Activities of Ulrike LUNACEK related to 2013/2115(INI)
Shadow reports (1)
REPORT on undocumented women migrants in the European Union PDF (204 KB) DOC (105 KB)
Amendments (20)
Amendment 3 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
4a. having regard to the UN General Assembly "Violence against women migrant workers; Report to the Secretary- General of 23 July 2012,
Amendment 4 #
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
4b. having regard to the 1979 UN Convention on the Elimination of ALL Forms of Discrimination against Women (CEDAW),
Amendment 5 #
Motion for a resolution
Citation 4 c (new)
Citation 4 c (new)
4c. having regard to the UN Committee on Migrant Workers General Comment No 2 on the Rights of Migrant Workers in an Irregular Situation and Members of their Families,
Amendment 8 #
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
16a. having regard to the European Agency for Fundamental Rights 2011 comparative report on "Fundamental Rights of Migrants in an irregular Situation in the European Union",
Amendment 9 #
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
16b. having regard to European Union Agency for Fundament Rights 2012 guidelines on "Apprehension of migrants in an irregular situation -fundamental rights considerations",
Amendment 11 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the consequences for undocumented migrants of hardening access to European borders backed up by criminal sanctions, has been strongly questioned by politicians, independent human rights experts, NGOs and international organizations;
Amendment 21 #
Motion for a resolution
Recital H
Recital H
H. whereas access to the most basic healthcare services, such as emergency care, is severely limited, if not impossible, for undocumented migrants on account of the identification requirement, the high price of treatment and the fear of being detected and reported to the authorities; whereas undocumented women migrants are especially at risk, since they are not provided with gender-specific care such as antenatal, natal and postnatal services; whereas some undocumented migrants are not even aware of their health entitlements in the host country of destination;
Amendment 25 #
Motion for a resolution
Recital K
Recital K
K. whereas the increased demand for workers in the domestic and care sectors is attracting a large number of women migrants, many of whom arbecome undocumented due to inflexible and restrictive visa and residence regimes; whereas the undocumented women working in this sector are most vulnerable to low pay, mental abuse, withholding of wages and passports and sometimes even physical or sexual abuse at the hands of their employers; whereas undocumented women face significant barriers are unlikely to seek redress in court;
Amendment 28 #
Motion for a resolution
Recital M
Recital M
M. whereas undocumented women migrants are especially vulnerable to physical and mental and sexual abuse at the time of arrest and in detention centres;
Amendment 29 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the need to protect the fundamental rights of undocumented migrants has been repeatedly underlined by international organisations such as the Parliamentary Assembly of the Council of Europe, and in UN international human rights instruments and EU law, refers in this context to the Council of Europe Convention on preventing and combating violence against women which includes the prohibition of discrimination based on sexual orientation, gender identity, migrant or refugee or other status;
Amendment 32 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that lesbian, bi- and transsexual immigrants without legal documents are the victims of double discrimination and their fragile condition as a foreigner without papers adds to their complicated situation;
Amendment 41 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Encourages the Member States to uncoupledelink health policies from immigration policiescontrol and therefore to refrain from imposing on healthcare practitioners the duty to report undocumented migrants; similarly, encourages the Member States to refrain from requiring schools to report attending children of undocumented migrants;
Amendment 44 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the right to health is a fundamental human right and key to the realisation of other rights, underlines that human rights are universal and are thus applied equally and without discrimination to all people and on these grounds to undocumented migrant women;
Amendment 46 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the rights set out in the Victims Directive are not conditional on the victim's residence status1; strongly encourages the Member States, therefore, to uncoupledelink the prosecution of violence against undocumented women migrants from immigration control so that victims can safely report crimes; __________________ 1 Recital 10 of Directive 2012/29/EU of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime.
Amendment 48 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to ensure the correct implementation of the safeguard contained in Article 6 of the Employer Sanctions Directive, which requires the Member States to make available mechanisms enabling undocumented migrant workers to lodge claims against an employer for any remuneration due; calls on the European Commission, the Member States, NGOs and all other civil society organisations working with undocumented migrants to run awareness campaigns informing undocumented migrants of this right;
Amendment 51 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on Member States to ratify the UN Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, recognising the human rights of migrant workers and promoting their access to justice as well as to human and lawful working and living conditions;
Amendment 54 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on Member States to effectively implement the UN Committee on Migrant Workers General Comment No.2 on the Rights of Migrant workers in an Irregular Situation and members of their Families, particularly in relation to ensuring protection from violence and exploitation for women undocumented workers;
Amendment 58 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that in accordance with the Returns Directive, Member States are under an obligation to treat third-country nationals in detention centres in a ‘humane and dignified manner’ which fully respects the detainees' basic human rights; calls, therefore, on the Member States to investigate any claims of physical abuse directed at detainees, and considering guidance from the Committee on the Rights of the Child, calls on Member States to completely and expeditiously cease the detention of children on the basis of their immigration status, and always using the least restrictive means necessary, adopt alternatives to detention that allow children to remain with family members and/or guardians if they are present in the transit and/or destination countries and be accommodated as a family in non-custodial, community-based contexts while their immigration status is being resolved;
Amendment 64 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the EU and its Member States to provide funding avenues forand remove barriers for funding organisations offering legal, humanitarian and social assistance to undocumented women migrants; and to extend the scope of the European Social Fund and the European Integration Fund to include all migrants, irrespective of their residence status;
Amendment 67 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the EU and its Member States to insist upon correct terminology with regard to migration policy and refrain from using hostile terminology that depicts individuals as "illegal";