[ParlTrack]

Auke ZIJLSTRA, Giancarlo SCOTTÀ, Nicolas BAY, Gilles LEBRETON

Motion for a resolution
Recital A

A. whereas the FRA report entitled ‘Violence against women: an EU-wide survey’, published in March 2014, ~~shows that~~didn’t research one of the root causes of violence against women nerelateds to be tackled in all EU Member States, including those which have not yet ratified the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention)religion or ideology such as Islam and need to be tackled in all EU Member States, given the extent of the problem, the severe consequences of violence and the impact it has on ~~women’s~~EU-citizens’ lives as well as on society as a whole;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Recital B a (new)

Ba. whereas freedom of speech and freedom of expression are the cornerstones of our societies and should remain protected at all cost;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Recital C

C. whereas in democratic societies, freedom of assembly is one of the instruments by which people can participate in the public debate ~~and bring about social change~~; whereas media freedom, pluralism and independence are crucial components of the right to freedom of expression and are vital to the democratic functioning of the ~~EU and its~~ Member States; whereas journalists and other media actors in the EU face multiple attacks, threats and pressures from state and non-state actors causing possible self- censorship;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Recital D

D. whereas Article 21 (1) of the Charter of Fundamental Rights of the European Union states that any discrimination based on grounds such as sex, race, colour, ethnic or social origin, genetic features, languages or membership of a national minority shall be prohibited; whereas migrants, descendants of migrants and members of minority ethnic groups continue to face widespread discrimination across the EU and in all areas of life; whereas, in spite of numerous calls on the Commission, only limited steps have been taken to ensure the effective protection of minorities; whereas persistent racist and xenophobic attitudes are embraced by opinion leaders and politicians across the EU, fostering a social climate that provides fertile ground for racism, discrimination and hate crimes;deleted

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Harald VILIMSKY, Giancarlo SCOTTÀ

Motion for a resolution
Recital D a (new)

D a. whereas Article 10 of the European Convention on Human Rights provides the right to freedom of expression and information, which includes the right of freedom to hold opinions, and to receive and impart information and ideas;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Harald VILIMSKY, Giancarlo SCOTTÀ

Motion for a resolution
Recital D b (new)

Db. whereas discrimination on grounds of gender is in violation with article 19 TFEU;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ, Harald VILIMSKY

Motion for a resolution
Recital F

F. whereas the arrival in Europe of illegal migrants and asylum seekers continued in 2017; whereas this reality requires real EU solidarity to put in place adequate reception structures for those most in need and most vulnerable; whereas many migrants place their lives in the hands of smugglers and criminals and are vulnerable to violations of their rights, including violence, abuse and exploitation; whereas women and children are at higher risk of being trafficked and sexually abused at the hands of traffickers and there is therefore a need to build and strengthen child protection systems to prevent and respond to violence, abuse, neglect and the exploitation of children, in line with the commitments set out in the Valletta Action Plan are due to the open border policy and Schengen, while many Member States want to be sovereign and in control of their borders as has been proven by reinforced border controls in many Member States and election results in Italy, Hungary, Austria and Bavaria;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Recital G

~~G. whereas the FRA has become a centre of excellence in providing fundamental rights evidence to the EU institutions and Member States;~~deleted

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 1

1. Notes with concern that ~~the 2017 FRA paper entitled ‘Challenges to women’s human rights in the EU’ confirms that~~ women and girls experience persistent ~~gender~~ discrimination, sexist hate speech, ~~and gender~~religious-based violence and intimidation in the EU, which severely limits their ability to enjoy their rights and to participate on an equal footing in society;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ, Harald VILIMSKY

Motion for a resolution
Paragraph 2

2. Calls in this regard on EU Member States to consider six main areas of intervention to step up their commitment to safeguarding the dignity and rights of women and girls, as suggested in the FRA report: empowering equality bodies to deal with the entire range of issues that impacts on women’s rights, from gender equality to violence against women; improving safety online; promoting gender equality in education and life-long learning more effectively; introducing gender quotas as a bold step towards positive action; mainstreaming gender equality in the coordination of economic policies across the EU through the European Semester; improving data collection and dissemination of knowledge on all forms of discrimination and violence against women and girls;deleted

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Harald VILIMSKY, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 2 a (new)

2a. Reminds that discrimination on grounds of gender is in violation with article 19 TFEU;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 3

3. ~~Welcomes the signing of the EU’s accession to~~Regrets that the Istanbul Convention signed on 13 June 2017, despite the limitation to only two mandates; regrets that, to date, only 19 Member States have ratified the Convention and calls on the remaining Member States to do so without delay; recognises that when it comes to determining European standards for the protection of women against violence, the Istanbul Convention is the most important point of reference; calls on the Council to swiftly agree on the Code of Conduct, which will govern the implementation of the Convention by the EUoes not include religious-based induced violence;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Harald VILIMSKY, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 4

