93 Amendments of Diana RIBA I GINER related to 2019/2199(INI)
Amendment 20 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the UN 2030 Agenda for Sustainable Development,
Amendment 26 #
Motion for a resolution
Citation 12
Citation 12
– having regard to Article 2 of the revised European Social Charter on the right to just conditions of work,
Amendment 28 #
Motion for a resolution
Citation 13
Citation 13
– having regard to Article 31 of the Charter on fair and just working conditions,
Amendment 34 #
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to the 8th General Report on GRETA’s Activities1a and GRETA reports concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by all the member states1b, __________________ 1a https://rm.coe.int/8th-/168094b073 1bhttps://www.coe.int/en/web/anti-human- trafficking/country-monitoring-work
Amendment 37 #
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
– having regard to the report from the Commission to the European Parliament and the Council entitled "Second report on the progress made in the fight against trafficking in human beings (2018) as required under Article 20 of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims" (COM(2018) 777 final),
Amendment 54 #
Motion for a resolution
Citation 24 a (new)
Citation 24 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 61 #
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
– having regard to the recommendation of the Council of Europe Commissioner for Human Rights of June 2019 entitled ‘Lives saved. Rights protected. Bridging the protection gap for refugees and migrants in the Mediterranean’1a, __________________ 1ahttps://rm.coe.int/lives-saved-rights- protected-bridging-the-protection-gap-for- refugees-/168094eb87
Amendment 62 #
Motion for a resolution
Citation 26 b (new)
Citation 26 b (new)
– having regard to the 2019 Fundamental Rights Report by the European Union Agency for Fundamental Rights and the update of June 2019 of the FRA note entitled ‘NGO ships involved in search and rescue in the Mediterranean and criminal investigations’1a, __________________ 1a https://fra.europa.eu/en/publication/2019/ 2019-update-ngo-ships-involved-search- and-rescue-mediterranean-and-criminal
Amendment 63 #
Motion for a resolution
Citation 26 c (new)
Citation 26 c (new)
– having regard to its resolution of 5 July 2018 on guidelines for Member States to prevent humanitarian assistance from being criminalised1a, __________________ 1a Texts adopted, P8_TA(2018)0314
Amendment 66 #
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
– having regard to its resolution of 13 November 2018 on minimum standards for minorities in the EU1a, __________________ 1a Texts adopted, P8_TA(2018)0447
Amendment 69 #
Motion for a resolution
Citation 30 a (new)
Citation 30 a (new)
– having regard to its resolution of 25 October 2018 on the rise of neo-fascist violence in Europe1a, __________________ 1a Texts adopted, P8_TA(2018)0428
Amendment 102 #
Motion for a resolution
Citation 46 a (new)
Citation 46 a (new)
– having regard to the Commission’s Communication on strengthening the rule of law within the Union – a blueprint for action (COM(2019)0343),
Amendment 107 #
Motion for a resolution
Citation 48 a (new)
Citation 48 a (new)
– having regard to the obligation for the EU to accede to the European Convention on Human Rights under Article 6(2) TEU;
Amendment 117 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas any risk of a breach by a Member State of the values enshrined in Article 2 of the TEU does not concern solely the individual Member State where the risk materialises, but also has an impact on the other Member States and on the Union as a whole;
Amendment 123 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the Treaty of Lisbon introduced the term ‘persons belonging to minorities’ into EU primary law, the first- ever explicit reference in the history of EU law; whereas Article 2 of the TEU states that ‘the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the primacy of law and respect for human rights, including the rights of persons belonging to minorities’ and that ‘these values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’; whereas these values are shared by all Member States and 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; whereas these rights deserve to be accorded the same treatment as the other rights enshrined in the Treaties;
Amendment 133 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas racial, ethnic, linguistic 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 161 #
Motion for a resolution
Recital B
Recital B
B. whereas cases of gynaecological and obstetrical violence have been increasingly denounced in several Member States, including in France, Croatia, Bulgaria, Czech Republic, Slovakia; whereas the rights of women in all their diversity are protected under the Treaty, including Roma women, black women and women of colour, LBTI women and disabled women; 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 170 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas racist intolerance, xenophobic, Islamophobic, and anti- Semitic sentiment and violence were still prevalent across the EU; whereas Muslims, including Muslim women, continue to experience widespread hostility and intolerance in EU countries; whereas Anti-Semitism appeared to be on the rise, as demonstrated by the report of 4 July 2019 by the EU Fundamental Rights Agency1a, __________________ 1a Young Jewish Europeans: perceptions and experiences of antisemitism, Fundamental Rights Agency, 04 July 2019, https://fra.europa.eu/en/news/2019/young -jews-face-harassment-europe- nevertheless-express-their-jewish-identity
Amendment 173 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the racism and discrimination experienced by people of African descent is structural and often intersects with other forms of discrimination and oppression on the basis of sex, race, colour, ethnic or social origin, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; whereas national authorities have not developed policies and measures to tackle discrimination against people of African descent;
Amendment 177 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. 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 187 #
Motion for a resolution
Recital C
Recital C
C. whereas over the past years there has been a sharp rise in hatred and hate- speech towards minorities and vulnerable groups across the EU, including by politicians; whereas on 1 October 2019, the Council of Europe’s Committee on Legal Affairs and Human Rights approved an investigation into the growing number of national, regional and local politicians prosecuted for statements made in the exercise of their mandate in Spain221a ; __________________ 221aIntroductory memorandum of the Committee on Legal Affairs and Human Rights of the Council of Europe, Should politicians be prosecuted for statements made in the exercise of their mandate?, 1 October 2019, AS/Jur (2019) 35.
