31 Amendments of Terry REINTKE related to 2017/0360R(NLE)
Amendment 8 #
Draft opinion
Citation 3 a (new)
Citation 3 a (new)
- having regard to the 2019 recommendations of the World Health Organization (WHO) on adolescent sexual and reproductive health and rights and the WHO Regional Office for Europe standards for sexuality education in Europe: a framework for policy makers, educational and health authorities and specialists;
Amendment 10 #
Draft opinion
Citation 3 b (new)
Citation 3 b (new)
- having regard to the results of the LGBTI Survey II conducted by the Fundamental Rights Agency, which highlight an increase in intolerance and violence in Poland towards LGBTI persons, and where Polish LGBTI respondents demonstrate a complete disbelief in the government’s combat against prejudice and intolerance, recording the lowest percentage across the EU (only 4%), and Poland registers the highest percentage of respondents avoiding going to certain places for fear of being assaulted, harassed or threatened (79%);
Amendment 13 #
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to the results of the LGBTI Survey II conducted by the Fundamental Rights Agency, which highlight an increase in intolerance and violence in Poland towards LGBTI persons, a complete disbelief in the government’s combat against prejudice and intolerance by Polish LGBTI respondents, recording the lowest percentage across the Union (only 4%), and the highest percentage of respondents avoiding going to certain places for fear of being assaulted, harassed or threatened (79%),
Amendment 16 #
Motion for a resolution
Citation 25 b (new)
Citation 25 b (new)
- having regard to the issue paper of the Council of Europe’s Commissioner for Human Rights of December 2017 entitled ‘Women’s sexual and reproductive health and rights in Europe’,
Amendment 17 #
Motion for a resolution
Citation 25 c (new)
Citation 25 c (new)
- having regard to the 2019 recommendations of the World Health Organization (WHO) on adolescent sexual and reproductive health and rights and the WHO Regional Office for Europe standards for sexuality education in Europe: a framework for policy makers, educational and health authorities and specialists,
Amendment 26 #
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the realization of sexual and reproductive health and rights are essential to achieving gender equality and access to evidence-based comprehensive sexuality and relationship education is key to building children’s and young peoples’ skills to form healthy, equal, nurturing and safe relationships, address gender norms and prevent discrimination and all forms of abuse and gender-based violence;
Amendment 34 #
Draft opinion
Recital D
Recital D
D. whereas in 20186, 2018 and 2020 the draft law imposing restrictions on abortion triggered massive protests throughout Poland and beyond;
Amendment 40 #
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that on 16 April 2020 the Polish Parliament voted to refer back to committee the two draft laws stemming from citizens’ initiatives on access to abortion and on the sexuality education of minors; is deeply concerned over the repetitive attempts to present, consider and reform laws with the aim to restrict women’s rights and gender equality;
Amendment 51 #
Draft opinion
Paragraph 2 – point 1 (new)
Paragraph 2 – point 1 (new)
(1) Regrets recent legal changes by the Sejm, under which medical facilities would no longer be legally obliged to indicate another facility in case of denial of abortion services due to personal beliefs; Calls on the Polish government to revert these changes and to adopt measures to compensate for deficiencies in service provision caused by doctors who decide to invoke conscientious objection to refuse healthcare services, and to include in the law a rule that in the event of refusal to perform a medical procedure, the medical facility must indicate another specialist or facility which will perform the procedure;
Amendment 52 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Polish Parliament to reject any legislative proposal that seeks to further erode women’s sexual and reproductive rights and on the Polish authorities to recognise the inalienable rights of women to physical and mental integrity and autonomous decision- making as regards, to the right to access the full range of reproductive health services, including safe and legal abortion and to take measures to implement fully the judgments handed down by the European Court of Human Rights in cases against Poland, which has ruled that restrictive abortion laws and lack of implementation violates human rights;
Amendment 53 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates its concerns about already ongoing, extensive, and inappropriate use of the conscience clause including the absence of reliable referral mechanism for access to abortion in practice, and lack of timely appeals processes for women who are denied abortions; Notes that under human rights law, the right of conscientious objection is subject to limitations to protect the rights of others and that concerning healthcare, conscientious objection is also constricted by articles protecting the right to life, health and privacy;
Amendment 56 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls for the law limiting women and girls’ access to the emergency contraceptive pill to be repealed;
Amendment 57 #
