Activities of Kyriacos TRIANTAPHYLLIDES related to 2012/2263(INI)
Shadow reports (1)
REPORT on the situation of unaccompanied minors in the EU PDF (238 KB) DOC (142 KB)
Amendments (17)
Amendment 5 #
Motion for a resolution
Citation 11
Citation 11
– having regard to the directives on asylum, particularly Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on 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 granted3 and the Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers, as well as Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals4 ,
Amendment 10 #
Motion for a resolution
Citation 13
Citation 13
– having regard to the contributions by the Council of Europe, particularly Resolution 1810 (2011) of its Parliamentary Assembly on ‘unaccompanied children in Europe: issues of arrival, stay and return’, and the recommendation of its Committee of Ministers to Member States on life projects for unaccompanied migrant minors (CM/Rec(2007)9) and the Twenty Guidelines on Forced Return of its Committee of Ministers CM(2005)40,
Amendment 25 #
Motion for a resolution
Recital F
Recital F
F. whereas the reception and care of unaccompanied minors varies considerably from one country to another, and there being no consistency between Statesis no equivalent and effective level of protection;
Amendment 32 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that an unaccompanied minor is above all a minorchild who is potentially in danger and that child protection, rather than immigration control, must be the major consideration for States and the European Union when dealing with them;
Amendment 38 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls also that the overridingbest interests of the child, as enshrined in provisions and case- law, must take priority over any other consideration in any act taken with regard to them, whether by public authorities or by private institutions; calls on the Commission to propose a common reference framework, based on a set of indices, to assess what constitutes the overriding interests of a childencourage proper implementation of EU legislative provisions on the best interests of the child through, inter alia, the elaboration of strategic guidelines and the exchange of best practices, based on the UNCRC General Comment No. 6 (2005) for the treatment of unaccompanied and separated children outside their country of origin;
Amendment 48 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deplores the fragmentation of the European provisions concerning unaccompanied minors and urges the Commission to compile a manual drawing together these various legal bas, in its efforts to encourage implementation, to compile a practitioners’ handbook drawing together these various legal instruments as well as existing best practices;
Amendment 58 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the lack of reliable official data on unaccompanied minors that could be used to respond better to their needs; calls on the Member States and the European Union to establish a coordinated method for gathering information in each Member State, by means of platforms bringing together all parties involved in the problem of unaccompanied minors, and to draw up a list of national contact points;
Amendment 61 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the European Union and Member States ought to step up their cooperation with third countries of origin and transit concerning the problem of unaccompanied minors, in preventing their arrival,and combating trafficking, irregular immigration, restoration of family ties, return and readmissionas well as protecting the victims of trafficking, restoring their family ties and ensuring the respect of their rights, in the context of the regular dialogues conducted between the European Union and these States and the European External Action Service (EEAS);
Amendment 74 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that combating trafficking in human beings is a necessary first step, ascrucial, as often minors are particularly confronted with the risks of trafficking and exploitation, notably for sexual exploitation, and because action should also be taken in third countries to tackle the root causes of trafficking; Calls on Member States to properly implement the Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA and the EU Strategy towards the Eradication of Trafficking in Human Beings (2012-2016).
Amendment 86 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to devote specific headings to unaccompanied minors in the European Asylum and Migration Fund, particularly in the sections concerning asylum seekers, refugees, the external borders and return, and in the European Social Fund; Adequate long- term funding should be secured for programmes aiming at the identification of unaccompanied minors, adequate reception, protection, appointment of legal guardians, family tracing, resettlement and reintegration as well as for the training of border guards and authorities;
Amendment 98 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to draw up binding strategic guidelines for use by all Member States, which should draw inspiration from their best practices, take the form of common minimum standards and detail and to collect best practices in the field that address each stage in the process, from the arrival of a minor in European territory until an appropriate solution has been found for him/her;
Amendment 105 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to comply strictly and without fail with the fundamental obligation never to place a minor in detention; Deplores the fact that the Amended proposal for a Directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers did not ban the detention of unaccompanied minors asylum seekers and urges Member States to respect the exceptional circumstances benchmark set by the Directive.
Amendment 122 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Deplores the unsuitable and intrusive nature of the medical techniques used to ascertain age in some Member States; recommends that the Commission establish a common and recalls that medical examination should always be a measure of last resort; recommends a method for ascertaining age, consisting of a multidisciplinary assessment performed by independent, trained practitioners, and with minors always being given the benefit of the doubt; considers that it should be possible to appeal against the results of this assessment; welcomes the work of the European Asylum Support Office (EASO) on this subject, which should be taken as a basis for dealing with all minors; Recalls the fact that age assessment must be conducted in a scientific, safe, child and gender-sensitive and fair manner, avoiding any risk of violation of the physical integrity of the child; giving due respect to human dignity;
Amendment 137 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States, as soon as a minor arrives within their territory and until a lasting solution has been found, to appoint a person responsible for accompanying, assisting and representing him in all procedures; calls furthermore for this person to have specific training in the problems associated with unaccompanied minors and to act completely independently; calls on the Commission to establish common standarddraw up a collection of best practices concerning the mandate, functions, qualifications and, skills and training of this person;
Amendment 163 #
Motion for a resolution
Paragraph 16 – indent 4
Paragraph 16 – indent 4
– the right to health; – adequate health, material and psychological support should be provided to them; - immediate access to education, vocational training and socio-educational advice; - the right to leisure including the right to engage in play and recreational activities appropriate to their age;
Amendment 179 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the progress which has been made in asylum legislation; recalls, however, that unaccompanied minors should always be exempted from expedited procedures and from procedures at the borderurges Member States to always exempt unaccompanied minors from accelerated and border procedures; recalls also that the State responsible for an asylum application by an unaccompanied minor should always be the State of the most recent asylum application;
Amendment 194 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses firmly that the ultimate aim, once an unaccompanied minor has arrived in European territory, must be to seek an appropriate solution for him/her, which respects his/her best interests; recalls that efforts to achieve this must always begin with an examination of the possibilities of family reunification;