60 Amendments of Sophia IN 'T VELD related to 2017/2125(INI)
Amendment 2 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity,
Amendment 5 #
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
- having regard to the European Commission’s List of Actions to advance LGBTI Equality and to the Council conclusions on LGBTI equality, adopted on 16 June 2016,
Amendment 17 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Fundamental Rights Agency’s EU LGBT Survey (2013), to its report entitled ‘Being Trans in the European Union – Comparative analysis of the EU LGBT survey data’ (2014), to its focus paper on the Fundamental Rights Situation of Intersex people (2015), and to its report entitled 'Professionally speaking: challenges to achieving equality for LGBT people' (2016);
Amendment 21 #
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
Amendment 60 #
Motion for a resolution
Recital A
Recital A
A. whereas the basis for European integration is the upholding and promotion of human rights, fundamental freedoms, democracy, the rule of law and the values and principles enshrined in the European treaties and international human rights instruments;
Amendment 64 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the European Union is a community of values, based on democracy, the rule of law and fundamental rights, enshrined in its core principles and objectives in the first articles of the Treaty on European Union (TEU), and in the criteria for Union membership;
Amendment 76 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the values referred to in Article 2 are shared by all the Member States and by virtue of Article 49 TEU, candidate States should not only uphold these values but also actively promote them; whereas the obligation to uphold and promote these values still applies after a State’s accession;
Amendment 81 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the Union is a law-based community within which the principles of democracy, the rule of law and fundamental rights should be continually consolidated and whereas any attempt to undermine these principles is to the detriment not only of the Member State concerned but also of the Union as a whole;
Amendment 83 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas in its conclusions of 16 October 2017, the Council reaffirmed its commitment to the promotion of human rights and democratic principles; whereas the Union promotes the rule of law and fundamental rights in its foreign policy – particularly regarding candidate countries – and whereas the coherence and credibility of its actions require the thorough monitoring of the rule of law and fundamental rights within the Union itself;
Amendment 90 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in the 2017 State of the Union address, President Juncker stressed the importance of respecting European values and recalled that the independence of national courts is a pillar of the rule of law; whereas he also pointed out that the Member States had given final jurisdiction to the Court of Justice of the European Union and that its judgements should be respected by all;
Amendment 95 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the accession of the Union to the European Convention for the Protection of Fundamental Rights and Fundamental Freedom is a Treaty obligation under Article 6(2) TEU;
Amendment 140 #
Motion for a resolution
Recital F
Recital F
F. whereas the ongoing wave of terrorist attacks across the EU has fuelled widespread mistrust of Muslim migrants, and whereas certain political parties are exploiting this mistrust and employing the rhetoric of cultural isolationism and hatred of those who are different, which goes against EU values;
Amendment 155 #
Motion for a resolution
Recital H
Recital H
H. whereas the political measures taken by a number of Member States in response to the ongoing influx of migrants include the reintroduction of internal border controls in the Schengen area, a step which is increasingly seen as permanent rather than just temporary and which is incompatible with EU integration;
Amendment 164 #
Motion for a resolution
Recital I
Recital I
I. whereas hate speech includes all forms of expression both online and offline which propagate, encourage, promote or justify racial hatred, xenophobia, anti-Semitism, homophobia, transphobia or other forms of hatred based on intolerance; whereas the development of new kinds of media is making it easier to engage in online hate speech;
Amendment 175 #
Motion for a resolution
Recital J
Recital J
J. whereas there is a risk that the increased levels of hatred, xenophobia and Afro, Afrophobia, homophobia and transphobia, whether expressed in the form of hate crimes, anonymous messages spread on social networks and other internet platforms, protests or political propaganda, will come to be seen as normal in the Member States;
Amendment 178 #
Motion for a resolution
Recital J
Recital J
J. whereas there is a risk that the increased levels of hatred, xenophobia and Afrophobia, whether expressed in the form of hate crimes, anonymous messages spread on social networks, including anonymous messages, protests or political propaganda, willare comeing to be seen as normal in the Member States;
Amendment 205 #
Motion for a resolution
Subheading 1
Subheading 1
Rule of law and governance
Amendment 209 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Asserts that neither national sovereignty nor subsidiarity can justify or legitimise the systematic refusal on the part of a Member State to comply with the principles of governance which inspired the introductory articles of the European Treaties which every Member State has willingly endorsed and committed themselves to respect;
Amendment 211 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the EU’s shared values constitute the foundations of European integration and underpin its legitimacy; takes the view, therefore, that, even during periods marked by a wave of challenges affecting the Union, it should be able to ensure that all the Member States continue to uphold these values;
Amendment 214 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that compliance with the Copenhagen Criteria by the States at the time of their accession to the EU is not an irreversible achievement and that constant monitoring and dialogue are necessary; recognises in this respect the great responsibility incumbent on the Commission as guardian of the Treaties, on the European Parliament as the directly elected assembly representing EU citizens, and on the Council within which all the Member States should be able to discuss matters on equal terms;
