Activities of Beatriz BECERRA BASTERRECHEA related to 2015/2118(INI)
Plenary speeches (1)
Preventing and combating trafficking in human beings (A8-0144/2016 - Catherine Bearder) ES
Amendments (40)
Amendment 3 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard the Joint UN Commentary on the EU Directive – A Human Rights-Based Approach which demands the need to provide international protection to victims of human trafficking on a gender-based,
Amendment 13 #
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
– having regard to Regulation (EU) 2015/2219 of the European Parliament and of the Council of 25 November 2015 on the European Union Agency for Law Enforcement Training (CEPOL) and replacing and repealing Council Decision 2005/681/JHA,
Amendment 14 #
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
– having regard to the Europol Situation Report: Trafficking in human beings in the EU (February 2016)
Amendment 20 #
Motion for a resolution
Recital A
Recital A
A. whereas trafficking in human beings (THB) is a terrible violation of fundamental rights, as outlined in Article 5(3) of the EU Charter on Fundamental Rights, and a violation of the victim's personal integrity and a serious, often organised crime that undermines the rule of law;
Amendment 23 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas THB is defined in article 2 of Directive 2011/36/EU as the recruitment, transportation, transfer, harbouring or reception of persons, including the exchange or transfer of control over those persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation; whereas exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour of services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs;
Amendment 28 #
Motion for a resolution
Recital B
Recital B
B. whereas THB takes many different forms across many legal and illegal activities, including, but not limited to, agriculture, food processing, prostitutionthe sex industry, domestic work, manufacturing, care, cleaning, other types of forced labourindustries (particularly in the service industries), forced begging, forced marriage, forced prostitution, illegal adoptions and the trade in human organs;
Amendment 34 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the current refugee crisis has shown the lack of proper tools at a European level to combat jointly the THB, specially with the aim of sexual exploitation of women and children;
Amendment 43 #
Motion for a resolution
Recital C
Recital C
C. whereas Directive 2011/36/EU (the directive) should be commended for its human rights- and victim-centred approach, where victims of THB are entitled to certain rights and services under international law, regardless of their willingness or ability to take part in criminal proceedings (under article 11.3 of the Directive);
Amendment 46 #
Motion for a resolution
Recital D
Recital D
D. whereas THB can be the result of global economic and social inequalities and further exacerbated by societal inequality between women and men, and is driven by demand and profit;
Amendment 56 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas societal tolerance of gender inequality and violence against women and girls and the lack of public awareness of the issues surrounding THB perpetuate a permissive environment for THB;
Amendment 65 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas gender expectations and discrimination are harmful to everyone, with men less likely to admit that they have been the victims of exploitation;
Amendment 69 #
Motion for a resolution
Recital I
Recital I
I. whereas children make up approximately 16 %10 of registered victims of THB andof which girls make up to 13 %11 , and whereas they are particularly vulnerable, with child victims facing severe and lasting physical, psychological and emotional harm; __________________ 10 11Idem, Eurostat report. Idem, Eurostat report. 11 Idem, Eurostat report. Idem, Eurostat report.
Amendment 80 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas THB is often perceived as being carried out by only organised criminal groups, but in fact can also be carried out by the victim's family members, friends, relatives, romantic partners, and ordinary employers;
Amendment 83 #
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the majority (70%) of suspected, prosecuted and convicted traffickers are male, although female perpetrators form a sizeable minority (29%) and can play a significant role in the process of THB1a , especially in the case of child trafficking; __________________ 1a 2015 Eurostat report
Amendment 86 #
Motion for a resolution
Recital K c (new)
Recital K c (new)
Kc. whereas THB as a concept is distinct from slavery and broader discussions of exploitation; whereas not all types of exploitation would qualify as THB;
Amendment 92 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. RegretStresses that the gender dimension is notmust be consistently monitored in the implementation of EU anti-trafficking legislation and urges the Commission to take it into account in its reporting; continue to monitor this in its assessment of Member States' compliance and implementation of the Directive;
Amendment 106 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that the majority (71%) of victims of THB identified within the EU are EU citizens1a ; stresses that this must be taken into account when developing identification systems in order to better identify all victims of THB; __________________ 1a Europol, Situation Report: Trafficking in human beings in the EU (February 2016)
Amendment 112 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that all counter-trafficking efforts must balance the focus on prosecution with a responsibility to protect victims; notes that support for victims plays an important role in prevention of THB, as victims who are well supported, are more able to recover from the trauma of their experience, assist in the prosecution of offenders and inform policy making, as well as avoid being re- trafficked;
Amendment 115 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the huge and increasing role of the internet in the recruitment of victims and the exchange of information between criminal networks; calls on the Member States to ensure that their respective anti- trafficking policies take account of this and that law enforcement efforts addressing cyber technologies have the gender expertise needed to tackle this in the best way, particularly relating to THB for the purposes of sexual exploitation, both in terms of recruitment of victims and the advertisement of sexual services that are the result of THB;
Amendment 118 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Highlight the need to strengthen transnational cooperation in order to reinforce the fight against THB; ask the Commission to promote and reinforce Europol and Eurojust activities due to the transnational nature of the problem
Amendment 121 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that the identification of victims remains one of the most difficult and incomplete aspects of implementation, but stresses that this does not diminish the responsibility of the Member States to protect these vulnerable people; highlights that by the coercive and deceptive nature of the crime, victims may be unable to recognise their own vulnerability;
Amendment 125 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the principal source of information for the registration of victims is the police, pointing to the need for targeted and specialist training for police officerlaw enforcement authorities, noting that according to regulation (EU) 2015/2219 CEPOL should promote common respect for and understanding of fundamental rights in law enforcement, including the rights, support and protection of victims; highlights that using prisons and detention centres as registration sources shows a failure of the system;
