Activities of Marie-Christine VERGIAT related to 2013/2078(INI)
Plenary speeches (1)
Fundamental rights in the European Union (2012) (debate)
Shadow reports (1)
REPORT on the situation of fundamental rights in the European Union (2012) PDF (395 KB) DOC (229 KB)
Amendments (75)
Amendment 1 #
Motion for a resolution
Citation 2
Citation 2
– having regard in particular to Article 2, Article 3(3), second indent, and Articles 6 and 7 of the Treaty on European Union, as well as to Articles related to the respect, promotion and protection of fundamental rights in the EU, both in the TEU and in the TFEU,
Amendment 14 #
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
– having regard to the joint report by the FRA, the UNDP, the World Bank and the European Commission entitled ‘The situation of Roma in 11 EU Member States – Survey results at a glance’, published in May 2012;
Amendment 15 #
Motion for a resolution
Citation 23 b (new)
Citation 23 b (new)
– having regard to the report by the UN special rapporteur on the human rights of migrants, published in April 2013, on ‘Management of the external borders of the European Union and its impact on the human rights of migrants’,
Amendment 30 #
Motion for a resolution
Citation 38 a (new)
Citation 38 a (new)
– having regard to its resolution of 11 September 2012 on alleged transportation and illegal detention of prisoners in European countries by the CIA: follow-up of the European Parliament TDIP Committee report (P7_TA(2012)0309) and its follow-up resolution of 10 October 2013 (P7_TA(2013)0418,
Amendment 35 #
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas European integration also arose, in part, to prevent a recurrence of the tragic consequences of the Second World War and the persecution and repression by the Nazi regime, which also gave rise to the UDHR, in order to anchor the European states to democracy and the rule of law and to respect, protect and promote human rights and avoid a return to any kind of authoritarian regime;
Amendment 37 #
Motion for a resolution
Recital -A c (new)
Recital -A c (new)
-Ac. whereas respect for and promotion of human rights, fundamental freedoms, democracy and the values and principles enshrined in the EU treaties and international human rights instruments (UDHR, ECHR, ICCPR, ICESCR, etc.) must be at the centre of European integration; whereas these rights must be guaranteed to everyone living in the European Union, and also cover abuse and violence carried out by authorities at all levels;
Amendment 39 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, with the entry into force of the Treaty of Lisbon, the Charter has transformed values and principles into tangible and enforceable rights and whereas, having the same value as the Treaty of Lisbon, it has become legally binding on the institutions, bodies and agencies of the EU, as well as the Member States when implementing EU law;
Amendment 40 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas a genuine culture of fundamental rights must be developed, promoted and reinforced in the institutions of the Union but also in Member States, especially in applying and implementing Union law, both internally and in relations with third countries; whereas the implementation of these values and principles must also be based on effective monitoring of respect for the fundamental rights guaranteed in the Charter, for example when legislative proposals are being drawn up; whereas other considerations may not take precedence over respecting and guaranteeing those fundamental rights, since this would risk discrediting the role and image of the European Union regarding human rights, particularly in its relations with third countries;
Amendment 63 #
Motion for a resolution
Recital F
Recital F
F. whereas any decision on the matter should guarantee, as soon as possible, the proper application of Articles 2, 6 and 7 of the EU Treaty and ensure that every decision is taken on the basis of objective criteria and an objective evaluation, in order to address criticisms of a lack of indicators and evaluation criteria, of differential treatment and of political bias;
Amendment 66 #
Motion for a resolution
Recital G
Recital G
G. whereas an ever increasing numberous of fundamental rights violations are still occurring in the European Union and in the Member States, as evidenced for example by the judgments of the European Court of Human Rights and as detailed in (annual and special) reports by the Commission, NGOs and the Council of Europe, in UN documents, etc.; whereas the responses of the Commission, Council and Member States are falling short of what is required, given the gravity of these recurrent violations;
Amendment 69 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 71 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that as a political, historical and ethical project, the European Union endeavours to bring together countries which share and together promote common European values, such as those laid down in Article 2 of the EU Treaty and in the Charter of Fundamental Rights, includingas well as the ECHR, including respect for human dignity, democracy, the rule of law, fundamental rights, equality, freedom and protection of minorities, measures to combat all forms of discrimination, which are closely linked and are mutual preconditions, and believes therefore that a fundamental pillar of the European identity is, and must be, respect for the internal and external promotion of these European valueshuman rights, fundamental freedoms and democracy;
Amendment 76 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the contradiction between the European values enshrined in Article 2 TEU and European economic policies eroding economic and social rights, for example as a result of growing unemployment, inequality, dire poverty, increasing lack of job security, particularly for the less skilled and the vulnerable; recalls that employment, workplace and welfare entitlements and measures to improve living conditions and wellbeing are among the principles and values on which the European Union was founded;
