Activities of Jana TOOM related to 2022/0426(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims
Amendments (21)
Amendment 47 #
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2011/36/EU of the European Parliament and the Council28 constitutes the main Union legal instrument on preventing and combating trafficking in human beings and protecting the victims of this crime. That Directive sets out a comprehensive framework to address trafficking in human beings by establishing minimum rules concerning the definition of criminal offences and sanctions. It also includes common provisions to strengthen prevention and protection of victims, taking into account the gender perspectivand disability perspective, as well as the perspective of the best interest of the child, as set out in the 1989 United Nations Convention on the Rights of the Child. This includes both preventive measures, as well as protective and supportive ones for child victims of trafficking, in particular for unaccompanied children and children deprived of parental care. _________________ 28 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101, 15.4.2011, p. 1–11.
Amendment 57 #
Proposal for a directive
Recital 4
Recital 4
(4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage and, illegal adoption and institution-related trafficking in the forms of exploitations explicitly listed in the Directive and to ensure that the Member States address within their national legal systems the widest range of forms of exploitation, insofar as these fulfil the constitutive elements of trafficking in human beings. In addition, according to Europol, children are considered to be one of the most vulnerable groups targeted by organised criminal groups involved in trafficking of human beings1b. Often, these children are exploited by forcing them into committing criminal activities. To this end, the trafficking of children into committing criminal activities should also be included in the forms of exploitation explicitly listed in the Directive. _________________ 1b https://www.europol.europa.eu/media- press/newsroom/news/fighting-child- trafficking-main-priority-for-eu-law- enforcement
Amendment 58 #
Proposal for a directive
Recital 4
Recital 4
(4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage and, illegal adoption and institution-related trafficking in the forms of exploitations explicitly listed in the Directive and to ensure that the Member States address within their national legal systems the widest range of forms of exploitation, insofar as these fulfil the constitutive elements of trafficking in human beings. In addition, according to Europol, children are considered to be one of the most vulnerable groups targeted by organised criminal groups involved in trafficking of human beings1a. Often, these children are exploited by forcing them into committing criminal activities. To this end, the trafficking of children into committing criminal activities should also be included in the forms of exploitation explicitly listed in the Directive. _________________ 1a https://www.europol.europa.eu/media- press/newsroom/news/fighting-child- trafficking-main-priority-for-eu-law- enforcement
Amendment 64 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
Amendment 65 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Institution-related trafficking refers to when children are exploited by placing, keeping and accommodating them in institutional care settings against their will, with the purpose to profit from the exploitation of the children. The entity or entities performing the trafficking convert the institutions into profitable activities by setting up structures where they receive funds from governments of the Member State they are settled in or from others, as well as donors from third countries, to finance the operations of the institutions1a. Considering that where the purpose of involuntarily placing children in institutions is to enable gainful financial activities stemming from this exploitation, and that the funding of institutions originates from multiple sources, often located outside the Member State where the institutions is settled, trafficking of children into institutions should also be added as a form of exploitation explicitly listed in the Directive, as it has a clear cross-border element. _________________ 1a https://lumos.contentfiles.net/media/docu ments/document/2021/12/LUMOS_Cycles _of_exploitation.pdf p. 7, 49, 80
Amendment 78 #
(8) In order to enhance the national capability to identify victims at an early stage, and to refer them to the appropriate protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation. When dealing with child victims, particularly girls, the mechanisms should provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive.
Amendment 79 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to enhance the national capability to identify victims at an early stage, and to refer them to the appropriate protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation. When dealing with child victims, the mechanisms should provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive.
Amendment 84 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Refugees, asylum seekers, displaced persons and stateless persons are widely noted to be vulnerable to exploitation. Lack of income and material deprivation, isolation from family and other social support and lack of status are risk factors to become a victim of human trafficking. It is therefore crucial to ensure that these persons have adequate access to apply for asylum and are protected by the principle of non- refoulement.
Amendment 96 #
Proposal for a directive
Recital 9
Recital 9
(9) In order to further reinforce and harmonise the criminal justice efforts on demand reduction across Member States, it is important criminalise the use of services which are the objects of sexual exploitation with the knowledge that the person is a victim of an offence concerning trafficking in human beingsin cases where the user of such services had knowledge, or could have reasonably assumed, that the person is a victim of trafficking . Establishing this as a criminal offence is part of a comprehensive approach to demand reduction, which aims to tackle the high levels of demand that fosters all forms of exploitation.