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Strongly affirms that the denial of sexual and reproductive health and rights services is a form of violence against women and girls and reminds that the unavailability of scientifically accurate information violates the rights of individuals to make informed choices about their own SRHR;
Amendment 58 #
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Calls on the Polish Parliament to refrain from adopting any policy that would restrict access to comprehensive sexuality education; Call on the Polish authorities to ensure that young people have access to such an education in line with the World Health Organisation standards and that those who provide it are supported in doing so in a factual and objective manner;
Amendment 59 #
Draft opinion
Paragraph 2 g (new)
Paragraph 2 g (new)
2g. Encourages the Polish authorities to give practical and effective application to the Council of Europe Istanbul Convention, including by ensuring application of the existing legislation across the country, as well as the provision of a sufficient number and quality of shelters for women victims of violence and their children;
Amendment 82 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to launch infringement proceedings in relation to the establishment of “LGTBI-free areas”, bearing in mind that homophobic statements constitute discrimination in employment and occupation when they are made by persons who may be perceived as having a decisive influence on recruitment policy of local government; calls on the Polish authorities to adopt legislation addressing the situation of same sex unions and parents with a view to ensuring their enjoyment of the right to non- discrimination in law and in fact in accordance with relevant case law of the Court of Justice and the European Court of Human Rights;
Amendment 96 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out the worrying tendency of shrinking space for civil society and the increasing bureaucratisation and funds restrictions for fundamental rights organisations, including women’s rights organisations and activists; Calls on the polish authorities to ensure adequate funding to be available for organisations promoting SRHR and LGTBI+ rights, including through different funding instruments at EU level, such as the Multiannual Financial Framework 2021 – 2027 Rights and Values programme and other EU pilot projects;
Amendment 107 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Takes note of the order of the CJEU of 8 April 202033 instructing the Poland to immediately suspend the application of the national provisions on the powers of the Disciplinary Chamber of the Supreme Court and calls on the Polish authorities to swiftly implement the judgment; calls on the Commission to submit an additional request seeking that payment of a fine be ordered as Poland has not complied in full with the interim measures ordered; calls on the Commission to urgently start infringement proceedings in relation to the national provisions on the powers of the Extraordinary Chamber, since its composition suffers from the same flaws as the Disciplinary Chamber; _________________ 33Order of the Court of Justice of 8 April 2020, Commission v Poland, C-791/19 R, ECLI:EU:C:2020:277.
Amendment 130 #
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Condemns the smear campaign against the Polish judges and involvement of public officials therein; calls on the Polish authorities to refrain from activities undermining the authority of the judiciary;
Amendment 144 #
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Calls on the Polish authorities to implement fully the judgments handed down by the European Court of Human Rights in cases involving the CIA secret prisons in Poland;
Amendment 164 #
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates its call on the Polish government to respect the right of freedom of assembly by removing from the current act of 24 July 2015 on public assemblies, as amended on 13 December 2016, the provisions prioritising government- approved ‘cyclical’ assemblies48 ; urges the authorities to refrain from applying criminal sanctions to people who participate in peaceful assemblies or counter-demonstrations and to drop criminal charges against peaceful protesters; urge the authorities to adequately protect peaceful assemblies and bring to justice those who violently attack people participating in peaceful assemblies; _________________ 48 See as well the Communication of 23 April 2018 by UN Experts to urge Poland to ensure free and full participation at climate talks.
Amendment 169 #
Motion for a resolution
Paragraph 40
Paragraph 40
40. Calls on the Polish authorities to modify the act of 15 September 2017 on the National Institute for Freedom - Centre for the Development of Civil Society49 , in order to ensure access to state funding for critical civil society groups, and a fair, impartial and transparent distribution of public funds to civil society, ensuring pluralistic representation; calls on the Commission to assess the feasibility of a statute for European associations and non-profit organisations in order to fully guarantee the freedom of association throughout the Union; reiterates its call for adequate funding to be available for the organisations concerned through different funding instruments at Union level, such as the Multiannual Financial Framework 2021 – 2027 Rights and Values programme and other Union pilot projects; _________________ 49OSCE/ODIHR, Opinion on the Draft Act of Poland on the National Freedom Institute - Centre for the Development of Civil Society, Warsaw, 22 August 2017.
