53 Amendments of Evin INCIR related to 2019/2199(INI)
Amendment 1 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the UN 2030 Agenda for Sustainable Development,
Amendment 3 #
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the FRA Fundamental Rights Reports of 2018 and 2019,
Amendment 4 #
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
– having regard to the FRA paper "Civil society space: views of organisations" as well as the FRA report "Challenges facing civil society organisations working on human rights in the EU"
Amendment 30 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,
Amendment 32 #
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
– having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation,
Amendment 33 #
Motion for a resolution
Citation 15 c (new)
Citation 15 c (new)
– having regard to Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law,
Amendment 48 #
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
– having regard to its resolution of 12 February 2019 on the need for a strengthened post–2020 Strategic EU Framework for National Roma Inclusion Strategies and stepping up the fight against anti-Gypsyism1a, __________________ 1a Texts adopted, P8_TA(2019)0075
Amendment 52 #
Motion for a resolution
Citation 23 b (new)
Citation 23 b (new)
– having regard to its resolution of 1 June 2017 on combating anti-semitism1a, __________________ 1a Texts adopted, P8_TA(2017)0243
Amendment 53 #
Motion for a resolution
Citation 23 c (new)
Citation 23 c (new)
– having regard to Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies,
Amendment 105 #
Motion for a resolution
Citation 47
Citation 47
Amendment 112 #
Motion for a resolution
Recital A
Recital A
A. whereas the EU is not merely a monetary union, but also a social one, as enshrinvalue based one; whereas Article 2 of the TEU states that the EU is founded ion the Charter, the European Convention on Hvalues of respect for human dignity, freedom, democracy, equality, the primacy of law and human Rrights, the European Social Charter and the European Pillar of Social Rightsincluding the rights of persons belonging to minorities – values which are shared by all the Member States and which must be upheld and actively promoted by the EU and each Member State individually in all their policies, both internally and externally in a consistent way;
Amendment 115 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Article 17 of the TEU states that the Commission must ensure the application of the Treaties; whereas a refusal by a Member State 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 128 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the EU is also a social union, as enshrined in the European Convention on Human Rights, the European Social Charter and the European Pillar of Social Rights;
Amendment 134 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas we see increased violation of rights related to equality, freedoms and justice; 1a whereas “today we see not only human rights violations, but the rejection of human rights protection systems as a whole” 1b __________________ 1a FRA Fundamental Rights Report 2019 1bFundamental Rights Forum 2018, Chair´s Statement, 23/10/2018 https://fra.europa.eu/sites/default/files/fra _uploads/fra-2018-frf-2018-chair- statement_en.pdf
Amendment 138 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas violence against women continues and includes physical, psychological and sexual violence; whereas initiatives as #Metoo are important; whereas women are still discriminated at the labour market and a woman only makes around 84 percent of a man's salary;
Amendment 143 #
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas there is a serious backlash of LGBTI-rights, even to the extent that "LGBTI-free zones" are introduced.
Amendment 167 #
Motion for a resolution
Recital B
Recital B
B. whereas Roma women are particularly affected as regards women’s rights and often face exacerbated forms of verbal, physical, psychological and racial harassment in reproductive health care settings, as has found to be the case in Bulgaria19 ; whereas Roma have also experienced in that Member State, ethnic segregation in maternal health care facilities, and are placed in segregated rooms with segregated bathrooms and eating facilities20 ; whereas in some Member States, such as the Slovak Republic and the Czech Republic, Roma have been subjected to systematic practices of forced and coercive sterilisation and have been unable to obtain adequate reparations, including compensation, for the resulting violations of their human rights21 ; __________________ 19Commissioner for Human Rights of the Council of Europe, Women’s Sexual and Reproductive Health and Rights in Europe, Council of Europe, Strasbourg, 2017, pp. 42-44; Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017 ; European Roma Rights Centre, Romani woman harassed by racist hospital staff during childbirth wins case, European Roma Rights Centre, 18 January 2017, http://www.errc.org/press- releases/romani-woman-harassed-by- racist-hospital-staff-during-childbirth- wins-case 20Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017. 21Committee on Economic, Social and Cultural Rights, Concluding observations on the third periodic report of Slovakia, 18 October 2019, E/C.12/SVK/CO/3, paras. 44-45; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined twelfth and thirteenth periodic reports of Czechia, 19 September 2019, CERD/C/CZE/CO/12-13, paras. 19-20; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined eleventh and twelfth periodic reports of Slovakia, 12 January 2018, CERD/C/SVK/CO/11-12, paras. 23-24; Human Rights Committee, Concluding observations on the fourth report of Slovakia, 22 November 2016, CCPR/C/SVK/CO/4, paras. 26-27.