Amendment 197 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 208 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas saving lives is an act of solidarity with those at risk, but first and foremost a legal obligation under both international law, as Article 98 of the United Nations Convention of the Law of the Sea (UNCLOS) – ratified by all Member States and the Union itself – requires States to render assistance to any person in distress at sea1a, and Union law; __________________ 1aSee also the obligations laid down in the 1974 International Convention for the Safety of Life at Sea (SOLAS), the 1979 International Convention on Maritime Search and Rescue (SAR) and the 1989 International Convention on Salvage
Amendment 209 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas according to International Organisation for Migration (IOM) figures, in 2019 1 283 people are believed to have died or have gone missing in the Mediterranean Sea on their way to Europe1a; whereas the death toll in the Mediterranean has been on the decline since 2015 (3 771 in 2015, 2 299 in 2018); whereas according to the UNHCR, despite the significant drop in arrivals(141 472 in 2018 as opposed to 1 032 408 in 2015), the route from Libya to Europe is still the migration route with the highest death toll in the world (646 deaths so far in 2019) and was five times deadlier in 2018 than in 2015 notably due to a reduction in search and rescue (SAR) activities off the Libyan coast; __________________ 1ahttps://www.iom.int/news/iom- mediterranean-arrivals-reach-110699- 2019-deaths-reach-1283-world-deaths-fall
Amendment 211 #
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas in its resolution of 18 April 2018 on progress on the UN Global Compacts for Safe, Orderly and Regular Migration and on Refugees, Parliament called for greater search and rescue capacities for people in distress, for greater capacities to be deployed by all states, and for the support provided by private actors and NGOs in carrying out rescue operations at sea and on land to be acknowledged;
Amendment 212 #
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas the criminalisation of solidarity continued to be used as a tool to disrupt the work of NGOs trying to save lives in the Mediterranean Sea; whereas individuals faced smear campaigns and defamation in Belgium, Croatia, Denmark, France, Germany, Greece, Hungary, Italy, the Netherlands, Spain, Sweden and Poland and faced charges and questioning and lengthy detentions related to the assistance they provided to migrants and asylum seekers, which demonstrates the worrying trend of criminalizing humanitarian assistance;
Amendment 213 #
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas State and non-state sponsored campaigns to discredit human rights defenders and civil society organisations aim through their strategies to overturn existing laws on basic fundamental rights; whereas these campaigns have often been echoed by traditional media and social networks, while those who defend migrants and asylum seekers, the LGBTI+ community, survivors of gender-based violence and other marginalised groups continue to be criminalised and stigmatised;
Amendment 223 #
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 pushbacks, in some cases accompanied by unjustified violence, were documented in several countries, including Croatia, Greece, Hungary, Romania, Poland, and Spain; 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 226 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the Human Rights Defenders World Summit 2018 held in Paris on the twentieth anniversary of the UN Declaration on Human Rights Defenders (HRDs) produced an Action Plan with priorities for states, businesses, financial institutions, donors and intergovernmental organisations in bringing about a safe and enabling environment for the defence of human rights, as well as stronger and more effective protection of human rights defenders at risk, their communities, organisations and movements;
Amendment 234 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas, according to the findings of the FRA Fundamental Rights Report 2019, its surveys and various national studies, discrimination and inequalities on different grounds remain realities in everyday life throughout the EU; whereas these findings also consistently show that people who experience discrimination seldom report it; whereas national equality bodies have a key role to play in the promotion of equal treatment and the provision of assistance to victims of discrimination;
Amendment 237 #
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas women, migrants, ethnic, religious and linguistic minorities, LGBTI+ people, people with disabilities, children, elderly people, and people with socioeconomically disadvantaged background, being those in the most vulnerable situations, are faced with serious fundamental rights abuses, including online and offline harassment and violence;
Amendment 242 #
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas the right to self- determination is the right of a people to determine its own destiny and is recognized in international law as a right belonging to peoples and not to states or governments; whereas by virtue of this right citizens freely determine their political status and freely pursue their economic, social and cultural development;
Amendment 243 #
Motion for a resolution
Recital F e (new)
Recital F e (new)
Amendment 246 #
Motion for a resolution
Recital F f (new)
Recital F f (new)
Ff. whereas whistle-blowers play an essential role in any open and transparent democracy; whereas whistle-blowers are instrumental in promoting transparency, democracy and the rule of law, by reporting unlawful or improper conduct that undermine the public interest such as acts of corruption, criminal offences or conflicts of interest, which represent threats against citizens’ rights and freedoms;