Amendment 85 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that it is essential for the European Union and the Member States to guarantee respect for the common European values set out in Article 2 of the EU Treaty, that all the instruments currently provided for in the treaties in this regard urgently need to be applied and implemented, and that where necessary amendments to the treaties should be prepared; regrets the length of time being taken by ECHR accession negotiations and the fact that EU accession to the ECHR has not already been ratified;
Amendment 90 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Condemns the worrying trends with regard to breaches of human rights within the European Union, particularly in the fields of immigration and asylum, and with regard to discrimination and intolerance – especially affecting certain population groups (minorities and migrants) – security and terrorism, freedom of the press, freedom of movement within the Union and social and trade union rights; observes more and more frequently that Member States are adopting obstructive attitudes towards respect for these fundamental rights and freedoms, particularly with regard to Roma, women, LGBT people, asylum- seekers, migrants and other vulnerable population groups;
Amendment 92 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers that the general public are increasingly concerned about respect for fundamental rights and about their protection and promotion, as demonstrated by the mobilisation in relation to, and greater attention devoted to, cases of violations, abuses or inequalities, both in everyday life and in symbolic or well-known cases, thanks in part to the better circulation of information with the aid of new technologies, social networks and the media; recalls that any violation, abuse or inequality is detrimental to democracy and the rule of law, as well as to the confidence of citizens in institutions and their representatives, particularly political decision-makers; stresses that institutions and political decision-makers must note and support this democratic trend by establishing new procedures for dialogue with citizens and by enhancing scrutiny of State authorities by members of the public, parliaments, courts and the media, while those authorities must be more open and transparent in order to serve the interests of citizens better;
Amendment 93 #
Motion for a resolution
Paragraph 3 – point a
Paragraph 3 – point a
(a) complete the process of acceding to the European Convention on Human Rights and immediately put in place the necessary instruments to fully accomplish this obligation, which is enshrined the treaties, inter alia with a view to ensuring the application by the EU Member States of the judgments given by the European Court of Human Rights, particularly ‘pilot judgments’, and accede to the revised Social Charter as called for by the Council of Europe;
Amendment 97 #
Motion for a resolution
Paragraph 3 – point b
Paragraph 3 – point b
(b) ensure that the drafting and transposition of European law which affects and develops fundamental rights are strengthened and are correct, by following a rigorous policy of evaluation, monitoring and bringing violations before the Court of Justice of the European Union and notably in the areas where the EU has competence, such as anti-discrimination, equality, gender, disability, data protection, asylum and immigration;
Amendment 101 #
Motion for a resolution
Paragraph 3 – point d
Paragraph 3 – point d
(d) cooperate in a more systematic and coordinated fashion with the Council of Europe and other international institutions, particularly the UN Human Rights Council, based on their specialised expertise in order to avoid any duplication;
Amendment 105 #
Motion for a resolution
Paragraph 3 – point d a (new)
Paragraph 3 – point d a (new)
(da) render cooperation by international, national, regional and local actors more systematic and step up the role which can be played by regional and local authorities, together with associations for the promotion of human rights;
Amendment 109 #
Motion for a resolution
Paragraph 3 – point e
Paragraph 3 – point e
(e) establish a "new Copenhagen mechanism" to ensure that the fundamental rights and the values of the Union referred to in Article 2 of the EU Treaty and in the Charter of Fundamental Rights are respected, protected and promoted;
Amendment 116 #
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Stresses that this new mechanism could be activated immediately, on the basis of a Commission decision, with the full involvement of Parliament, and that it should:
Amendment 117 #
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Stresses that this "new Copenhagen mechanism" could be activated immediately, on the basis of a Commission decision, and that it should:
Amendment 119 #
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
(a) set indicators (FRA and Commission), in concert with NGOs working in the area of human rights and fundamental freedoms;
Amendment 120 #
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
(a) set indicators, on the basis of existing or already developed and recognised fundamental rights standards indicators developed for instance at UN and Council of Europe level (FRA and Commission);
Amendment 123 #
Motion for a resolution
Paragraph 4 – point b
Paragraph 4 – point b
(b) monitor the situation in the EU, as well as in the Member States (FRA, Commission, Council, European Parliament and national parliaments);
Amendment 126 #
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
(c) carry out objective and, comparative and regular assessments, for each of the fundamental right s and/or subject-areas and for each Member State individually, of all instruments relating to human rights, such as the ECHR, Council of Europe and UN documents, NGOs, etc. – while striving for a maximum of comparability -, also on the basis of the findings and recommendations issued by existing monitoring mechanisms of the Council of Europe, United Nations, and EU institutions and bodies, in addition to information submitted by civil society organisations (FRA reports, Commission annual reports, Parliament annual reports, Council annual reports) and on this basis issue recommendations;