4. Expresses concern about the risk of misogyny in European societies and its impact on women’s fundamental rights in all spheres of life; ~~calls on~~welcomes Member States to address the key obstacles to gender equality in economic empowerment and political participation, including sexual harassment which hampers women’s full participation in the labour market; highlights the fact that gender stereotypes must be tackled from an early age to effectively address the under- representation of women in work, decision making and politics; calls on Member States to appropriately address this issue in school curricula;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 5

5. Encourages EU Member States to take effective steps to respect and protect women’s sexual and reproductive rights, including a range of civil, political, economic, social and cultural rights, including the rights to life, to health, to be free from torture and ill-treatment, to privacy, equality and non-discrimination; recalls that Member States have the obligation, under international human rights law, to provide all women with accessible, affordable, good quality sexual and reproductive healthcare and services; notes that this should include the elimination of laws, policies and practices that infringe upon these rights as well as the prevention of the erosion of existing protections;deleted

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 6 a (new)

6a. Welcomes Member States to take adequate measures to safeguard and promote a pluralist, independent and free media landscape in the service of democratic society, including the independence and sustainability of the media, which are crucial elements of a favourable environment for freedom of expression;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 7

7. Stresses that public deliberation and debate are the lifeblood of a healthy and functioning democracy and encourages, in this context, ~~the EU and~~ the Member States to take further steps to safeguards and protect freedom of speech and assembly as basic principles of democratic processes; strongly condemns in this regard the increasing restrictions on freedom of assembly, which the authorities have enforced in some cases with violence against protesters; reaffirms the crucial role of these fundamental freedoms in the functiassembly and freedom of speech including the right to publish all opinions in (onlin~~g of democratic societies and calls on the Commission to take an active role in promoting these rights in line with international human rights standard~~e)media as basic principles of democratic processes;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Harald VILIMSKY, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 7 a (new)

7a. Reminds the EU institutions that all citizens have a guaranteed right to freedom of speech; calls on the EU institutions to respect this right of EU citizens to freedom of speech in all their decisions, actions and policies, as a means to thoroughly uphold media pluralism and media freedom;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 8

8. Expresses its concern that few specific legal provisions to ensure the protection of media actors from violence, threats and pressures can be identified at national level in EU Member States; expresses its concern over the precarious working conditions for journalists including non-paid reporters, bloggers or columnists and the amount of psychological violence they witness, which compromises their ability to work appropriately and th~~us hampers media freedo~~erefore could threaten media freedom and media pluralism;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 9

9. ~~Underlines the fact~~Notes that whistle- blowing is an ~~essential~~ element in investigative journalism and press freedom, and ~~in this context recalls its resolution of 24 October 2017 on legitimate measur~~therefore welcomes Member States to have protection for whistle-blowers ~~acting in the public interest when disclosing the confidential information of companies and public bodies3; __________________ 3~~in national law accordingly; __________________ 3 Texts adopted, P8_TA(2017)0402. Texts adopted, P8_TA(2017)0402.

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ, Harald VILIMSKY

Motion for a resolution
Paragraph 11 a (new)

11a. Welcomes initiatives of Member States to create and maintain, in law and in practice, a safe and secure environment for journalists and other media actors, enabling them to perform their work in full independence and without undue interference – such as the threat of violence, harassment, financial, economic and political pressure, pressure to disclose confidential sources and materials, targeted surveillance, and the opinion of the ‘EU versus disinformation’;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Harald VILIMSKY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 12

12. Points out that all EU Member States should address adequately discriminatory or violent reactions against the schooling of migrant and refugee children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address respect for diversity, intercultural understanding and human rights, including children’s rights, in regular school curricuhave laws against aggression in national law;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 13

13. Calls on the Member States to make efforts to systematically record, collect and publish annually comparable data on ethnic discrimination and hate crime in order to enable them and other key stakeholders to develop effective, evidence-based legal and policy responses to these phenomena; recalls that any data should be collected in accordance with national legal frameworks and EU data protection legislation;deleted

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Harald VILIMSKY, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 14

14. Calls on the Member States to continue their efforts to ensure the effective practical enforcement of the Race Equality Directive (2000/43/EC)4 and to ensure effective enforcement of the Framework Decision on Racism and Xenophobia to tackle persisting discrimination against Roma, anti- Semitism, Islamophobia, Afrophobia and anti-Gypsyism; points out that the Member States should review their national integration strategies to ensure that all people regardless of race, ethnicity, religion gender or any other status are empowered to engage actively in the process of inclusion by promoting their social, economic, political and cultural participation in society; __________________ 4deleted OJ L 180, 19.7.2000, p. 22.