Amendment 248 #
Motion for a resolution
Recital F g (new)
Recital F g (new)
Fg. whereas on 3 January 2018, the Council of Europe published its report on ‘Corruption prevention in respect of members of parliament, judges and prosecutors’; whereas according to the Council of Europe’s anti-corruption experts, Spain’s compliance with internationals standards ‘remains globally unsatisfactory’ and authorities made ‘limited progress in measures to tackle corruption in respect of members of parliament, judges and prosecutors’1a; __________________ 1aGRECO, CoE. Fourth evaluation round, Corruption prevention in respect of members of parliament, judges and prosecutors, Interim compliance report Spain. https://rm.coe.int/fourth- evaluation-round-corruption-prevention- in-respect-of-members-of/1680779c4d
Amendment 263 #
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 women, migrants, LGTBI+ people, people with disabilities, Roma, Travellers and other disadvantaged groups with a particular ferocity; reiterates, in accordance with the objectives of the European Pillar of Social Rights and the introduction of social standards to the European Semester, that macroeconomic policies must be guided not only by economic growth but also by social standards;
Amendment 270 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that poverty is by itself a form of structural violence and social injustice, which is grounded in gender inequalities, discrimination and unequal chances to access goods and services; highlights that unequal economic trends have generated excessive unemployment and poverty pockets and regrets Member States’ failure to support individuals before they reach the stage of poverty and social exclusion; calls on the Commission and the Member States to guarantee access to health care, quality education, housing and justice on an equal footing for all; urges the Commission and the Member States to establish an adequate guaranteed minimum income scheme across the EU in order to provide decent living standards for individuals and families, which is particularly necessary for those who have no other means of financial support;
Amendment 285 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights Article 37 of the Charter, which affirms that measures to protectwards achieving a high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union, and believes that this must be the guiding principle for all macroeconomic policies, above any other economic consideration to deal with the most significant threat facing humanity and to ensure that all people have the right to a future; highlights that environmental impairment and the failure of some public authorities to provide information about serious environmental risks to which individuals are exposed, may have severe harmful consequences for individuals;
Amendment 339 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Strongly affirms that the denial of sexual and reproductive health and rights services is a form of violence against women and girls and stresses that the ECtHR has ruled on different occasions that restrictive abortion laws and preventing access to legal abortion violates the human rights of women; reiterates that the refusal by medical professionals to provide the full range of reproductive and sexual health services on personal grounds must not infringe the right of women or girls to access reproductive care; recommends that Member States take adequate measures to ensure that refusals of care by medical professionals on personal grounds do not hinder women and girls’ access to sexual and reproductive healthcare services;
Amendment 344 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Strongly condemns the alarming number of femicides in the EU, which is the most extreme form of violence against women; regrets the lack of available data in some Member States which reflects the lack of recognition of the problem;
Amendment 348 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Is deeply concerned about the increased levels of xenophobia and different forms of racism, such as islamophobia, afrophobia, antigypsyism and antisemitism that tend to become normalised in the Member States;
Amendment 361 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Strongly condemns the ethnic segregation of Roma women in maternal health care facilities; calls on the Member States to immediately prohibit all forms of ethnic segregation in education and health facilities, including maternal health care settings; calls on the Member States to ensure effective and timely remedies for all survivors of forced and coercive sterilisation, including through the establishment of effective compensation schemes; reiterates its position, calls and recommendations put forward and adopted in its resolution of 25 October 2017 on fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism1a and 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-Gypsyism1b; in particular, calls on the Commission to propose a Strategic EU Framework on National Roma Inclusion Strategies for the post- 2020 period; __________________ 1a Texts adopted, P8_TA(2017)0413 1b Texts adopted, P8_TA(2019)0075
Amendment 366 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Condemns Member States’ failure to secure equal access to justice and equality before the law for people belonging to racial, linguistic, religious minorities and ethnic minorities, such as Roma, taking shape in over-policing and violations of people´s human rights committed by police officers, such as violent raids resulting in injuries and property damage and severe ill-treatment during detention, as well as failure to bring perpetrators to justice in cases of crimes committed by police officers; condemns also Member States practices in prosecuting human rights defenders testifying against the police or other authorities;