Amendment 130 #
Motion for a resolution
Paragraph 4 – point d a (new)
Paragraph 4 – point d a (new)
(da) bring all existing data and analysis from national, European and international bodies together in order to make existing information relevant for the protection of fundamental rights, the rule of law, democracy and equality more accessible and visible;
Amendment 131 #
Motion for a resolution
Paragraph 4 – point d b (new)
Paragraph 4 – point d b (new)
(db) ensure that DG Justice and the FREMP working party in the Council work with the European Parliament's Committee on Civil Liberties to establish a regular structured dialogue between these institutions and civil society organisations on fundamental rights issues inside the EU
Amendment 139 #
Motion for a resolution
Paragraph 4 – point f
Paragraph 4 – point f
(f) incorporate an early-warning system, political and technical dialogue, letters of formal notice and a ‘freezing procedure’ - as already called for by Parliament, to ensure that Member States, at the request of EU institutions, suspend the adoption of laws that might disregard or breach fundamental rights or the EU legal order;
Amendment 145 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, in collaboration with the FRA, to adopt a decision establishing this "new Copenhagen mechanism", as it did for the monitoring of corruption in the EU and in the Member States, and to revise the rules of the Fundamental Rights Agency to give it enhanced powers and competences;
Amendment 147 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for the creation, preferably under an inter-institutional agreement, of a "Copenhagen commission" composed of independent high-level experts on fundamental rights, to be appointed also by the EP, whose aim shall be to ensure compliance by all Member States with the common values enshrined in Article 2 TEU, the continuity of the 'Copenhagen criteria' and advising and reporting in relation to fundamental rights matters, awaiting for the modification of the Regulation of the Fundamental Rights Agency to allow it to have a wider scope and stronger powers, as requested by the EP repeatedly;
Amendment 154 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to propose the announced amendments to the treaties with a view to strengthening fundamental rights and revising Article 7 ofWelcomes the statements made by the President of the Commission and by Vice- President Reding announcing a communication with possible changes to the EU Treaty, drawing on Article 121 of the Treaty on thies, in addition to the options available Functioning ofder the Ecuropean Union, the extension of the possibilities for redress and the powers of the Commission and the Court of Justice, a revision of the unanimity rule for amending the rules of the FRA and the deletion of Article 51 of the Charter; calls, also, for Article 7 of the EU Treaty to be substantially revised, with the addition ofrent Treaties, and calls on its competent Committees to examine the following proposals in detail, with a view to strengthening fundamental rights protection in the EU Treaties: - a revision of Article 7 of the EU Treaty, adding an ‘'application of Article 2 of the EU Treaty’' stage, separating the ‘'risk’' stage from the ‘'violation’' stage, with different thresholds for the majorities provided for, a strengthening of the technical and objective (not only political) analysis, enhanced dialogue with the Member States' institutions and a wider range of detailed and predictable penalties which are applicable throughout the procedure; calls for Parliament to be able to launch these procedures- drawing on Article 121 of the Treaty on the Functioning of the European Union to devise a stronger and detailed fundamental rights coordination and supervision mechanism; - the extension of the possibilities for redress and of the powers of the Commission and the Court of Justice; - a reference to the Fundamental Rights Agency in the treaties, including a legal base allowing to amend the Agency's founding regulation not by unanimity as is currently the case but via the ordinary legislative procedure; - the deletion of Article 51 of the Charter of Fundamental Rights of the European Union; - provide for Parliament the possibility to launch procedures on the violation of Article 2 TEU on an equal footing with the Commission and the Council; asksnd for the FRA to be able to contribute its necessary specialised support to the procedure; - review the requirement for unanimity in areas related to the respect, protection and promotion of fundamental rights, for instance in relation to equality and non- discrimination (for instance, Article 19 TFUE); Calls also its competent Committee to clarify the application of, and eventually review, the procedure related to the activation by the EP of Article 7 TEU;
Amendment 157 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Fundamental Rights Agency to create a public website collecting and pooling information and documents related to fundamental rights issues elaborated by the UN, the Council of Europe, OSCE, NGOs, FRA, the EP, Courts, national parliaments committees, ombudsmen, etc.; such information shall be retrievable by date, State, author and right, so to provide sources and information on the situation of fundamental rights in the EU and in its Member States;
Amendment 161 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its concern about thealarm at the persistence of instances of violation of human dignity which are still occurring in the Union and in certain Member States, whose victims particularly include minorities, asylum- seekers, migrants, people suspected of having links with terrorism and, people who are deprived of their freedom, as well as vulnerable groups and the poor, and is concerned at the continuing rise in poverty levels, the increasingly precarious lives which many people in the EU are having to lead, and the number of people living in extreme poverty; stresses that the public authorities must abide by the absolute prohibition on torture and inhuman or degrading treatment, carry out swift, effective, independent in-depth investigations into any breach and prosecute those responsible;
