9 Amendments of Sylvie BRUNET related to 2022/0426(COD)
Amendment 46 #
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2011/36/EU of the European Parliament and the Council28 constitutes the main Union legal instrument on preventing and combating trafficking in human beings and protecting the victims of this crime. That Directive sets out a comprehensive framework to address trafficking in human beings by establishing minimum rules concerning the definition of criminal offences and sanctions. It also includes common provisions to strengthen prevention and protection of victims, taking into account the gender perspectivand disability perspective, as well as the perspective of the best interest of the child, as set out in the 1989 United Nations Convention on the Rights of the Child. This includes both preventive measures, as well as protective and supportive ones for child victims of trafficking, in particular for unaccompanied children and children deprived of parental care. _________________ 28 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, OJ L 101, 15.4.2011, p. 1–11.
Amendment 57 #
Proposal for a directive
Recital 4
Recital 4
(4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage and, illegal adoption and institution-related trafficking in the forms of exploitations explicitly listed in the Directive and to ensure that the Member States address within their national legal systems the widest range of forms of exploitation, insofar as these fulfil the constitutive elements of trafficking in human beings. In addition, according to Europol, children are considered to be one of the most vulnerable groups targeted by organised criminal groups involved in trafficking of human beings1b. Often, these children are exploited by forcing them into committing criminal activities. To this end, the trafficking of children into committing criminal activities should also be included in the forms of exploitation explicitly listed in the Directive. _________________ 1b https://www.europol.europa.eu/media- press/newsroom/news/fighting-child- trafficking-main-priority-for-eu-law- enforcement
Amendment 64 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
Amendment 78 #
(8) In order to enhance the national capability to identify victims at an early stage, and to refer them to the appropriate protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation. When dealing with child victims, particularly girls, the mechanisms should provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive.
Amendment 103 #
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9c) Persons with any type of disability, in particular girls with disabilities, are at an increased risk of becoming victims of trafficking. Perpetrators may view and target them in particular due to their increased vulnerability and the barriers they face in accessing justice. Considering that the Member States of the European Union are parties to the United Nations’ Convention on the rights of Persons with Disabilities, they should take extra consideration when providing support measures to victims of trafficking with disabilities, and that civil servants have received adequate training to assist the victims in a disability-friendly manner. Legal processes should also be adapted to meet the needs of victims of trafficking with disabilities, to ensure they can participate equally in the processes.
Amendment 126 #
Proposal for a directive
Recital 12
Recital 12
(12) The Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the respect and protection of human dignity, the prohibition of slavery, forced labour and trafficking in human beings, the right to the integrity of the person, the prohibition of torture and inhuman or degrading treatment or punishment, the right to liberty and security, the protection of personal data, the freedom of expression and information, the freedom to choose an occupation and right to engage in work, thegender equality between women and men, the rights of the child, the rights of persons with disabilities, and the prohibition of child labour, the right to an effective remedy and to a fair trial, the principles of legality and proportionality of criminal offences and penalties. In particular, this Directive seeks to ensure full respect for these rights and principles, which are to be implemented accordingly.
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/36/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
(1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption” is added at the end of the paragraph or trafficking of children into institutions” is added at the end of the paragraph, and "including exploitation of children to commit or participate in criminal activities" is added after "or the exploitation of criminal activities".
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
4. In Article 11, paragraph 4 is replaced by the following: Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the early identification of, assistance to, and support for victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims. In addition, when dealing with child victims, in particular, girls, the referral mechanisms shall provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive.
Amendment 279 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point a
Article 19 a – paragraph 2 – point a
(a) the number of registered victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult), if the victim was an unaccompanied minor, citizenship, and form of exploitation and, if applicable, disability and other relevant vulnerabilities;