their own lands;
Amendment 683 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on EU institutions to put solidarity and a human rights based approach at the heart of the EU migration policies. Calls on the EU institutions to guarantee that sufficient resources are made available to implement a search and rescue operation in the Mediterranean and promote legal and safe routes for people fleeing wars and seeking for international protection;
Amendment 684 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers that migrant children are particularly vulnerable, especially when they are unaccompanied; calls on the Commission and the Member States to implement Parliament’s resolution of 12 September 2013 on the situation of unaccompanied minors in the EU; calls on the Member States to fully implement the Common European Asylum System package in order to improve the condition of unaccompanied minors in the EU; welcomes the Court of Justice judgment in Case C-648/11 , which stated that the Member State responsible for examining an asylum application made in more than one Member State by an unaccompanied minor is the State in which the minor is present after having lodged an application there; recalls that an unaccompanied minor is above all a child and that child protection, rather than immigration policies, must be the leading principle for Member States and the EU when dealing with them;
Amendment 707 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Condemns the practice of detaining irregular migrants, including unaccompanied minors, as a prelude to their expulsion; calls on Member States to comply with the provisions of the ‘Return Directive’;
Amendment 718 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to monitor closely the implementation of Directive 2013/32/EU on Asylum Qualification, with particular attention to those asylum seekers with special needs;
Amendment 721 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines that notwithstanding their refugee or migrant status, respect for children’s rights and their best interest must remain a primary consideration for the EU and its Member States; recalls that a child in the context of migration is above all a child who is in danger and that child protection, rather than immigration policies, must be the leading principle for Member States and the EU when dealing with all children, thus respecting the core principle of the best interests of the child; reminds that children are to be cared for in a safe place - and not in detention facilities – and should be provided with access to education, health, social and legal services with full implementation of existing safeguards especially for the most vulnerable; considers that children should never be subject to detention, including administrative detention, for purpose of migration control and invites Member States to consistently apply alternative methods to detention, in line with the recommendations of the UN Committee on the Rights of the Child and of Parliamentary Assembly of the Council of Europe;
Amendment 722 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Is concerned about the growing presence on EU territory of unaccompanied minors, many of whom disappear and are exposed to terrible dangers; calls for the EU to take responsibility for this issue, using all available instruments;
Amendment 756 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Deplores the way in which the financial and economic crisis and the measures taken to deal with it have had an impact – in some cases a drastic one – on economic, social and cultural rights, resulting in poverty, exclusion and isolation; underlines the fact that – according to UNICEF’s report on the impact of the economic crisis on child well-being in rich countries - the rights to education, health and social protection of children and young people in the countries most affected by the crisis have been disproportionately harmed;
Amendment 778 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the EU institutions and the Member States to look into the impact on fundamental rights, including social and labour rights, of the measures proposed or implemented to deal with the crisis and to take remedial action immediatelyor as a result of thereof, and to take action to restore and promote full respect for those rights, using all possible means;
Amendment 779 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the EU institutions to look into the impact on fundamental rights of the measures proposed or implemented to deal with the crisis and to take remedial action immediately, paying special attention to families and to elderly people living alone;
Amendment 788 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the EU institutions, when adopting and implementing austerity measures, to guarantee that sufficient resources are still made available to ensure the satisfaction of minimum essential levels of civil, economic and social rights;
Amendment 836 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that corruption and crime, in particular organised crime, represents a serious fundamental rights violation; calls on the Member States and institutions to devise effective instruments for combatpreventing and curbing corruption and crime and to monitor regularly the use of public funds, be they European or national; to that end, calls on the Member States and the institutions to facilitate the rapid establishment of the European Public Prosecutor's Office, providing appropriate guarantees of independence and efficiency;
Amendment 874 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to assess the impact of detention policies and criminal justice systems on children; points out that across the EU children’s rights are directly affected in the case of children living in detention facilities with their parents; underlines the fact that an estimated 800.000 children in the EU are separated from an imprisoned parent each year, which impacts on the rights of children in multiple ways;
Amendment 875 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Deplores the lack of access to legal aid in many Member States and the fact that this reduces the right to access a lawyer to those with sufficient financial means; regards it as essential that the EU adopt a strong and comprehensive directive on access to legal aid;
Amendment 884 #
Motion for a resolution
Subheading 7 a (new)
Subheading 7 a (new)
Children’s rights
Amendment 885 #
Motion for a resolution
Subheading 7 a (new)
Subheading 7 a (new)
Children’s rights
Amendment 890 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls on the Commission to develop a renewed EU Agenda for the Rights of the Child with a comprehensive, integrated and ambitious set of goals aiming at filling remaining gaps in existing national legislation, addressing child rights violations, ensuring better protection for all children, guaranteeing legal certainty and contributing to greater coherence of EU action, in line with Better Regulation principles;
Amendment 891 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Recognises that the financial and economic crisis has had a serious negative impact on the realisation of children’s rights and well-being;
Amendment 892 #
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on the Commission to ensure increased coordination within its different services and effective mainstreaming of children’s rights across all the EU’s legislative proposals, policies and financial decisions; calls on the Commission to report annually on the progress made on the respect of the rights of children and the full implementation of the EU acquis on children’s rights; calls on the Commission to ensure that the mandate and resources of the children’s rights coordinator adequately reflect the EU’s commitment to systematically and effectively mainstreaming children’s rights;
Amendment 893 #
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on Member States to step up their efforts on tackling child poverty and social exclusion through effective implementation of the European Commission Recommendation ‘Investing in children: breaking the cycle of disadvantage’ through integrated strategies supporting access to adequate resources, enabling access to affordable quality services and promoting children’s participation in decision making that affects them; calls on the Commission to take further measures for monitoring the implementation of the Recommendation;
Amendment 894 #
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Welcomes the forthcoming guidelines on integrated child protection system and stressed the need for an integrated and coordinated approach to ensure all children are protected against all forms of violence and neglect; underlines the importance of a common EU approach to finding missing children in the EU; calls on the Member States to increase police and judicial cooperation in cross-border cases involving missing children and to develop hotlines to search for missing children and support victims of child abuse;
Amendment 896 #
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. Calls on the Member States to ratify without delay the Optional Protocol to the Convention on the Rights of the Child on a communications procedure; reiterates its call on the European Commission and the VP/HR to explore ways and means for the EU to accede to the UN Convention on the Rights of the Child;