Amendment 186 #
Motion for a resolution
Recital C
Recital C
Amendment 194 #
Motion for a resolution
Recital D
Recital D
D. whereas many instances of disproportionate use of force against peaceful demonstrators continue to be reported across the EU, including the beating of demonstrators; whereas law enforcement authorities in some Member States such as Romania23 , Spain and France24 are increasingly using less lethal weapons, such as batons, tear gas, hand- held sting grenades, electroshock weapons, water cannons and rubber bullets to control or disperse crowds of demonstrators; whereas the number of persons seriously wounded in demonstrations in recent years as a result of the use of rubber bullets is particularly striking; __________________ 23European Parliament resolution of 13 November 2018 on the rule of law in Romania (Texts adopted, P8_TA(2018)0446) 24 Commissioner for Human Rights of the Council of Europe, Shrinking space for freedom of peaceful assembly, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Memorandum on maintaining public order and freedom of assembly in the context of the ‘yellow vest’ movement in France, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Protection of the rights to freedom of expression and peaceful assembly during last week’s demonstrations in Catalonia, Council of Europe, Strasbourg, 2019
Amendment 206 #
Motion for a resolution
Recital E
Recital E
E. whereas, by selling arms to countries that are conducting brutal war campaigns, acting as a backer for opposing sides in foreign conflicts, by supporting coups against democratically elected leaders, and by supporting crushing sanctions, the EU has exacerbated violence in already fragile countries; whereas the EU has an obligation under EU and international law to help those who come to the EU seeking asylum; whereas, furthermore, it must not cause or take part in creating chaos in non-EU countries the EU and its member states have a common obligation under EU and international law to help those who come to the EU seeking asylum;
Amendment 219 #
Motion for a resolution
Recital F
Recital F
F. whereas pushbacks constitute a violation of EU and international law and prevent migrants from benefiting from the legal guarantees firmly laid down in such law; whereas the Council of Europe Commissioner for Human Rights expressed grave concern about consistent reports of violent pushbacks by Croatian law enforcement officials25 ; whereas the Council of Europe Commissioner for Human Rights also expressed concerns regarding the practice of ‘summary returns’ in the enclaves of Ceuta and Melilla in relation to the ECtHR cases N.D. v Spain and N.T. v Spain26 ; __________________ 25Letter from the Commissioner for Human Rights of the Council of Europe to the Prime Minister of Croatia of 20 September 2018; Commissioner for Human Rights of the Council of Europe, Bosnia and Herzegovina must immediately close the Vučjak camp and take concrete measures to improve the treatment of migrants in the country, Council of Europe, Strasbourg, 2019 26Third party intervention by the Council of Europe Commissioner for Human Rights of 22 March 2018, N.D. v Spain and N.T. v Spain, CommDH(2018)11.