Amendment 167 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines the fact that unemployment, poverty or social marginalisation makes it much more difficult, if not practically impossible, for people to exercise the rights and freedoms enshrined in the Charter of Fundamental Rights of the European Union; points out that the rights and freedoms most under threat are: the right to human dignity (Article 1); occupational freedom and the right to work (Article 15); the right to non-discrimination (Article 21); protection in the event of unjustified dismissal (Article 30); the right to social security and social assistance (Article 34); the right to health care (Article 35); and freedom of movement and of residence (Article 45); highlights, furthermore, the fact that being unemployed, poor or socially marginalised can also make it more difficult for people to access basic, social, financial and other services;
Amendment 171 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses that systems which recognise social justice as an important principle which must be underpinned by robust legislation form the best buffer against the social consequences of the economic and financial crisis;
Amendment 178 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Expresses its concern about the numerous instances of ill-treatment by police forces, particularly in relation to the disproportionate use of force against peaceful participants and journalists in connection with demonstrations; , and about the singling out of, the keeping of files on, and the profiling of people from minority groups in particular; is alarmed at the increasing use of non-lethal weapons and military tactics during the monitoring of demonstrations; underlines that demonstrating is a constitutional right and that the primary role of the police forces is to guarantee people’s safety and protection, and calls on Member States not to take measures that would undermine, or criminalise, people’s exercise of their fundamental freedoms and rights, such as the rights to demonstrate and strike, the rights of assembly and association, and freedom of expression, and urges them to take measures to ensure that force is used only in exceptional cases duly justified by a real and serious threat to public order; calls on Member States to put an immediate end to police checks that are based on racial profiling;
Amendment 184 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that the climate of impunity as regards the CIA programme has made it possible for fundamental rights’ violations to continue under EU and US counter-terrorism policies, as emphasised by the revelations concerning the mass espionage activities carried out under the surveillance programme of the US National Security Agency and by intelligence bodies in various Member States, activities which are currently being considered by Parliament; calls for legislation concerning EU and Member State agencies in the security and intelligence field to be revised, with a particular focus on ex-ante judicial and parliamentary scrutiny, and the right to appeal and to rectify data collected, held or processed by these agencies;
Amendment 190 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that democracy and the rule of law are based on respect for fundamental rights and freedoms and that any action or measure against terrorism, or organised crime, and international cooperation with this aim, must not breach European fundamental rights standards but must strictly comply with them; expresses concern at the lack of democratic scrutiny and the insufficient protection of fundamental rights in the context of cross-border cooperation which is aimed at tackling organised crime and terrorism in the Union, in particular in the light of ever greater use by the police authorities of digital databases containing personal data; calls for measures to be taken to guarantee privacy and the protection of personal data;
Amendment 191 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that democracy and the rule of law are based on respect for fundamental rights and freedoms and that any action or measure against terrorism, or international cooperation with this aim, must not breach European fundamental rights standards but must strictly comply with them (presumption of innocence, due process, right of defence, protection of privacy and personal data, etc.);
Amendment 193 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Criticises the fact that the ISS focuses on security to the detriment of civil liberties, fundamental rights and the adoption of preventive measures; deplores the widening gulf between rhetoric and action, and between stated objectives and the way policies are actually implemented, in particular as regards the increasingly extensive collection of personal data for non-specific security purposes which has led to blatant violations of the right to privacy and the protection of personal data; believes that Parliament should play a decisive role in the evaluation and framing of internal security policies, given that they have serious consequences for the fundamental freedoms and rights of all persons residing in the Union, with a view to ensuring democratic monitoring and scrutiny of security policies, including intelligence activities, and, where necessary, the revision of those policies in order to safeguard human rights and fundamental freedoms;
