10 Amendments of Emine BOZKURT related to 2010/0065(COD)
Amendment 55 #
Proposal for a directive
Recital 2
Recital 2
(2) The European Union is committed to the prevention of and fight against trafficking in human beings, and to the protection of the rights of trafficked persons. For this purpose, Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings and an EU Plan on best practices, standards and procedures for combating and preventing trafficking in human beings (2005/C311/01) were adopted. Moreover, the coordination of prosecution of cases of trafficking in human beings will be facilitated by the adoption of Council Framework Decision 2009/948/JHA on prevention and settlement of conflict of jurisdiction in criminal proceedings. The EU is in parallel to this also pursuing actions in non-EU countries of origin and transfer of victims, aiming in particular at raising awareness, reducing vulnerability, supporting and assisting victims, fighting the root causes of trafficking and supporting countries to develop appropriate anti-trafficking legislation. Moreover, the coordination of prosecution of cases ofIn the framework of enlargement process the EU has included combating trafficking inof human beings will be facilitated by the adoption of Council Framework Decision 2009/948/JHA on prevention and settlement of conflict of jurisdiction in criminalin SAA agreements with potential candidate and candidate countries of EU. This commitment should continue to play a significant factor in the enlargement proceedingss.
Amendment 79 #
Proposal for a directive
Recital 11
Recital 11
(11) Victims of trafficking in human beings need to be able to exercise their rights effectively. Therefore assistance and support should be available to victims before, during and for an appropriate time after criminal proceedings. In order for the assistance and support to be effective, it is necessary that it is provided on an informed and consensual basis, guaranteeing that the victim agrees to for example actions to detect illnesses or other essential support measures. The assistance and support provided should include at least a minimum set of measures that are necessary to enable the victim to recover and escape from their traffickers. The practical implementation of such measures should, on the basis of an individual assessment carried out in accordance with national procedures, take into account the conditions and needs of the person concerned. A person should be provided with assistance and support as soon as there is an indication that he or she might have been trafficked and irrespective of his/her willingness to act as a witness. Assistance should be provided unconditionally at least until the competent authorities have taken a final decision with regard to the reflection period and the residence permit, or otherwise acknowledge that the person is a victim of trafficking in human beings. If, after the completion of the identification process or expiry of the reflection period, the person is not considered eligible for a residence permit or does not otherwise have lawful residence in the country, the Member State concerned is not obliged to continue providing assistance and support to that person on the basis of this Directive. Where necessary, assistance and support should continue for an appropriate period after the criminal proceedings, for example if medical treatment is ongoing due to severe physical or psychological consequences of the crime, or if the victim's safety is at risk due to his/her statements in criminal proceedings. Anti-trafficking measures shall not adversely affect the rights of those who have been trafficked and of migrants, internally displaced persons, refugees and asylum seekers.
Amendment 90 #
Proposal for a directive
Recital 13
Recital 13
(13) Victims of trafficking who have already suffered the abuse and degrading treatment trafficking commonly entails, such as sexual exploitation, rape, slavery- like practices and the removal of organs, should be protected from secondary victimisation and further trauma during the criminal proceedings. To this end victims of trafficking should during criminal investigations and proceedings receive treatment that is appropriate to their individual needs. The individual needs assessment should take into consideration circumstances such as age, pregnancy, health, disability and other personal conditions, as well as the physical and psychological consequences of the criminal activity to which the victim has been subjected. Whether and hHow the treatment is applied is to be decided in accordance with grounds defined by national legislation, rules of judicial discretion, practice and guidance, on a case by case basis.
Amendment 95 #
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, information, awareness raising, and education. In such initiatives Member States should adopt a gender perspective and a child rights approach. Member States shall exercise due diligence in identifying and eradicating public-sector involvement or complicity in trafficking. 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 that are likely to encounter trafficking victims in their work. Member States should work together with civil society working with trafficked persons in policymaking initiatives, training as well as in monitoring and evaluating the impact of anti-trafficking measures.
Amendment 133 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall take the necessary measures to ensure that the proceeds of and profits from the offences referred to in this Directive are seized and confiscated. In this regard, close cross border cooperation between Members States' police, judicial and financial authorities and cooperation with Europol and Eurojust is essential.
Amendment 163 #
Proposal for a directive
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. Member States shall provide for a referral mechanism through which state actors refer victims of trafficking to relevant support agencies and organisations so that victims are indentified and receive the care and counselling they require. This shall include taking all the necessary measures to provide persons in need of international protection pursuant to Article 9 and Article 15 of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted1; and ensure cooperation between law enforcement authorities and national asylum authorities. __________ 1 OJ L 304, 30.9.2004, p.12.
Amendment 164 #
Proposal for a directive
Article 10 – paragraph 4 b (new)
Article 10 – paragraph 4 b (new)
4b. Member States shall ensure the sustainability of independent support organizations and service providers working with victims of human trafficking and encourage, in cooperation with EU Anti-Trafficking Coordinator, the creation of a Pan European network of organisations dealing with direct assistance and support to victims.
Amendment 168 #
Proposal for a directive
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Member States shall guarantee a safe return to trafficked persons by both the receiving State and the State of origin. Trafficked persons should be offered alternatives to repatriations in cases where it is reasonable to conclude that such repatriations would pose a serious risk to their safety and or that there is a serious risk of being re-trafficked upon return.
Amendment 200 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. As a part of the Enlargement policy, prevention through awareness raising campaigns targeting potential victims and strengthening of civil society are crucial as potential candidate and candidate countries are often countries of origin, transit and/or destination of victims and should be in the focus of the EU and its Member States.
Amendment 227 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
As a part of the Enlargement policy, police and judicial cooperation is crucial as part of the effective EU effort to combat human trafficking. Member States and the European Union Anti-trafficking Coordinator should ensure that EU policies are adequately adopted in the same manner in potential candidate and candidate countries according to this Directive to ensure cohesion. The fight against human trafficking can only be successful if governments, agencies and organisations at local, regional, national and international levels work together.