Amendment 228 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas intolerance, racism, xenophobia and discrimination has increased in the society as a whole, but also in the political scene through growing far-right movements; whereas successful integration and social inclusion require effective protection from discrimination and hate crime; whereas failure to do so can have a negative effect on the social cohesion in the society; 2a __________________ 2a FRA, Second European Union Minorities and Discrimination Survey
Amendment 235 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas racial, ethnic and religious minorities face structural racism, discrimination, hate-crime and hate-speech, lack of access to justice, and sustained socio-economic inequalities in areas such as housing, healthcare, employment and education, which needs to be acknowledged as major barriers to full enjoyment of fundamental rights and key barrier to inclusion and equality;
Amendment 238 #
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas afrophobia has just started to be acknowledged at the EU- level; whereas national authorities have not developed policies and measures to tackle discrimination against people of African descent, racial profiling, racially motivated harassment and violence;
Amendment 241 #
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas anti-Gypsyism remains pervasive across the EU, where structural anti-Gypsyism and sustained socio- economic inequalities affect Roma in areas such as housing, healthcare, employment and education; whereas Roma people suffer increased hate speech in public, in social media and by politicians, police violence, including collective punishment, racial profiling, residential and school segregation;
Amendment 244 #
Motion for a resolution
Recital F e (new)
Recital F e (new)
Fe. Whereas anti-Semitism remains pervasive across the EU, with several Member States reporting increases in crimes motivated by anti-Semitism; whereas those who experience anti- Semitic harassment generally do not report the incidents to the police;
Amendment 247 #
Motion for a resolution
Recital F f (new)
Recital F f (new)
Ff. whereas Muslims, especially Muslim women, continues to be discriminated in the society and targeted in racist attacks as a result of pervasive islamophobia;
Amendment 249 #
Motion for a resolution
Recital F g (new)
Recital F g (new)
Fg. whereas there is an increase of foreign interference in European Elections through direct and indirect measures from countries such as Russia, but also threats against institutions and civil society organisations in the European Union and its member states, with the aim to restrict freedom of speech, from countries such as China 4a __________________ 4a Example: The Case of Swedish PEN
Amendment 250 #
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Recalls that respect for the rule of law is a prerequisite for the protection of all the fundamental European values referred to in Article 2 of the TEU; strongly condemns the efforts of the governments of some Member States to weaken the separation of powers and the independence of the judiciary; expresses its deep concern, in particular, about laws already adopted which call into question the primacy of European law and calls on the Commission to use all available means to take action against this attack on fundamental European values;
Amendment 251 #
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Regrets that the initiation of the procedures under Article 7(1) TEU has so far failed to produce results and that reports and statements by the Commission, the UN, the OSCE and the Council of Europe indicate that the situation in the Member States concerned has deteriorated; stresses that the failure of the Council to apply Article 7 TEU effectively undermines the integrity of common European values, mutual trust and the credibility of the Union as a whole;
Amendment 252 #
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Welcomes the fact that the Commission will present an annual review in 2020 for the first time, assessing all EU Member States equally with regard to compliance with the values set out in Article 2 TEU. Emphasises that the outcome of the review should provide a meaningful overall picture of the state of democracy, the rule of law and fundamental rights in each Member State, based on clear, objective and unambiguous criteria;
Amendment 253 #
Motion for a resolution
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d. Stresses the importance of establishing an instrument to protect the Union's budget in the event of general deficiencies with regard to the rule of law in the Member States, since the proper use of EU funds must at all times be subject to independent judicial control. Reiterates its position that the instrument should be designed in such a way that a Commission decision is deemed adopted unless the European Parliament, acting by majority of the votes cast, or the Council, acting by qualified majority, to amend or reject it;
Amendment 267 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the effects of austerity measures have deeply impacted the social fabric of the EU in many Member States and that this continues today – exacerbating already widening inequalities and breaching fundamental rights – and affects in particular women, migrants, Roma, Travellers and other people in disadvantaged groups with a particular ferocity;
Amendment 278 #
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 317 #
Motion for a resolution
Paragraph 4 aa (new)
Paragraph 4 aa (new)
4aa. Is deeply concerned about the increased levels of xenophobia and different forms of racism, such as anti- Semitism, islamophobia, afrophobia and anti-Gypsyism, and tend to become normalised in Member States;
Amendment 318 #
Motion for a resolution
Paragraph 4 ab (new)
Paragraph 4 ab (new)
4ab. Is worried by increased participation of political parties promoting racist, xenophobic and other discriminatory ideas, policies and practices, and by the refusal by some Member States to fully uphold EU law, to safeguard the separation of powers and the independence of the judiciary, which is undermining the credibility of the EU as a legal area;
Amendment 319 #
Motion for a resolution
Paragraph 4 ac (new)
Paragraph 4 ac (new)
4ac. Calls for full implementation of legislations and stronger sanctions against 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;
Amendment 320 #
Motion for a resolution
Paragraph 4 ad (new)
Paragraph 4 ad (new)