Amendment 371 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recalls on EU and its Member States to 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;
Amendment 375 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Recalls its deep concern regarding the number of stateless people in the EU, a situation which leads to the total denial of their access to social, educational and healthcare services and pushes them to the very margins of society; calls on the Member States to abolish statelessness and ensure the enjoyment of fundamental rights by all;
Amendment 378 #
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Stresses that gender-based violence is both the consequence and one of the causes of persisting gender inequalities; calls once again on the Commission to set up a European Monitoring Observatory on gender-based violence with accurate and comparable data;
Amendment 379 #
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Highlights that Female Gender Mutilation (FGM) is a form of gender based violence and ending FGM requires addressing the root causes of gender inequality at the community level, including gender stereotypes and harmful social norms; underlines that the involvement of men and boys in the process of reshaping gender relations and changing behaviour, and in supporting the leading role of women and girls and their empowerment is equally crucial for the elimination of this harmful practice; also stresses the importance of involving community leaders in ending FGM;
Amendment 381 #
Motion for a resolution
Paragraph 7 f (new)
Paragraph 7 f (new)
Amendment 383 #
Motion for a resolution
Paragraph 7 g (new)
Paragraph 7 g (new)
7g. Reminds that gender mainstreaming is an indispensable tool to eliminate inequalities, promote gender equality and combat discrimination; reiterates its call to the Commission to introduce gender mainstreaming in all Union policies and activities;
Amendment 384 #
Motion for a resolution
Paragraph 7 h (new)
Paragraph 7 h (new)
7h. Calls on the Commission and the Member States to improve the availability and comparability of quality disaggregated data in order to measure inequalities and discrimination more accurately; considers that the FRA should carry out enhanced monitoring of discrimination in Member States;
Amendment 386 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. CondemnsIs concerned at the alarming increase of hate crime and hate speech motivated by racism, xenophobia or religious intolerance, or by bias on the grounds of disability, sexual orientation, gender identity, sexual characteristics or minority status, such as ethnic or linguistic minorities; condemns all types of incidents of hate crime and hate speech that occur in the EU on a daily basis and have come to be seen as normal in some Member States, as well as the rise of far- right movements in the strongest possible terms; is also concerned at the trivialisation of hate speech which can be attributed to some political figures; calls for a zero tolerance approach to any discrimination on any ground; calls on the EU and the Member States to step up the fight against hate crime and discriminatory attitudes and behaviour; urges Member States to ensure that hate crime victims are afforded specific protection and support, in line with Directive 2012/29/EU on the rights of victims of crime in criminal proceedings; notes that some Member States have extended the protection granted to victims of discrimination based on other grounds, when implementing the EU framework decision on combating certain forms and expressions of racism and xenophobia by means of criminal law, and encourages such extensions; reiterates its call on the Commission to revise, following an impact assessment, the framework decision currently in force, in order to include incitement to hatred on other grounds;
Amendment 400 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls that Member States should ensure that hate crime and hate speech is effectively recorded, investigated, prosecuted and tried; calls on the Commission and the FRA to continue their work on monitoring hate crime and hate speech in the Member States, and to report regularly on cases and tendencies;
Amendment 409 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Is strongly concerned that anti- gender equality and LGBTI+ movements as well as far-right movements, have gained ground in a number of Member States; stresses that these movements seek to challenge established fundamental rights and aim at blocking and rolling back laws and policies protecting citizens, particularly those in the most vulnerable situations, against hate crimes and discrimination;
Amendment 416 #
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Is extremely concerned that while the promotion of fascism is banned in several Member States pursuant to their national laws, neo-fascist movements have gained visibility in their use of fascist symbols and rhetoric in some Member States; is deeply concerned at the increasing normalisation of fascism across the EU; urges the Member States to impose an effective ban on neo-fascist and neo-Nazi groups and any other foundations or associations that exalt and glorify Nazism and fascism;
Amendment 421 #
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Highlights the need for targeted policies with an intersectional approach to guarantee the fundamental rights of vulnerable groups who experience multiple discrimination, such as women, people with disabilities, refugees, asylum seekers and migrants, religious, linguistic and ethnic minorities, such as Roma, LGBTI+ people, children, elderly people and people with socioeconomically disadvantaged background;
Amendment 427 #
