Activities of Anna HEDH related to 2010/0065(COD)
Plenary speeches (2)
Trafficking in human beings (debate)
Trafficking in human beings (debate)
Reports (1)
REPORT Report on the proposal for a directive of the European Parliament and of the Council on preventing and combating trafficking in human beings, and protecting victims, repealing Framework Decision 2002/629/JHA PDF (362 KB) DOC (328 KB)
Amendments (16)
Amendment 57 #
Proposal for a directive
Recital 3
Recital 3
(3) This Directive adopts an integrated and holistic humanitarian approach to the fight against trafficking in human beings and should be implemented in the light of Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities1 and Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third- country nationals2. More rigorous prevention, prosecution and protection of victims' rights, are major objectives of this Directive. Children are more vulnerable and therefore at greater risk of falling victim to trafficking in human beings. In the application of the provisions of this Directive the child's best interests must be a primary consideration, in accordance with the Charter of Fundamental Rights of the European Union and United Nations Convention on the Rights of the Child. In implementing this Directive due attention should be paid to consistency with Directive 2010/.../EU of the European Parliament and of the Council of... [on combating the sexual abuse, sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA]. _________ 1 OJ L 261, 6.8.2004, p. 19. 2 OJ L 168, 30.6.2009, p. 24.
Amendment 67 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Family members or relatives of children begging may be involved in the trafficking process that results in a child begging in exploitative situations. In order to respond appropriately, there should be an individual case assessment for each child, taking into account the child’s views and the child’s family situation, including the role of the family members in the trafficking process. A decision should be made in the best interest of the child, recognizing that there may be circumstances where social assistance to the child and family members is a more appropriate response to the situation, whereas in other situations, criminal prosecution of parents or relatives may be appropriate if they have been involved in the trafficking process.
Amendment 82 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Member states shall ensure that victims of trafficking can be granted and maintain the same level of protection while moving inside the European Union, through appropriate and effective measures of judicial cooperation. Victims of trafficking shall be informed accordingly of the protection measures available at EU level.
Amendment 91 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) To avoid victims needing to start multiple proceedings, Member States should ensure that victims have the right to extend in a simple and efficient way the level of protection granted them in one Member State so that this is maintained when they move around the European Union. Victims of trafficking in human beings shall therefore be informed that EU judicial cooperation procedures exist for this purpose.
Amendment 94 #
Proposal for a directive
Recital 15
Recital 15
(15) Member States should establish and/or strengthen policies to prevent trafficking in human beings including measures to discourage the demand that fosters all forms of exploitation, and measures to reduce the risk of people falling victims to trafficking in human beings, by means of research, informacluding research into new forms of trafficking in human beings, information, training, harmonised data collection, awareness raising, and education. In such initiatives Member States should adopt a gender perspective and a child rights approach. Any officials likely to come into contact with victims or potential victims of trafficking in human beings should be adequately trained to identify and deal with such victims. This training obligation would in particular cover police officers, border guards, labour inspectors, health care personnel and consular staff, but could depending on local circumstances also involve other groups of public officials and social private that are likely to encounter trafficking victims in their work.
Amendment 101 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States should establish better systems for monitoring the activities of private employment agencies, including agencies recruiting seasonal workers, based on standards laid down in the ILO Private Employment Agency Convention N. 181.
Amendment 124 #
Proposal for a directive
Article 2 – paragraph 6 a (new)
Article 2 – paragraph 6 a (new)
6a. For the purpose of this Directive “guardian” shall mean a person appointed by the competent authorities to assist and represent an unaccompanied child with a view to ensuring the child's best interests, and a “legal representative” shall mean a person appointed by the competent authorities to exercise legal capacity for the child where necessary.
Amendment 138 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States adopt the necessary measures in order to guarantee the victim's right to an effective compensation of the harm, also if the penal responsible does not have assets amenable to execution.
Amendment 157 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall take the necessary measures to establish appropriate mechanisms aimed at early identification, assistance and support for victims, in cooperation with relevant support organisations, including recognized and active non-governmental organizations in this field. Such measures shall include the support to the development of general EU protocols for the identification of victims of trafficking, through the exchange of best practices between all the relevant actors, particularly public and private social services.
Amendment 175 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall ensure that victims of trafficking in human beings receive appropriate protection on the basis of an individual risk assessment, inter alia by having access to witness protection programmes or other similar measures, if appropriate and in accordance with the grounds defined by national legislation or procedures. Member States shall also ensure protection from retaliations, threats, and intimidations to non- governmental organizations committed in the reception and support of victims of trafficking, in accordance with the grounds defined by national legislation or procedures.
Amendment 182 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall take the necessary measures to ensure that the specific actions to protect, assist and support child victims of trafficking in human beings, in the short and long term, in their physical and psycho-social recovery, are undertaken following an individual assessment of the special circumstances of each particular child victim, taking due account of the child’s views, needs and concerns. Members States shall appoint a guardian and a legal representative for the child victim of trafficking in human beings from the moment he/she is identified by the authorities where, by national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family.
Amendment 186 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. In the case of an unaccompanied and separated child, measures will be taken with a view to finding a durable solution for the child taking the best interests of the child as a primary consideration and incorporating all necessary procedural safeguards. Durable solutions may include integration in the host society, joining his/her family in another Member State or in a third country, return and reintegration with the child's family in the country of origin. Integration in the host society may include a referral to the competent national asylum authorities for child victims of trafficking in human beings who are in need of international protection.
Amendment 209 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall consider takingtake measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2 with the knowledge that the person is a victim of an offence referred to in Article 2.
Amendment 214 #
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. When the use of the service was determined by a concrete risk for the life of the users, or the service was used to aid the victim for humanitarian reasons or a person was strongly coerced into using the services, a case by case evaluation will be needed to establish the applicability of sanctions.
Amendment 219 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall take the necessary measures to establish independent National Rapporteurs or equivalent mechanisms. The tasks of such mechanisms shall include the gathering of comparable statistics, the carrying out of assessments on trafficking in human beings trends and of protection and assistance mechanisms, in close cooperation with involved social actors and recognized and active non-governmental organizations in this field, the measuring of results of anti- trafficking actions and reporting at least once a year to the relevant national authorities and to the EU Anti-Trafficking Coordinator.
Amendment 224 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. Information gathered shall be forwarded to the EU Anti-trafficking Coordinator, Eurojust, Europol and Frontex. On that basis and using any other available information the EU Anti- trafficking Coordinator shall in cooperation with Eurojust, Europol, Frontex and the relevant social actors and the recognized and active non- governmental organizations draft an annual report on the state of play of trafficking in human beings. The report shall be presented to the European Parliament, the national parliaments, the European Commission and the Council.