4ad. Calls on the Member States to ensure the effective practical enforcement of the Race Equality Directive (2000/43/EC) and to ensure effective enforcement of the Framework Decision on Racism and Xenophobia to combat persisting afrophobia, anti-Gypsyism, anti-Semitism and islamophobia; points out that the Member States should put forward or review national inclusion strategies to ensure that all people regardless of race, ethnicity, religion, gender or any other status are empowered to actively participate in social, economic, political and cultural life;
Amendment 321 #
Motion for a resolution
Paragraph 4 ae (new)
Paragraph 4 ae (new)
4ae. Calls for the quick 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;
Amendment 322 #
Motion for a resolution
Paragraph 4 af (new)
Paragraph 4 af (new)
4af. Calls for the EU wide implementation of the Aarhus Convention that links environmental rights and human rights; calls for the environmental regulation that would equally benefit all parts of society; (after sub-heading «Right to equal treatment, before paragraph 5)
Amendment 323 #
Motion for a resolution
Paragraph 4 ag (new)
Paragraph 4 ag (new)
4ag. Points out that EU and its Member States should combat effectively discriminatory or violent treatment and reactions against the schooling and participation of children from minority backgrounds especially migrant, refugee and Roma children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address respect for diversity, intercultural understanding and human rights, including children’s rights, in regular school curricula; (after sub-heading «Right to equal treatment, before paragraph 5)
Amendment 367 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the landmark judgment of the European Court of Justice in the Common case in June 2018, which clarified that term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex; urges the Member States in the EU that do not recognise either same- sex partnerships or marriages to amend their national laws in such a way as to provide a legal framework for ensuring that the CJEU’s ruling is properly implemented.;
Amendment 374 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Expresses concern that six EU Member States, Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia, have not yet ratified the Istanbul Convention;
Amendment 403 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Expresses its concern at the lack of reporting of hate crimes by victims owing to inadequate safeguards and to the failure of authorities to investigate properly and obtain convictions for hate crimes in the Member States;
Amendment 413 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Is deeply concerned about a backlash in rights and attitudes to LGBTI persons and a sharp rise of hate speech, often carried out by public figures; strongly condemns anti-LGBTI rhetoric and the proclamation of “LGBT-free zones” or “zones free from LGBT ideology”;
Amendment 465 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that freedom of expression, information and media are fundamental for ensuring democracy and the rule of law; strongly condemns violence, pressure or threats against journalists and media, including in relation to the disclosure of information about breaches of fundamental rights;
Amendment 487 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is deeply concerned about the increasingly shrinking space for independent civil society in some Member States; recalls the importance of ensuring adequate funding to support civil society activitiesis also concerned about the general decrease of financial support at national level by some Member States for civil society organisations that are conducting advocacy work; recalls the importance of ensuring adequate funding to support civil society activities; stresses the importance of ensuring funding for advocacy work as-well as other types of work;
Amendment 525 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Condemns the abuses and human rights violations suffered by migrants and refugees, in particular with regard to access to territory, reception conditions, asylum procedures, immigration detention and the protection of vulnerable persons, and recalls the obligations of Member States to international conventions and European laws;
Amendment 540 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses grave concern about consistent reports of violent pushbacks by law enforcement officials in several Member States; calls on the Commission and the Member States to investigate the matter and take effective measures to ensure that such policies and practices are scrapped, including by putting on hold funds for border surveillance and ensuring the independent monitoring of border control activities by national ombudsmen and NGOs; stresses the importance of a fully operational human rights office within Frontex;
Amendment 548 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Expresses serious concern about the intimidation and arrests of humanitarian workers and volunteers who support migrants in an irregular situation; notes that the trend continued in 2018 and 2019, targeting both rescue vessels deployed by civil society in the Mediterranean, as well as volunteers and non-governmental organisations active in the EU;
Amendment 559 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Expresses grave concern over humanitarian the situation in the hotspots;
Amendment 593 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the EU institutions and the Member States to resolutely fight systemic corruption and to devise effective instruments for preventing, combating and sanctioning corruption and fighting fraud, as well as regularly monitoring the use of public funds; highlights the negative impact of corruption on human rights; calls on the Commission to immediately resume its annual anti- corruption monitoring and reporting, with reference to the EU institutions and the Member States; calls on all the Member States to comply with the GRECO recommendations28 ; __________________ 28 Group of States against Corruption
Amendment 596 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Conveys worries about the on- going attacks on the independence of the judiciary in some EU Member States; expresses grave concern about the negative developments which took place in both Hungary and Poland; is concerned about the lack of progress in the Article 7 proceedings in the Council; calls on the Council to take into consideration the situation of fundamental rights, democracy and the rule of law in its hearings on Article 7.1 procedure; reminds that the European Parliament cannot be set-aside from these ongoing hearings.;