Amendment 195 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Condemns the Commission's proposal regarding the smart borders project which would introduce, across the board, surveillance of the Union’s external borders by technological means, encourage the emergence of a Fortress Europe, undermine human dignity, by leading people to draw false parallels between immigration and crime, and violate people’s right to move freely, including to another country; condemns also the outsourcing by the Union of the work of carrying out its external border control policies, which has disastrous consequences for human rights, in particular the right to asylum and, more generally, the rights of migrants;
Amendment 198 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Expresses its concern about the revelations concerning the flagrant breach of the right to private life and protection of personal data committed in the secret programmes of mass surveillance of European citizens, without case-by-case judicial authorisation and without appropriate parliamentary control, established by European and non- European States;Condemns the practices involving mass internet and telecommunications surveillance, which have gone on without case-by-case judicial authorisation and without appropriate parliamentary control, as revealed by the NSA Prism scandal, in which European States are also implicated, and criticises the Union’s inability to enforce its own rules on the protection of its citizens or of third-country nationals living on its territory1; criticises Europe’s failure to react to the NSA espionage scandal; believes that this should lead the EU and its Member States to adopt a whistle-blower protection system and to consider favourably the asylum application submitted by Edward Snowden; __________________ 1 Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC.
Amendment 201 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that the rapid pace of change in the digital world (including increased use of the internet, applications and social networks) necessitates more effective protection of personal data and privacy in order to guarantee confidentiality; condemns the ratification by the Union of agreements for the transfer and exchange of personal data with third countries, including the TFTP and PNR agreements with the United States, which do not comply with the EU’s or the Council of the Europe’s personal data protection and privacy standards; believes that no agreement on personal data protection can be concluded without breaching European law, on account of major differences of approach between the Union and the US to this matter, calls therefore for the immediate annulment of any agreement on personal data protection and of any agreement concluded with third countries which contains provisions in this area;
Amendment 202 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Stresses that personal data protection provisions should uphold the principles of purpose, necessity and proportionality, including in the context of negotiations and the conclusion of international agreements; draws attention in that connection to the critical opinions issued by the EDPS, in particular regarding the evaluation report on Directive 2006/24/EC and internet neutrality, highlighting the implications of certain surveillance methods used by electronic services providers, and criticises the fact that the Commission has not taken these opinions into account in its proposals and decisions; condemns the fact that, according to the second report of the Europol Joint Supervisory Board (JSB), the TFTP agreement between the Union and the US has been implemented without regard for the already weak guarantees concerning personal data protection provided for in that agreement , in particular in Articles 2, 4 and 5;
Amendment 206 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the fact that a growing number of Member States are respecting the right to found a family through marriage, civil partnership or registered cohabitation and adoption, without discrimination on grounds of sexual orientation, and calls on the remaining Member States to do the same; welcomes the recent judgment by the European Court of Human Rights in the case of Vallianatos and others v. Greece affirming that same-sex couples must be able to enter into civil unions; calls on the Commission and all Member States to propose and adopt legislation and policies to combat homophobia, transphobia and hate crimes, and welcomes the publication of Opinion No 2/2013 of the FRA on the Framework Decision on Racism and Xenophobia - with special attention to the rights of victims of crime; calls on the Commission and all Member States to enforce the directive on freedom of movement without discrimination on grounds of sexual orientation; reiterates its calls for the Commission to draw up a European roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity, and to propose an ambitious regulation on the mutual recognition of the legal effects of civil status documents;
Amendment 212 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Is extremely concerned about the number of suicides among young people falling victims of homophobia; recalls the findings of the FRA's EU LGBT survey which showed that 26% of all respondents had been attacked or threatened with violence at home or elsewhere, a figure which rises to 35% among all transgender respondents, while 19% of respondents felt discriminated against at work or when looking for a job, despite legal protection under EU law; consequently calls on the Commission to use these findings as a basis for a comprehensive European response to the fundamental rights problems of LGBT persons, in the shape of an EU Roadmap for equality on grounds of sexual orientation and gender identity, as repeatedly called for by Parliament and NGOs;
Amendment 215 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recognises freedom of thought, conscience, religion, belief and non-belief, and freedom to practise the religion of one's choice and to change religion; condemns any form of discrimination or intolerance, and believes that secularism defined as the strict separation between political and religious authorities is the best means of guaranteeing non-discrimination and equality between religions and between believers and non-believers, whether they be atheists, agnostics, deists, etc.;