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Calls on the Council to urgently unblock the proposed Equal Treatment Directive after eleven years of deadlock in order to close the current protection gap in the EU legal framework concerning non-discrimination on grounds of age, disability, religion or belief, or sexual orientation in key areas of life, such as social protection, education and access to goods and services, and to ensure that the EU does not operate an artificial hierarchy of grounds;
Amendment 432 #
Motion for a resolution
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Reiterates its call on the Commission to adopt an EU LGBTI strategy that takes into account Parliament’s previous demands, ensuring continuity and a strong follow-up to the work of the previous Commission with the list of actions to advance LGBTI equality; calls on the Commission to take concrete measures to ensure freedom of movement for all families, including LGBTI families, in line with the June 2018 judgment by the Court of Justice of the EU in the Coman case1a; call son the Member States to introduce legislation for equal recognition of same-sex marriages and partnerships so as to ensure full respect for the right to private and family life without discrimination; __________________ 1aC-673/16 - Coman and Others, Judgment of the Court (Grand Chamber) of 5 June 2018
Amendment 439 #
Motion for a resolution
Paragraph 8 g (new)
Paragraph 8 g (new)
8g. Recognises the important role of civil society and non-governmental organisations in protecting fundamental rights, combating discrimination and promoting minority rights; encourages the Commission and the Member States to provide sufficient funding and support for those organisations;
Amendment 443 #
Motion for a resolution
Paragraph 8 h (new)
Paragraph 8 h (new)
8h. Recalls Parliament’s resolution of 13 November 2018 on minimum standards for minorities in the EU; reiterates its call on the Commission to draw up a common framework of EU minimum standards for the protection of minorities containing measurable milestones with regular reporting;
Amendment 459 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is deeply concerned about the numerous reports of threats and attacks against journalists across the EU, especially when covering demonstrations; recalls that ensuring full respect for freedom of expression, which includes the right to receive and impart information, is key in democratic societies; urges the Commission and Member States to take measures to guarantee the safety of all journalists, particularly during demonstrations; calls on the Commission to adopt a comprehensive set of measures to deter Strategic Lawsuits Against Public Participation (SLAPPs), protecting the fundamental freedoms not only of journalists and media workers, but also of academia, trade unionists, activists, civil society organisations and individual citizens, including human rights defenders, affected by SLAPPs;
Amendment 479 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Condemns the use of violent and disproportionate interventions by law enforcement authorities during peaceful demonstrations; encourages the relevant national authorities to ensure a transparent, impartial, independent and effective investigation when the use of disproportionate force is suspected or has been alleged; recalls that law enforcement agencies are fully accountable for the fulfilment of their duties and their compliance with the relevant legal and operational frameworks; recommends to define criteria for risk assessment and use of anti-riot gear in order to clearly determine responsibilities associated with the chain of command and to have a clear identification of the acting police officers to enable them to investigate possible excesses and to avoid impunity;
Amendment 483 #
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 activitiest role that civil society plays to defend and promote the principles enshrined in Article 2 TEU, including respect for human dignity, equality, fundamental rights, democracy and the rule of law; stresses the need to ensure an enabling environment for civil society organisations, where these can operate free from attacks and without unnecessary or arbitrary restrictions as well as adequate funding to support civil society activities; condemns the restrictions in access to funding of civil society organisations which, in some Member States, has a more systemic aspect in the form of legal and policy changes and are severely affecting their work and legal standing;
Amendment 495 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that the increasing mobilisations of protesters across Europe are manifold: they include economic inequalities, decreasing trust in the traditional political elites and institutions, violations of fundamental rights and democratic rules and the will of citizens to be better heard; highlights that the right to peaceful protest and peaceful assembly is connected with the right to freedom of expression and its protection is crucial for the good health of democratic societies; reminds that the authorities of Member States have the obligation to safeguard the right of all persons to express their views freely in the context of public assemblies, as well as to protect assemblies against those who want to deny others the right to demonstrate and to make their views heard1a, __________________ 1a https://www.coe.int/en/web/commissioner/ -/shrinking-space-for-freedom-of- peaceful-assembly
Amendment 505 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Insists that regular and comprehensive monitoring and analysis are crucial to understand the challenges faced by civil society across Europe; calls for a revision of the mandate of the EU Fundamental Rights Agency which would enable the Agency to receive and investigate complaints and carry out country specific assessments;