Amendment 98 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Persons with any type of disability are at an increased risk of becoming victims of trafficking. Perpetrators may view and target them in particular due to their increased vulnerability and the barriers they face in accessing justice. Considering that the Member States of the European Union are parties to the United Nations’ Convention on the rights of Persons with Disabilities, they should take extra consideration when providing support measures to victims of trafficking with disabilities, and that civil servants have received adequate training to assist the victims in a disability-friendly manner. Legal processes should also be adapted to meet the needs of victims of trafficking with disabilities, to ensure they can participate equally in the processes.
Amendment 103 #
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9c) Persons with any type of disability, in particular girls with disabilities, are at an increased risk of becoming victims of trafficking. Perpetrators may view and target them in particular due to their increased vulnerability and the barriers they face in accessing justice. Considering that the Member States of the European Union are parties to the United Nations’ Convention on the rights of Persons with Disabilities, they should take extra consideration when providing support measures to victims of trafficking with disabilities, and that civil servants have received adequate training to assist the victims in a disability-friendly manner. Legal processes should also be adapted to meet the needs of victims of trafficking with disabilities, to ensure they can participate equally in the processes.
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/36/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
(1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption” is added at the end of the paragraph or trafficking of children into institutions” is added at the end of the paragraph, and "including exploitation of children to commit or participate in criminal activities" is added after "or the exploitation of criminal activities".
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/36/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
(1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption” is added at the end of the paragraph or trafficking of children into institutions” is added at the end of the paragraph, and "including exploitation of children to commit or participate in criminal activities" is added after "or the exploitation of criminal activities".
Amendment 168 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2011/36/EU
Article 8
Article 8
(3a) Article 8 is replaced by the following: Non-prosecution or non-application of penalties to the victim 1. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that victims of human trafficking are not detained, charged, prosecuted or imposed fines upon for the illegality of their entry into or residence in Member States of transit or destination or other breaches of immigration law, or for their involvement in unlawful activities to the extent that such involvement is a direct consequence of being subjected to any of the acts referred to in Article 2. 2. Member States shall ensure that procedures and processes are in place for receipt and consideration of asylum claims from victims of human trafficking and that the principle of non-refoulement is respected and upheld at all times, regardless of the illegality of entry into or residence in Member States of transit or destination or other breaches of immigration law and regardless of the status of the person, such as undocumented or stateless.
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
4. In Article 11, paragraph 4 is replaced by the following: Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the early identification of, assistance to, and support for victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims. In addition, when dealing with child victims, in particular, girls, the referral mechanisms shall provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive.
Amendment 193 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 paragraph 4
Article 11 paragraph 4
4. Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the early identification of, assistance to, and support for victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims. In cases involving children and child victims, the referral mechanisms shall provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive
Amendment 196 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. In Article 11, the following paragraph is inserted: “4a. Member States shall take the necessary measures to ensure identification and referral of victims of human trafficking by relevant State authorities and officials such as police, border guards, immigration officials and others involved in the detection, detention, reception and processing of irregular migrants, refugees. asylum seekers, displaced persons and stateless persons, to permit the rapid and accurate identification of victims of human trafficking.
Amendment 243 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18 a –title
Article 18 a –title
Offences concerning the use of services which are the object of sexual exploitation with knowledge that the person is a victim of an offence concerning trafficking in human beings
Amendment 247 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18 a – paragraph 1
Article 18 a – paragraph 1
1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall take the necessary measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2, with the knowledge that the person is a victim of an offence referred to in Article 2of the prostitution of others or other forms of sexual exploitation in cases where the user of such services had knowledge, or could have reasonably assumed, that the person is a victim of trafficking. ln cases where the victim is a minor, the user shall be considered criminally liable, irrespective of any knowledge of the status or age of the victim.
Amendment 278 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point a
Article 19 a – paragraph 2 – point a
(a) the number of registered victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult), if the victim was an unaccompanied minor, citizenship, and form of exploitation and, if applicable, disability and other relevant vulnerabilities;
Amendment 279 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point a
Article 19 a – paragraph 2 – point a
(a) the number of registered victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult), if the victim was an unaccompanied minor, citizenship, and form of exploitation and, if applicable, disability and other relevant vulnerabilities;