Amendment 216 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Regrets that legal gender recognition procedures for transgender people still include compulsory sterilisation in 14 Member States; calls on Member States to review these procedures so they fully respect transgender people's right to dignity and bodily integrity; congratulates the Commission for its commitment to work within the World Health Organisation to withdraw gender identity disorders from the list of mental and behavioural disorders and to ensure a non-pathologising reclassification in the negotiations on the 11th version of the International Classification of Diseases (ICD-11);
Amendment 219 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that freedom of expression, information and the media are fundamental with a view to ensuring democracy and the rule of law, and reiterates its call for the Commission to revise the audiovisual media services directive along the lines indicated by Parliament in its report on the subject; strongly condemns violence, pressure or threats against journalists and the media, including in relation to the disclosure of their sources and information about breaches of fundamental rights by governments and States;
Amendment 224 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses its concern about the numerous breaches of the right of asylum and of the obligation to extend protection in the event of removal, expulsion and extradition of any migrant; stresses the obligation to comply with international human rights conventions, particularly the Geneva Convention and the principle of non-refoulement, and the obligation to come to the assistance of people at sea who are risking their lives to reach the European Union, and to arrange for reception conditions and procedures which respect their dignity and fundamental rights; welcomes the adoption of the ‘'asylum’' package; deplores, however, the fact that minorschildren can still be placed in detention and calls for them to be systematically excluded from expedited procedures; calls for the establishment of common minimum standards for the reception and protection of unaccompanied minorschildren; welcomes the recent ECJ judgment stating that LGBT applicants for asylum can constitute a particular social group who may be persecuted on account of their sexual orientation and that the existence of a term of imprisonment in the country of origin sanctioning homosexual acts may constitute an act of persecution per se, provided that it is actually applied, while asylum seekers seeking protection from sexual orientation based persecution cannot be expected to "conceal [their] homosexuality in [their] country of origin or exercise restraint in expressing it";
Amendment 228 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. EStresses that the right to apply for asylum should be upheld at all times by Member States, and that, accordingly, any person fleeing a conflict zone or a country in which state infrastructure is practically non-existent, should be able to enter Union territory; expresses its concern about the numerous breaches of the right of asylum and of the obligation to extend protection in the event of removal, expulsion and extradition of any migrant; stresses the obligation to comply with international human rights conventions, particularly the Geneva Convention on the status of refugees and the principle of non-refoulement, and the obligation to come to the assistance of people at sea who are risking their lives to reach the European Union, in accordance with international law and Member State obligations, and to arrange for reception conditions and procedures which respect their dignity and fundamental rights; welcomnotes the adoption of the ‘asylum’ package; deplores, however, and criticises the fact that the common system which has been introduced at long last is in fact very limited in scope, given that certain procedural safeguards remain inadequate and that Member States still have significant leeway to use expedited procedures; deplores also the fact that minors can still be placed in detention and calls for them to be systematically excluded from expedited procedures; calls for the establishment of common minimum standards for the reception of unaccompanied minors;
Amendment 232 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 238 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Welcomes the handbook on European law relating to asylum, borders and immigration produced by the EU Fundamental Rights Agency together with the European Court of Human Rights as a concrete contribution assisting legal practitioners in Europe to uphold fundamental and human rights;
Amendment 239 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Considers it unacceptable in view of their international obligations and commitments that the European Union and its Member States have gradually adopted an increasingly repressive and security-minded approach in their asylum and immigration policy to regulating migration flows and controlling borders, including policy externalisation, to the detriment of the human rights and fundamental liberties of migrants and asylum seekers; condemns the fact that detention of migrants and asylum seekers has become systematic and is viewed as a normal and legitimate migration management policy tool;
Amendment 242 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Calls EU Member States and the Council to accelerate the works of the task force for the Mediterranean to ensure a significant expansion of rescue capacity at sea and to launch a comprehensive plan on migration and asylum, based on solidarity and responsibility sharing, focusing on all relevant aspects such as the revision of EU and Member States laws allowing the criminalization of humanitarian assistance to persons in distress at sea, the development of safe and legal routes for refugees and migrants to Europe as well as development, cooperation with third countries to strengthen democracy, fundamental rights and the rule of law to ensure that tragedies such as those of Lampedusa don't take place anymore;