Amendment 508 #
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Urges the Commission to take legal action when laws are adopted in Member States which limit civic space, in violation of the Charter, including by launching infringement proceedings;
Amendment 509 #
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Calls on all Member States to ensure that counter-terrorism laws, including those implementing Directive 2017/541 on combatting terrorism1a, are implemented in a manner that does not arbitrarily or disproportionately interfere with the rights to freedom of expression, association or assembly, does not discriminate against particular ethnic or religious communities, and protects the right to liberty and the right to a fair trial; __________________ 1aDirective (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA
Amendment 512 #
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Condemns the use of legislation aimed at protecting citizens to supress legal dissent, such as the abuse of criminal offenses referring to “glorification of terrorism” against legitimate dissidents, hate speech laws against artists critical of police abuses and blasphemy laws in some Member States;
Amendment 513 #
Motion for a resolution
Paragraph 11 f (new)
Paragraph 11 f (new)
11f. Is deeply concerned about the broad scope of domestic legislative frameworks to implement surveillance measures and access electronic information, without adequate judicial oversight and safeguards ensuring due consideration to the right to privacy and the right to a fair trial, where such information may lead to criminal investigations, thus failing to ensure that government agencies operate within the rule of law;
Amendment 514 #
Motion for a resolution
Paragraph 11 g (new)
Paragraph 11 g (new)
11g. Condemns the deployment of face and other biometric remote recognition technologies by Member States in potential breach of Art.9(1) and 9(2)(g) of the General Data Protection Regulation (GDPR) since it does not meet the requirement of "necessary for reasons of substantial public interest” and Art.4(1), 8(1)and 10 of the Law enforcement Data Protection Directive, since such systems pose serious threats to freedom of assembly and association;
Amendment 515 #
Motion for a resolution
Paragraph 11 h (new)
Paragraph 11 h (new)
11h. Calls on the European Commission to launch infringement procedures against Member States whose laws implementing the invalidated Data Retention Directive were not repealed to be in line with the CJEU judgements in joined Cases C-203/15 and C-698/15 - Tele2 Sverige, and joined cases C-293/12 and C-594/12 - Digital Rights Ireland;
Amendment 516 #
Motion for a resolution
Paragraph 11 i (new)
Paragraph 11 i (new)
11i. Reminds that the right to self- determination is a universal right and is recognised as the right of all peoples to freely determine their political status and freely pursue their economic, social and cultural development, as is laid down in Article 1 common to the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR); calls on the EU institutions and Member States to respect and defend the right of peoples to self-determination as well as the cultures, identities, languages and all democratic and peaceful political ambitions of European peoples; stresses that article 1 TEU states that the EU aims at creating an ever closer Union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen;
Amendment 549 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Strongly condemns attacks and harassment against human rights activists and humanitarian workers and efforts or attempts to criminalise humanitarian assistance; reiterates that safe and legal pathways are the best way of avoiding loss of life; urges Member States to intensify resettlement measures and put in place humanitarian corridors to the EU;
Amendment 555 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Is deeply concerned about the adoption in some Member States of national legislation which blatantly violates fundamental rights and criminalise humanitarian assistance to people in distress; strongly condemns criminal proceedings initiated in some Member States against civil society organisations and individual citizens for providing assistance to people in distress and calls for their prompt and full acquittal;
Amendment 560 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Stresses that undocumented migrant should be able to fully enjoy their basic fundamental rights, no matter what their legal or administrative status is; expresses its serious concern at the situation of migrants and asylum seekers who are smuggled to the EU and the necessity to open legal and safe migration and asylum routes; recalls that women and children may be compelled to exchange sex for protection or basic support to survive, and that this is often due to gaps in assistance, failures of registration systems and of compliance with the principle of the best interests of the child, family separation or the absence of safe and legal means of entry into the EU;
Amendment 563 #
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Recalls that the use of the word “illegal” when referring to migrants negatively impacts the general public’s perception of migrants, legitimising policies that are not in line with human rights guarantees and contributing to xenophobia and discrimination, as well as to public backlashes, threats and violence against NGOs supporting refugees and other migrants[1]; [1]https://rm.coe.int/expert-council-conf- exp-2019-1-criminal-law-ngo-restrictions- migration/1680996969
Amendment 565 #