Amendment 215 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recalls that Article 17(1) TEU assigns the Commission the role of guardian of the Treaties and, accordingly, it has the validity and authority to ensure that all the Member States are upholding the principles of the rule of law and the other values referred to in Article 2 TEU; considers, therefore, that the measures taken by the Commission to carry out the task and to ensure that the conditions which existed before a Member State’s accession are still being fulfilled, do not violate the sovereignty of the Member States;
Amendment 217 #
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Recalls the responsibility of the Council itself to be involved in matters of rule of law and governance; welcomes the idea of holding regular talks on the rule of law within the General Affairs Council and the readiness of a number of Member States to undertake initiatives to strengthen discussions on the rule of law and to address the matter in a constructive way; calls on the Council to continue down this path so that every Member State is subjected to regular evaluation;
Amendment 219 #
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Considers that the abuses observed in certain Member States over several years are serious violations of the values referred to in Article 2 TEU; takes the view that the lack of results achieved from trying to address those situations undermines the EU’s credibility in the eyes of the other Member States, candidate countries and the rest of the international community; is concerned that the impunity for the observed abuses encourages other Member States to go down the same path; worries about the risk of certain Member States forming a coalition to block any EU attempt to tackle the issues in the Member States concerned; considers that the unanimity rule makes it impossible to impose any sanctions and that the impossibility of using sanctions after all channels for dialogue have been exhausted compromises the effectiveness of any preventive measures taken by the EU in this area;
Amendment 221 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the Commission’s efforts to ensure that all Member States fully uphold the rule of law, but also the ineffectiveness of the instruments used thus far; insists that Article 7 of the TEU should no longer be regarded merely as a hypothetical tool, but should be employed if all other remedies have failed; and welcomes its intention to keep dialogue and exchanges with the Member States active and alive, but notes nonetheless the ineffectiveness of the instruments used thus far; considers that all channels of dialogue should be explored but that, without tangible results, they should not be prolonged indefinitely once it is clear that the heads of the Member States concerned are not interested in addressing the situation; insists that Article 7 of the TEU should no longer be regarded merely as a hypothetical tool, but should be employed if all other remedies have failed; recalls in that regard that the activation of Article 7 does not automatically mean that sanctions will be imposed on the Member State concerned; stresses that the first phase of activation involves, first and foremost, dialogue between the Council and the Member State concerned given that the latter has the right to be heard by the Council and can receive recommendations; recalls that this ‘preventive’ phase was created specifically to give the EU the ability to act swiftly to avoid resorting to sanctions;
Amendment 225 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that the required unanimity and the imprecise nature of the possible sanctions referred to in Article 7 TEU contribute to the hypothetical character of the Article; considers that the question of sanctions should be discussed formally within and between the institutions;
Amendment 229 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. StressesConsiders that the differences of interpretation and the non-compliance with the values referred to in Article 2 TEU pose a considerable risk to the cohesion of the European project, the rights of all Europeans and the mutual confidence needed between the Member States; stresses therefore that the EU needs a common approach to governance, which does not yet exist, and which must be developed by pooling experiences of European governance and by EU citizens and their leaders adopting it;
Amendment 234 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that this common approach to governance should include a common understanding of the role of the majority within a democracy to prevent abuses which could lead to a tyranny of the majority; takes the view that in a healthy democracy parliamentary debate and procedures are always respected and voices from civil society and the opposition are always listened to;
Amendment 237 #
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Notes the Rule of Law Checklist adopted by the Venice Commission as endorsed by the Committee of Ministers and the Parliamentary Assembly of the Council of Europe; considers that the six- criterion list should be a practical and objective tool for monitoring compliance with the rule of law;
Amendment 238 #
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Recalls the intrinsic link that exists between the rule of law and fundamental rights; notes the strong mobilisations of EU citizens through which they show their strong commitment to fundamental rights and European values; considers that EU citizens’ confidence in the European project will largely depend on the ability of the EU institutions to act as spokesperson for all EU citizens in that area and to become guarantor of those values;
Amendment 239 #
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Recalls the need to make all Europeans more aware of the EU’s common values and the Charter on which their rights are based and of the impact that going against these values would have on their daily lives;
Amendment 240 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that in its resolution of 25 October 20161 it recommends the establishment of a European mechanism for democracy, the rule of law and fundamental rights; points out that this mechanism would be central to the coordinated European approach to governance which is currently lacking; Reminds in this regard that the existing Union monitoring mechanisms, such as the Cooperation and Verification Mechanism, the Justice Scoreboard and the Anti-Corruption reports are being applied regionally or thematically, which feeds into the two-speed Europe rhetoric; Underlines that a broader Rule of Law monitoring framework would result in better cohesion between the existing tools, improved effectiveness and annual cost savings. _________________ 1 Texts adopted, P8_TA(2016)0409.