Amendment 243 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Condemns the increasingly frequent violations of migrants fundamental rights, particularly where they are deported to non-EU countries as highlighted by the UN Special Rapporteur on the human rights of migrants in his special report published on 24 April 20131, and by the report of the European Union Agency for Fundamental Rights2; stresses in this regard the need for the Return Directive, the readmission agreements and the work of Frontex to be genuinely appraised in terms of their respect for fundamental rights; calls on the Commission to provide a tangible follow up to its 2011 report criticising the EU's readmission measures and agreements with non-EU countries; condemns the restrictive policies of Member States in regard to issuing visas to nationals of some specific non-EU countries, as well as the fact that the conclusion of agreements on hypothetical visa-liberalisation or of partnership agreements with non-EU countries is increasingly often conditional upon the conclusion of a readmission agreement; __________________ 1 Regional study: management of the external borders of the European Union and its impact on the human rights of migrants, Report of the Special Rapporteur on the human rights of migrants, François Crépeau, 24 April 2013, A/HRC/23/46 2 FRA report on Fundamental rights at Europe's southern sea borders, March 2013
Amendment 245 #
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
Amendment 249 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that the Union and Member States should step up their measures to promote equality, combat discrimination and protect cultural, religious and linguistic diversity, and their measures relating to gender equality, the rights of the child, the rights of older persons, the integration of people with disabilities and the rights of LGBT persons; deplores and considers it unacceptable that negotiations in Council on the Commission proposal for a horizontal directive extending the scope of protection against discrimination beyond the workplace are currently blocked and reiterates for the umpteenth time its call for the Council to adopt the Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation;
Amendment 252 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that the Union and Member States should step up their measures to promote equality, combat discrimination and protect cultural, religious and linguistic diversity, and their measures relating to gender equality, the rights of the child, the rights of older persons, the integration of people with disabilities and the rights of LGBT persons; reiterates for the umpteenth time its call for the Council to adopt the Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the FRA Opinion 1/2013 on the situation of equality in the European Union 10 years on from initial implementation of the equality directives in this regard;
Amendment 260 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Expresses its concern on the fact that persons with disabilities continue to face discrimination and exclusion, which hinders their ability to enjoy their fundamental rights on an equal basis with others; calls on EU institutions and EU Member States to continue implementation of the CRPD in their respective fields of competence; notes that the further development of EU law and policy in the area of non-discrimination could play a role in the process of harmonising legislation with the CRPD across the EU, for example in the area of legal capacity.
Amendment 264 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Expresses its concern about children who suffer violence and sexual exploitation and calls on the Member States to complete the transposition of the Directive on combating the sexual abuse and sexual exploitation of children and child pornography; calls on the Member States, the Commission and the FRA to continue their efforts to assess the way in which children are treated during judicial proceedings;
Amendment 276 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expresses its concern about the situation of the Roma in the European Union and the numerous instances of persecution, violence, stigmatisation, discrimination and expulsion, contrary to fundamental rights and European Union law; calls for more vigorous action to promote integration, particularly in the field of protection of fundamental rights, and calls for an end to illegal expulsion and urges politicians to bring to an end the racist and xenophobic language used in regard to the Roma; deplores the inadequacy and very many shortcomings of national Roma integration strategies and calls for the establishment of clear indicators and enhanced action by all Member States so that there are by 2015 at the latest tangible results on Roma integration, with them suffering less discrimination and less poverty; calls for more vigorous action by the EU and Member States to bring to an end their social exclusion and to facilitate their integration; calls for an end to camps being broken up without alternative housing being provided, to expulsions to other Member States or non-EU countries and to segregation of Roma children in schools;
Amendment 292 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Condemns racist, anti-Semitic, homophobic/transphobic and xenophobic violence and violence against migrants, which have reached alarming levels in certain Member States, in the absence of strong action by the authorities to combat these types of violence; calls for the revision of the Framework Decision 2008/913/JHA on Racism and Xenophobia to cover also hate speech and acts of anti-Semitism, Islamophobia and religious intolerance, anti‑ Gypsyism, homophobia and transphobia, and strengthen its application; fully supports the initiative launched under Irish Presidency to strengthen the fight against intolerance and calls the Council to continue such constructive work; calls the Commission and EU Member States to launch a coordinated and comprehensive action to combat and prevent hate crime systematically in the EU and to make hate crime visible through data, which should be made comparable to allow for an EU overview of the situation, by working together with FRA to improve hate crime data collection and harmonisation of data;