Amendment 178 #
Motion for a resolution
Subheading 21
Subheading 21
Amendment 185 #
Motion for a resolution
Paragraph 42
Paragraph 42
42. Reiterates its deep concern expressed in its resolution of 14 November 2019, also shared by the Council of Europe Commissioner for Human Rights51 , over the draft law amending Article 200b of the Polish Penal Code, submitted to the Sejm by the ‘Stop Paedophilia’ initiative, for its extremely vague, broad and disproportionate provisions, which de facto seeks to criminalise the dissemination of sexual education to minors and whose scope potentially threatens all persons, in particular parents, teachers and sex educators, with up to three years in prison for teaching about human sexuality, health and intimate relations; stresses the importance of health and sexual education; calls on the Polish Parliament to refrain from adopting the proposed draft law amending Article 200b of the Polish Penal Code and on the Polish authorities to ensure that young people have access to comprehensive sexuality education in line with the World Health Organisation standards and that those who provide such education and information are supported in so doing in a factual and objective manner; _________________ 51Council of Europe Commissioner for Human Rights, Statement of 14 April 2020.
Amendment 197 #
Motion for a resolution
Paragraph 43
Paragraph 43
43. Recalls that Parliament has strongly criticised, already in its resolutions of 14 September 2016 and 15 November 2017, any legislative proposal that would prohibit abortion in cases of severe or fatal foetal impairment, emphasizing that universal access to healthcare, including sexual and reproductive healthcare and the associated rights, is a fundamental human right52 ; calls on the Polish Parliament to reject any legislative proposal that seeks to further erode women’s sexual and reproductive rights; strongly affirms that the denial of sexual and reproductive health and rights services is a form of violence against women and girls; calls on the Polish authorities to recognise the inalienable right of women to physical and autonomous decision-making as regards the right to access the full range of reproductive health services, including safe and legal abortion, and to take measures to implement fully the judgments handed down by the European Court of Human Rights in cases against Poland, which has ruled that restrictive abortion laws and lack of implementation violates human rights; _________________ 52See as well Statement of 22 March 2018 by UN Experts advising the UN Working Group on discrimination against women, and Statement of 14 April 2020 by the Council of Europe Commissioner for Human Rights.
Amendment 212 #
Motion for a resolution
Subheading 23
Subheading 23
Hate speech, public discrimination, violence against women and domestic violence and intolerant behaviour against minorities and other vulnerable groups, including LGBTI people
Amendment 214 #
Motion for a resolution
Paragraph 45
Paragraph 45
Amendment 217 #
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Encourages the Polish authorities to give practical and effective application to the Council of Europe Istanbul Convention, including by ensuring application of the existing legislation across the country, as well as the provision of a sufficient number and quality of shelters for women victims of violence and their children;
Amendment 219 #
Motion for a resolution
Paragraph 45 b (new)
Paragraph 45 b (new)
45b. Urges the Polish authorities to take all measures to eliminate structural discrimination against Roma, to continue its efforts to end all segregation in education faced by Roma children, to take measures to end extreme poverty among Roma, provide genuine solutions for housing problems and to take effective measures to end unemployment among Roma and to eliminate the wage gap;
Amendment 225 #
Motion for a resolution
Paragraph 46
Paragraph 46
46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and called on the Commission to strongly condemn such public discrimination; the banning of and inadequate protection against attacks on Pride marches and awareness-raising programmes and actions such as Rainbow Friday, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’ and adoption of ‘Regional Charters of Family Rights’ or key provisions from such charters, discriminating in particular against single-parent and LGBTI families, and called on the Commission to strongly condemn such public discrimination; calls on the Commission to launch infringement proceedings in relation to such declarations of local governments, bearing in mind that homophobic statements constitute discrimination in employment and occupation when they are made by persons who may be perceived as having a decisive influence on recruitment policy of local government; calls on the Polish authorities to adopt legislation addressing the situation of same sex unions and parents with a view to ensuring their enjoyment of the right to non- discrimination in law and in fact in accordance with relevant case law of the Court of Justice and the European Court of Human Rights;
Amendment 231 #
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Calls on the Polish authorities to refrain from detaining migrant and asylum-seeking children and families with children, to ensure that asylum seekers are properly registered by border guards and promptly referred to asylum authorities and granted access to a lawyer, to increase the duration and amount of the financial support provided to refugees and beneficiaries of subsidiary protection in order to facilitate their full integration into society and to remove all barriers that impede access by undocumented migrant women to affordable maternal health care throughout pregnancy;