Activities of Antonyia PARVANOVA related to 2010/0065(COD)
Plenary speeches (1)
Trafficking in human beings (debate)
Amendments (13)
Amendment 54 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Trafficking in human beings is a crime where the exploitation of an individual is the central aspect and where a combination of three elements (action, means, purpose) has to apply in order for the crime to be constituted.
Amendment 64 #
Proposal for a directive
Recital 5
Recital 5
(5) In order to tackle recent developments in the phenomenon of trafficking in human beings, this Directive adopts a broader concept of what should be considered trafficking in human beings than under Framework Decision 2002/629/JHA and therefore includes additional forms of exploitation. Within the context of this Directive, forced begging should be understood as a form of forced labour or service as defined in the ILO Convention No. 29 concerning Forced or Compulsory Labour of 29 June 1930. Therefore, exploitation of begging falls within the scope of the definition of trafficking in human beings only when all the elements of forced labour or services occur. In the light of the relevant case-law, the validity of the eventual consent to perform such a service should be evaluated case by case. However, when a child is concerned, the eventual consent should never be considered valid. The term “exploitation of criminal activities” should be understood as exploitation of a person to commit, inter alia, pick-pocketing, shop-lifting and other similar activities which are subject to penalties and imply financial gain. The definition also covers trafficking in human beings for the purpose of illegal adoption of children and unborn children, of the removal of organs, which can be linked with organ trafficking and constitutes a serious violation of human dignity and physical integrity.
Amendment 68 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) For effective prevention, protection and prosecution, it is necessary to distinguish between trafficking in human beings for the purpose of organ removal which can only be committed if organs are removed from living donors and trafficking in organs, tissues and cells. A targeted approach to the two problems should be developed and implemented by the Commission and Europol which should as a priority improve monitoring of both cases of organ trafficking.
Amendment 92 #
Proposal for a directive
Recital 14
Recital 14
(14) In addition to measures available to all victims of trafficking in human beings, Member States should ensure that specific assistance, support and protective measures are available to child victims. These measures should be provided in the best interests of the child and in accordance with the UN Convention on the Rights of the Child. Where the age of a person subject to trafficking is uncertain, and there are reasons to believe he/she is below the age of 18 years, that person should be presumed to be a child and receive immediate assistance, support and protection. Assistance and support measures for child victims should focus on their physical and psycho-social recovery and on a durable solution for the person in question. As the child victim should be reintegrated into society and into normal life within their natural family or adoption family as soon as possible, this will by necessity include a right to access to education. Given that child victims of trafficking are particularly vulnerable, additional protective measures should be available to protect them during interviews forming part of criminal investigations and proceedings.
Amendment 96 #
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. 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 shall take measures to ensure that clear and comprehensive guidance for social services, health, education, immigration and law enforcement to persons who have been victims of human trafficking is provided.
Amendment 114 #
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably equality between women and men, human dignity, prohibition of slavery, forced labour and trafficking in human beings, prohibition of torture and inhuman or degrading treatment or punishment, the rights of the child, the right to liberty and security, freedom of expression and information, protection of personal data, the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties. In particular, this Directive seeks to ensure full respect for these rights and principles and has to be implemented accordingly.
Amendment 116 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States shall take the necessary measures to ensure that the following intentional acts are punishable: The recruitment, transportation, transfer, harbouring or receipt of persons, including children, pregnant women and their unborn children by exchange or transfer of control over that person, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
Amendment 118 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs, or the sale of children and unborn children for illegal adoption.
Amendment 121 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs. , cells, tissues and body parts.
Amendment 160 #
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 those providing services to victims of trafficking, male violence against women and different forms of exploitation.
Amendment 180 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Child victims of trafficking in human beings shall be provided with assistance, support and protection, taking into account the best interests of the child and respecting international human rights standards.
Amendment 184 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Member States shall take the necessary measures to ensure that special assistance and support is provided to children who are victims of illegal adoption.
Amendment 223 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall take the necessary measures to establish National Rapporteurs or equivalent mechanisms. The tasks of such mechanisms shall include the carrying out of assessments on trafficking in human beings trends, the measuring and monitoring of results of anti-trafficking actions and reporting to the relevant national and EU authorities.