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 17

17. Recalls that the rule of law is part of and a prerequisite for the protection of all values listed in Article 2 of the TEU; calls on all relevant actors at national level, including governments, parliaments and the judiciary to step up efforts to uphold and reinforce the rule of law; recalls that these actors have the responsibility to address rule of law concerns and that they play an important role in preventing any erosion of the rule of law, which is not a blind application of law but our democratic acceptance of being ruled by law;deleted

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ, Harald VILIMSKY

Motion for a resolution
Paragraph 18

18. Recalls that the Commission, as guardian of the Treaties, has the legitimacy and authority to ensure that all Member States are upholding the principles of the rule of law and the other values referred to in Article 2 of the TEU; insists that Article 7 of the TEU should be employed if all other remedies have failed;deleted

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 19

19. Recalls Parliament’s resolution with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights5 , adopted on 10 October 2016; reiterates its call on the Commission to submit, on the basis of Article 295 of the TFEU, a proposal for the conclusion of a Union Pact for democracy, the rule of law and fundamental rights (EU Pact for DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation between the Union institutions and the Member States in the framework of Article 7 of the TEU; __________________ 5deleted OJ C 215, 19.6.2018, p. 162.

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 20

20. Shares the view that any rule of law assessment should be based on solid, objective and comparable data and analysis; Welcomes in this regard the FRA’s new European Union Fundamental Rights Information System (EFRIS), which will bring together all existing information relevant to fundamental rights delivered under the different mechanisms at UN, Council of Europe and EU level;deleted

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ, Harald VILIMSKY

Motion for a resolution
Paragraph 21

21. Points out that improving the quality, independence and efficiency of national justice systems, in particular judges, prosecutors and lawyers, remains a key priority of the European Union; stresses that there is an urgent need to introduce a gender-sensitive perspective into the Member States’ legal and judicial systems, including the development and institutionalisation of the gender component into training programmes for all judiciary staffremains part of the sovereignty of Member States;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Harald VILIMSKY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 22

22. Expresses concern about persistent fundamental rights challenges in the area of migration, with regard to access to territory, reception conditions, asylum procedures, immigration detention and protection of unaccompanied children;deleted

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 23

23. Calls on Member States to introduce specific safeguards to guarantee that the interoperability of large-scale IT systems does not lead to adverse effects on the rights of children or vulnerable persons, such as applicants for and beneficiaries of international protection, or to discriminatory profiling; calls on Member States to ensure that the implementation of interoperability aims at fulfilling a child protection objective, such as identifying missing children and assisting family reunification;deleted

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Harald VILIMSKY, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 26

26. Recognises the work carried out by different NGOs operating in the Mediterranean in their effort to save lives and provide humanitarian assistance to those in need; calls on Member States to transpose the humanitarian assistance exemption provided for in the Facilitation Directive with the objective of reducing the unintended consequences the Facilitators’ Package has for citizens providing humanitarian assistance to migrants and on the social cohesion of the receiving society;deleted

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Harald VILIMSKY, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 26 a (new)

26a. Whereas the collusion between some NGOs and smuggler networks have been documented, encouraging illegal migration toward Member States;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Harald VILIMSKY, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 26 b (new)

26b. Stresses the urgent need to restore internal border controls;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ, Harald VILIMSKY

Motion for a resolution
Paragraph 26 c (new)

26c. Is of the opinion that also NGO's should completely obey the law;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ, Harald VILIMSKY

Motion for a resolution
Paragraph 27 a (new)

27a. Points out that renaming 'illegal migrants' as 'irregular migrants' does not make the act of crossing borders legal;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Harald VILIMSKY, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 27 b (new)

27b. Is of the opinion that family reunification is a threat to order, security, culture preservation and national identity, without complete acceptance of the norms and values of the host country;

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ, Harald VILIMSKY

Motion for a resolution
Subheading 6

~~Role and mandate of the FRA~~deleted

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Harald VILIMSKY, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 28

~~28. Welcomes the positive findings of the FRA’s second independent external evaluation for the period 2013 to 2017 (October 2017) and the pursuant recommendations from the FRA’s Management Board;~~deleted

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Giancarlo SCOTTÀ, Harald VILIMSKY

Motion for a resolution
Paragraph 29

29. Reiterates the European Parliament’s calls for alignment of the FRA’s mandate with the Lisbon Treaty, including by making ‘explicit’ that the Founding Regulation covers police and judicial cooperation;deleted

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Harald VILIMSKY, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 30

30. Welcomes the opinions of the FRA on draft EU legislation and agrees with the recommendation of its Management Board that ‘[w]here the EU legislator deals with legislative files that raise fundamental rights questions, the Agency should be able to provide its assistance and expertise where and when it is needed and not only when it is formally requested. Therefore, in order to make full use of the Agency’s expertise in the legislative process, the Founding Regulation should allow the Agency to deliver non-binding opinions on draft EU legislation on its own initiative’;deleted

2018/10/05
Committee: LIBE

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON, Harald VILIMSKY, Giancarlo SCOTTÀ

Motion for a resolution
Paragraph 31

~~31. Recommends that EU legislators requests independent and external human rights advice from the FRA whenever a legislative file raises serious fundamental rights concerns;~~deleted

2018/10/05
Committee: LIBE

41 Amendments of Giancarlo SCOTTÀ related to 2018/2103(INI)

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