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Urges the Commission and the Member States to address the current worrying situation in hotspots, paying particular attention to women and children; calls on the EU and the Member States to step up action to end the detention of children, particularly in the context of migration across the EU, and to work out community-based alternatives to detention, as well as prioritising integration, education and psychological support; stresses that an unaccompanied child is above all a child who is potentially in danger and that child protection, rather than migration policies, must be the leading principle for Member States and the European Union when dealing with them, thus respecting the core principle of the child’s best interests;
Amendment 566 #
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13f. Calls on the EU Member States to enhance proactive search and rescue operations by providing sufficient vessels and equipment specifically dedicated to search and rescue operations and personnel, along the routes where they can make an effective contribution to the preservation of lives, whether under the umbrella of a Frontex-coordinated operation, or under international or separate national or regional operations, preferably civil operations; calls on the Commission to support such initiatives politically and financially; calls on Member States to make full use of all vessels able to assist in search and rescue operations, including vessels operated by NGOs; believes that NGO vessels and merchant shipping should not be a substitute for the due fulfilment by the Member States and the Union of their search and rescue obligations as part of a more long-term, structural and coordinated approach;
Amendment 567 #
Motion for a resolution
Paragraph 13 g (new)
Paragraph 13 g (new)
13g. Calls on Member States and Frontex to step up their efforts in support of search and rescue operations in the Mediterranean and expresses its satisfaction at the large number of people that Frontex rescued in 2018 and 2019; regrets that this positive contribution to search and rescue activities was not enough to considerably lower the death toll in the Mediterranean;
Amendment 568 #
Motion for a resolution
Paragraph 13 h (new)
Paragraph 13 h (new)
13h. Reiterates its urge to the Commission to adopt guidelines for Member States specifying which forms of assistance should not be criminalised, in order to ensure greater consistency in the criminal regulation of facilitation across Member States and limit unwarranted criminalisation;
Amendment 569 #
Motion for a resolution
Paragraph 13 i (new)
Paragraph 13 i (new)
13i. Calls on the Commission to start work immediately on a new, more sustainable, reliable and permanent approach to search and rescue, replacing existing ad hoc solutions, to develop a specific operational action plan to assess and respond to SAR needs and capacities and to provide material and financial support to Member States in order to enhance their capacity for saving lives at sea and coordinating search and rescue operations;
Amendment 570 #
Motion for a resolution
Paragraph 13 j (new)
Paragraph 13 j (new)
13j. Call son the Commission to include a sustainable and fair relocation mechanism for persons arriving by sea in its planned relaunch of the reform of asylum rules;
Amendment 573 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Expresses grave concern about serious attacks against the rule of law in some Member States; recalls that the independence, impartiality and accountability of the judiciary, as well as the independence of lawyers and prosecutors, are fundamental to the Rule of Law and the protection of fundamental rights; urges the Commission to promptly and thoroughly scrutinise Member States legislations’ consistency with EU law, and to initiate infringement proceedings in case these were to be found in breach of EU law;
Amendment 578 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Notes the efforts of the Commission and the Council to ensure that all Member States fully uphold the rule of law, democracy and fundamental rights, but also the limited impact so far of the procedures initiated under Article 7(1) TEU; takes the view that the EU should be able to initiate infringement procedures against Member States that are no longer upholding the values enshrined in Article 2 TEU, and that Article 7 TEU should be activated if all other remedies have failed; takes the view that the EU’s ineffectiveness as regards putting an end to the serious and persistent breaches of the values referred to in Article 2 TEU in some Member States is undermining both trust among the Member States and the credibility of the EU; emphasises furthermore that the persistent failure to address these breaches has encouraged other Member States to follow the same path; invites the Council to examine and follow up any proposals from the Commission and Parliament relating to infringement procedures and possible sanctions;
Amendment 581 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Recalls the need for an impartial and regular assessment of the situation with regard to the rule of law, democracy and fundamental rights in all the Member States; stresses that such an assessment must be based on objective criteria; recalls in this regard that the Council also has a key role to play in safeguarding the rule of law and the other values referred to in Article 2 TEU, and welcomes the efforts made by certain Member States to ensure that within the Council a regular assessment takes place of the situation with regard to the rule of law in each Member State; calls on the Council to take swift action with a view to achieving this aim; furthermore recalls Parliament’s resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights; reiterates its call on the Commission to submit, on the basis of Article 295 TFEU, a proposal for the conclusion of a Union Pact for democracy, the rule of law and fundamental rights (EU Pact for DRF), in the form of an interinstitutional agreement laying down arrangements facilitating cooperation between the Union institutions and the Member States in the framework of Article 7 TEU; considers that this would be a fair, balanced, regular and preventive mechanism for dealing with possible breaches of the values listed in Article 2 TEU, which could function similarly to the European Semester for economic policy; recalls the intrinsic link that exists between the rule of law and fundamental rights and the need to make all Europeans more aware of the EU’s common values and the Charter; underlines the importance of Parliament sending ad hoc delegations to Member States when there is clear evidence of serious breaches of democracy, the rule of law and fundamental rights;