Amendment 296 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Condemns racist, anti-Semitic, homophobic and xenophobic violence and violence against migrantsgainst, in particular, migrants and all those in a similar situation, which haves reached alarming levels in certain Member States, in the absence of strong action by the authorities when not encouraged by condemnatory statements by politicians; condemns in the strongest terms hate speech stigmatising groups of people on account of their social, cultural, religious or foreign origins and incitement to racial hatred, notably the comments attacking the Italian Minister for Integration and the French Justice Minister, and calls on Member States to prosecute all those uttering such remarks;
Amendment 302 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Member States to adopt policies encouraging legal migration and to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families;
Amendment 305 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on Member States to ensure equality between women and men and to combat all forms of violence against women; calls on all the Member States to sign and ratify the Convention of the Council of Europe on this subject; asks the European Commission to bring forward a European strategy on combating violence against women which would follow on from its previous commitments in this field and would meet the many demands made by the European Parliament;
Amendment 316 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that the financial and economic crisis and the measures taken to tackle it have had a greater impact on the poorest and most deprived sections of the population, in some casesand most particularly the Roma, immigrants and people from an immigrant background, often affecting them very seriously, and calls for particular attention and appropriate, more incisive measures to remedy this situation; condemns remarks by politicians which aim to make scapegoats of these groups;
Amendment 322 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for stronger action to help homeless persons and provide them with shelter and support, condemns laws and policies at national or local level criminalizing those persons, who are more in need, as this amounts to a striking and inhumane violation of fundamental rights,
Amendment 323 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Is concerned by how the repercussions of the economic and financial crisis and the measures chosen to try to tackle this are producing rising levels of inequality and more widespread poverty; stresses that poor living conditions affect women, children and the elderly in particular and lead to a great many violations of fundamental rights;
Amendment 338 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls that citizenship implies the right of every person to participate in the public affairs of their country of residence under Article 21 of the UDHR; recalls that European citizenship is not limited to the right to vote and stand for municipal and European elections, nor to the exercise of their rights, however essential they may be, as regards freedom of movement and residence; stresses therefore that European citizenship implies the ability of each resident in the territory of the Union to participate actively and without discrimination of any kind in the democratic, political, social and cultural life of the Member State in which he or she resides and to exercise all the fundamental political, civil, economic, cultural and social rights and freedoms recognised by the European Union;
Amendment 361 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the FRA to conduct a study in collaboration with the UN Special Rapporteur concerned on laws on terrorism and their compliance with fundamental rights; rejects all and any special proposals intended to create an imbalance in the positions of the prosecution and the defence in proceedings and to introduce secret hearings into judicial proceedings; notes and deplores the fact that policies on combating terrorism are being gradually extended to a growing number of crimes and offences, giving rise in particular to an increase in the number of summary judicial proceedings and of minimum sentences that must be served in full, and in the information being recorded on the population;
Amendment 363 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Welcomes the FRA report on access to justice in cases of discrimination in the EU and stresses that accessing justice often is complicated and cumbersome; believes that improvements could include facilitated procedures, and enhanced support to those seeking justice;
Amendment 364 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes the roadmap issued by the Commission with regard to civil justice, and calls for it to be developed so as also to cover, commercial and administrative justice; stresses the fact that the sole objective in improving the functioning of justice systems cannot be to make a country a more attractive place to invest and do business, with the efficiency of judicial proceedings being targeted chiefly, but that safeguarding the right to a fair trial and respect for fundamental rights needs likewise to be an objective; calls for a study on its extension to criminal justice; stresses that it shouldhas to be incorporated into the new procedure which also extends to democracy, the rule of law, fundamental rights and equality, in the European policy cycle on the application of Article 2 of the Treaty on European Union;