Amendment 241 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. PStresses the importance of monitoring the situation in every Member State, as recognised by the Commission in its 2003 communication1a; points out that in its resolution of 25 October 20161 it recommends the establishment of a European mechanism for democracy, the rule of law and fundamental rights; points out that this mechanism would be central to the coordinated European approach to governance which is currently lacking; _________________ 1Texts Adopted for that date, P8_TA(2016)0409.a Communication (2003)606 on Article 7 of the Treaty on European Union. Respect for and promotion of the values on which the European Union is based
Amendment 249 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Strongly condemns increasing restrictions on freedom of assembly, such as on Pride marches, in some cases with violent responses from authorities against protesters; reaffirms the crucial role of these fundamental freedoms in the functioning of democratic societies and the responsibility of states in ensuring such rights are upheld and participants protected; calls on the Commission to take an active role in promoting these rights in line with international human rights standards;
Amendment 250 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to bundle, from 2018 onwards, its relevant annual thematic reports as well as the outcome of existing monitoring mechanisms and periodic assessment tools such as the Cooperation and Verification Mechanism, the Justice Scoreboard and the Anti-Corruption reports; Underlines the importance of making use of varied and independent sources throughout the monitoring process;
Amendment 295 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the view, therefore, that a clear distinction should be drawn between migrants who can legitimately claim refugee status and those who cannot; calls for migrants to be identified and for their requests for entry into the EU to be processed before they come;
Amendment 306 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly condemns the upsurge in the trafficking of human beings in Africa and towards Europe, the perpetrators of which – including official and governmental players – should be made to feel the full force of the law; recalls that children make up almost a third of asylum seekers and are particularly vulnerable; calls on the EU and on its Member States to step up their efforts to prevent unaccompanied minors from going missing and to stop them from falling into the hands of criminal networks;
Amendment 315 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that the number of refugees in the world is ever growing, calls on the EU and the Member States to strengthen the legal channels for refugees and, in particular, to increase the number of reinstallation places offered to the most vulnerable refugees;
Amendment 331 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that the return policy should fully comply with migrants’ fundamental rights including the right of non-refoulement; considers that the necessary attention should be given to the dignity of individuals being returned and asks, in this regard, that voluntary returns and assistance for reintegration into the societies of origin are strengthened;
Amendment 358 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls the importance of guaranteeing the right to an education for immigrant children as a necessity for their personal development and for their integration into the host society; calls on the Member States to ensure that immigrant children go to school whilst taking into account their specific needs, particularly in terms of language learning; Stresses the need for measures to be taken as a matter of priority in all the Member States to give immigrant children access to education, language learning, healthcare, good living conditions and the opportunity to be reunited with their family;
Amendment 361 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need for measures to be taken as a matter of priority in all the Member States to give immigrant children access to education, language learning, healthcare, good living conditions and the opportunity to be reunited with their family; in addition, detention is never in a child's best interest and always constitutes a child rights violation;
Amendment 371 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that integration is best achieved through schooling for young people and education in European citizenship for older people, that the EU should therefore promote a policy reception and integration in all the Member States, and that it is unacceptable that certain Member States should claim that the migration phenomenon is not their concern; underlines that self-reliance and chances of integration in the host society will be truly increased if applicants for international protection have effective access to language courses and the labour market from the start of the procedure.