Amendment 585 #
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Highlights that political influence or control of the judiciary, other forms of intimidation or interference by governments or other powerful actors, the corruption of judges, lawyers or prosecutors, as well as lack of independence of individual judges within a judicial hierarchy, manipulation of assignment of cases, controversial judicial appointments and systems of election of judges and similar barriers to independence of individual judges, have often resulted in the judiciary itself being unable or unwilling to fulfil its role as an independent check on the arbitrary use of power by the executive and legislative branches of government, as an impartial arbiter of disputes and as a guarantor of the fair administration of justice and fair trial rights;
Amendment 586 #
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Deeply regrets that, instead of upholding and strengthening judicial independence, impartiality and accountability, some governments and politicians in some Member States interfere with the judiciary and even resort to threats against judges; recalls that the independence of judges is not a prerogative or privilege granted in judges’ own interest but in the interest of the rule of law and of persons seeking and expecting impartial justice; stresses that judges’ impartiality and independence are essential to guarantee the equality of parties before the courts and should be regarded as a guarantee of freedom, respect for fundamental rights and impartial application of the law; condemns the use of the judiciary system for political purposes, which seek to damage, delegitimize and silence political dissent; stresses that the concept of “lawfare” is being used to define and label these sort of situations;
Amendment 587 #
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
Amendment 588 #
Motion for a resolution
Paragraph 13 g (new)
Paragraph 13 g (new)
13g. Condemns the failure of many Member States to improve prison conditions and tackle prison overcrowding, in particular through the adoption of measures to address the continued overuse of pre-trial detention instead of alternative measures which do not involve the deprivation of liberty, and calls on the Commission to propose legislation setting EU standards;
Amendment 589 #
Motion for a resolution
Paragraph 13 h (new)
Paragraph 13 h (new)
13h. Recalls that pre-trial detention is intended to be an exceptional measure, to be used only in cases where it is strictly necessary, proportionate, for the shortest possible period of time and in compliance with the presumption of innocence and the right to liberty; regrets the excessive use of pre-trial detention in some Member States and the lack of reviews of detention to ensure that pre-trial detention as a measure of last resort is duly justified;
Amendment 590 #
Motion for a resolution
Paragraph 13 i (new)
Paragraph 13 i (new)
13h. Highlights the link between corruption and fundamental rights violation in accordance to the diagnosis made by the GRECO group of the Council of Europe, in a number of areas such as the independence of the judiciary, freedom of expression of journalists and whistleblowers, freedom of assembly, detention facilities, social rights, discrimination in the enjoyment of basic rights, and the trafficking of human beings;[1][1]https://rm.coe.int/factsheet- human-rights-and- corruption/16808d9c83
Amendment 595 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that whistle-blowers are instrumental to resolve many of the challenges of our democracies, including the fight against grand corruption and money laundering, as well as new challenges such as threats to individual freedom through the mass fraudulent use of personal data, activities causing serious environmental harm or threats to public health; stresses there is an urgent need to implement targeted measures which encourage people to report the relevant facts and afford better protection to those who take the risk of doing so; calls on the Commission to closely follow the transposition of the Whistle-blower Directive into EU member states’ national law within two years from its entry into force as is legally required;
Amendment 601 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the EU institutions and Member States to proceed expeditiously to negotiate and ratify an accession agreement for the EU to accede to the European Convention on Human Rights, as is required by the EU treaties, in a manner that establishes full accountability for violations of ECHR rights by the EU institutions and EU Member States acting pursuant to EU law, and ensures effective access to justice for victims of such violations;
Amendment 603 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Urges the EU to reform its Treaties to allow judicial reviews of fundamental rights by the Court of Justice of the European Union by making the European Charter of Fundamental Rights directly applicable in all areas and all Member States; asks to allow individuals to initiate proceedings against a Member State for violations of fundamental rights if domestic remedies have been exhausted;