Amendment 139 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. CStresses that under Article 18.3 of the Directive Member States have an obligation to train officials likely to come into contact with victims or potential victims of THB; calls on the Commission and the Member States to work together to create gender-sensitive training programmes for persons coming in contact with victims of THB in an official capacity, including police officers, border officers, judges, magistrates, lawyers, front-line medical staff and social workers; stresses that training should include the development of understanding on gender- based violence and exploitation, the detection of victims, the formal identification process and appropriate, gender-specific assistance for victims;
Amendment 150 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that while sexual exploitation of children is illegal in all Member States, this does not prevent trafficking of children for sexual exploitation; calls on the Commission to examine how the demand for sexual services drives THB including child trafficking, and how best to reduce demand;
Amendment 165 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States to develop specific strategies for reducing demand for trafficking for sexual exploitation, such as exit programmes and schemes to empower and protect the rights of those in prostitution, while also noting that the regulation of prostitution is a competence of the Member States; calls on the Commission to further examine any links between demand for sexual services and THB;
Amendment 168 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States to develop specific strategies for reducing demand for trafficking for sexual exploitation, such as exit programmes and schemes, such as exit programmes and schemes, access to occupational health and safety needs, loans, social security systems and tax registration to empower and protect the rights of those in prostitution and to reduce their vulnerability to exploitation, while also noting that the regulation of prostitution is a competence of the Member States;
Amendment 172 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes that sham marriages can qualify as THB under certain circumstances if there is a forced or exploitative element, and women and girls are more likely to become victims; regrets the lack of harmonisation of EU legislation regarding sham marriage as there is often overlap with other forms of THB such as forced prostitution;
Amendment 175 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Stresses that proactive prevention strategies contribute to breaking the cycle of trafficking; calls on Member States to take more proactive preventative actions such as targeted workshops with vulnerable groups and education activities in schools;
Amendment 192 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that victims of THB require specialised services, including access to safe short and long-term accommodation, witness protection schemes, healthcare and counselling, translation and interpretation services, and (re)integrlegal redress, compensation, travel assistance, language and other education, vocational training, job placement, (re)integration, family mediation and resettlement assistance, and that these services should be further individualised case by case, with specific consideration given to the issue of gender;
Amendment 195 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Stresses that the gender dimension of THB shows an obligation for Member States to address it as a form of violence against women and girls; highlights that more attention must be paid to the exploitative dynamic and the long-term emotional and psychological harms that are associated with this; asks the Commission to come forward with a legislative proposal on violence against women and girls that includes THB;
Amendment 200 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Member States to ensure gender-specific provision of services to victims of THB that is appropriate to their needs, recognising any needs that may be specific to the form of trafficking to which they have been subjected; highlights that whilst a majority of victims are women and girls, there should be specialised services for victims of all genders;
Amendment 206 #
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Underlines the importance for all Member States to recognize systematically the right to access to safe abortion services for female victims of THB whose pregnancy is a result of their exploitation,
Amendment 209 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Member States to provide legal assistance to all of those who either self-identify, or meet an adequate number of the criteria for identification, as victims of THB, to help them access their rights, compensations and/or legal redress; asks the European Commission to develop and implement the mentioned possibility within the Directive 2011/36/EU to provide international protection to THB gender-based victims, to guarantee the asylum right of those victims who fulfil the requirements established by the Geneva Convention in 1951;
Amendment 211 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Member States to provide free legal assistance to all of those who either self-identify, or meet an adequate number of the criteria for identification, as victims of THB, to help them access their rights, compensations and/or legal redress;
Amendment 216 #
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Calls on the European Commission to explore the possibility of adopting legislative measures in cooperation with the competent authorities having seen the lack of protection suffered by gender- based victims of trafficking once their residence permit concludes;
Amendment 221 #
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls on the Member States to assess the possibility of extending the minimum 30-day recovery and reflection period for women and girls trafficked for the purposes of sexual exploitation, given the significant and sustained harms of this form of violence against women;
Amendment 230 #
Motion for a resolution
Paragraph 42
Paragraph 42
42. Notes that despite the clear definition of THB given in the Directive, a number of different definitions have been adopted in Member States’ national legislation; calls on the Commission to conduct research on this and to report on what these differences in definition mean practically for the application of the directive; stresses the importance of conceptual clarity in order to avoid conflation with other related but separate issues;
Amendment 232 #
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Notes that stakeholders generally confirm that the vast majority of victims of THB go undetected; recognises that the trafficking of certain vulnerable groups such as (homeless) youth, children, disabled and LGBTI people, has been somewhat overlooked; stresses the importance of improved data collection to enhance victim identification efforts with regard to these groups and developing best practice in dealing with the specific needs of these victims:
Amendment 239 #
Motion for a resolution
Paragraph 44
Paragraph 44
44. Asks that the Commission produce a study on the links between different types of trafficking and the routes between them, as victims are often exploited in different ways simultaneously or move from one type of trafficking to another;
Amendment 241 #
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Urges the European Commission, taking into account that the Istanbul Convention is an effective tool to prevent and combat violence against women, including trafficking, and to protect and assist the victims, to promote the Member States adhesion to the Convention;