Amendment 440 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that particular attention should be paid to the situation of women and the rights of women in the EU, be they immigrants, victims of abuse or modern slavery, alone or accompanied by children; points out that the EU and the Member States must set an example in this regard; calls in this regard on the Council to finally adopt the Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426);
Amendment 441 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that particular attention should be paid to the situation of women and the rights of women in the EU, be they immigrants, victims of abuse or modern slavery, alone or accompanied by children; points out that the EU and the Member States must set an example in this regard; urges the Member States to step up their efforts to combat sexual harassment and sexual aggression;
Amendment 466 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses concern at the rhetoric of hatred and fear directed at migrants entering Europe and the upsurge in anti- Islamic, anti-Semitic and anti-African rhetoric; condemns the normalisation of this discourse, including in the political sphere, and recalls that the fight against these phenomena relies on education and public awareness; calls on the Member States to introduce awareness-raising programmes in schools and urges the Commission to support the efforts made by Member States in this regard, particularly by creating guidelines for this process;
Amendment 472 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on Member States which have adopted legislation on same-sex partnerships and/or marriage to recognise provisions with similar effects adopted by other Member States; recalls the Member States' obligation to fully implement Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, including for same-sex couples and their children; welcomes the fact that more and more Member States have introduced and/or adapted their laws on cohabitation, civil partnership and marriage to overcome the discriminations based on sexual orientation lived by same-sex couples and their children and calls on other Member States to introduce similar laws; calls on the Commission to bring forward a proposal for the full mutual recognition of the effects of all civil status documents across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;
Amendment 475 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recognises that secularism, in terms of the strict separation of church and State, and the neutrality of the State is essential for protecting freedom of religion or belief, guaranteeing equal treatment of all religions and beliefs and fighting discrimination on grounds of religion or belief;
Amendment 478 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls for EU wide training for police enforcement officials in the EU to effectively combat hate crimes against LGBTI persons, provided by the European Union Agency for Law Enforcement Training (CEPOL) and building upon best practices on national level and the work of the European Union Agency for Fundamental Rights(FRA); underlines the importance of diversity in law enforcement agencies which increases trust;
Amendment 486 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that social networks and the anonymity guaranteed by many different mediainternet platforms encourage many forms of expression of hatred, from jihadist preaching to anti-Islam speech, including xenophobia, homophobia and transphobia, and calls for this phenomenon to be curbed through closer monitoring and the identification and prosecution of the authors of statements or words incompatible with European culture and law;
Amendment 489 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that internet users are becoming younger and younger; insists on the need to include education about the value of tolerance in the school curriculum to provide children with the tools they need to identify hate speech and intolerance, whether of an anti-Muslim, anti-Semitic, anti-African, anti-Roma or anti-LGBTI nature or aimed at any other minority;
Amendment 491 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Believes that awareness of hate crimes should be systematised among police officers and judicial authorities in the Member States, and that the victims of these crimes should be advised and encouraged to report the incidents;
Amendment 492 #
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Welcomes the fact that the European Commission created a high- level group to combat racism, xenophobia and other forms of intolerance, consisting of two sub-groups, one dedicated to combating hate speech online and the other to improving the collection of data linked to hate crimes; calls on this high- level group to work in particular on issues relating to the harmonisation of the definition of 'hate crime' and 'hate speech' across Europe; believes that the group should also address hate speech and incitement to violence that can be attributed to political figures;
Amendment 499 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes initiatives prohibiting LGBTI conversion therapies and banning pathologisation of trans identities and urges all member states to adopt similar measures that respect and uphold the right to gender identity and gender expression;
Amendment 504 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Urges Member States to prohibit invasive and irreversible sex- “normalising” surgery and hormonal treatments on intersex children when they can be deferred, until the child can provide fully informed consent; welcomes gender sensitive birth registration systems and legal gender recognition procedures;
Amendment 511 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the importance of maintaining and stepping up efforts in the areas of data protection, safeguards for children, the protection of victims of criminal acts, Roma people, violence against women, freedom of religion and belief, public health, the recognition of marital status in the EU, gender equality, the rights of p for all couples regardless of sexual orientation; and equality between people of all gender identities and gender expressions; banning of conversions with a disability and the rights of elderly persons therapies, forced sterilisation and the introduction of quick, accessible, transparent legal gender recognition based on self-determination and the de-pathologisation of transgender identities, especially of children, while ensuring access to trans-specific healthcare;
Amendment 516 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the importance of maintaining and stepping up efforts in the areas of data protection, safeguards for children, the protection of victims of criminal acts, Roma people, violence against women and girls, including sexual harassment and abuse, freedom of religion andor belief, public health, the recognition of marital status in the EU, LGBTI persons and their families, gender equality, the rights of persons with a disability, single-person households, and the rights of elderly persons;
Amendment 521 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Persons with disabilities Welcomes the progress in implementing the CRPD and the recent legislative advances geared towards improving accessibility for persons with disabilities; calls on the EU and the Member States to move forward on the issue of mutual status recognition between the Member States for persons with disabilities;
Amendment 524 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recognises that Sexual and Reproductive Health and Rights (SRHR) are fundamental rights and an essential element of human dignity, gender equality and self-determination; urges the European Commission to include SRHR, as basic human rights, in its next EU Health Strategy to ensure coherence between EU's internal and external fundamental rights policy;
Amendment 526 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. calls on the European Union and Member states to ratify and implement the Istanbul Convention as soon as possible; calls on the Commission and Member States to mainstream the fight against gender-based violence and violence against LGBTI people, including in their work with third countries;
Amendment 534 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Women’s rights Welcomes the fact that every Member State has signed the Istanbul Convention and the European Union has acceded; calls on the Member States that have not yet ratified the convention to proceed in doing so;
Amendment 542 #
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Rights of minorities and discrimination Recalls that human rights are universal and no minority should suffer discrimination; stresses the need to encourage victims to report cases of discrimination and invites the EU and the Member States to step up their efforts in this regard; recalls, further, the importance of addressing the issue of discrimination against those who belong to several minorities and of raising awareness of their rights among minorities and legal professionals;