66 Amendments of Cécile Kashetu KYENGE related to 2018/2103(INI)
Amendment 2 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin;
Amendment 4 #
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
- having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation;
Amendment 5 #
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
- having regard to Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law;
Amendment 6 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to its resolution of 15 April 2015 on the occasion of International Roma Day – anti-Gypsyism in Europe and EU recognition of the memorial day of the Roma genocide during World War II 14, Texts adopted, P8_TA(2015)0095;
Amendment 8 #
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
- having regard to its resolution on fundamental rights aspects in Roma integration in the EU: fighting anti- Gypsyism; Texts adopted, (2017/2038(INI));
Amendment 9 #
Motion for a resolution
Citation 2 c (new)
Citation 2 c (new)
- having regard to the second European Union Minorities and Discrimination Survey (EU-MIDIS II);
Amendment 10 #
Motion for a resolution
Citation 2 d (new)
Citation 2 d (new)
- having regard to the European Parliament Resolution of 1 June 2017 on combating antisemitism;
Amendment 11 #
Motion for a resolution
Citation 2 e (new)
Citation 2 e (new)
- having regard to its resolution on the situation in the Mediterranean and the need for a holistic EU approach to migration; Texts adopted, (2015/2095(INI))
Amendment 81 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas Brexit negotiations are ongoing but already impact directly the lives of millions of European citizens, especially EU nationals’ resident in the UK and UK citizens living in the EU27; whereas safeguarding fundamental rights of people should be as equally important as other aspects in these negotiations;
Amendment 83 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. Whereas the UNHCR reported serious human rights violations in its “position on returns to Libya” of September 2018, such as arbitrary detention, abductions, enforced disappearances, torture, rape and other forms of sexual violence against women and men, unlawful killings including summary executions;
Amendment 91 #
Motion for a resolution
Paragraph 1
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-based violence in the EU, which severely limits their ability to enjoy their rights and to participate on an equal footing in society; whereas the report published in March 2014 by the European Union Agency for Fundamental Rights entitled ‘Violence against women: an EU- wide survey’ shows that one-third of all women in Europe have experienced physical or sexual acts of violence at least once during their adult lives, 20 % have experienced online harassment, one in twenty have been raped and more than one-tenth have suffered sexual violence involving the use of force;
Amendment 96 #
Motion for a resolution
Paragraph 2
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 onin order to eradicate all forms of discrimination and violence against women and girls; Calls for gender equality strategy and its mainstreaming to become part of the European Semester;
Amendment 105 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the signing of the EU’s accession to the Istanbul Convention on 13 June 2017, despite the limitation to only two mandates namely the first comprehensive legally binding instrument on preventing and combating violence against women and gender-based violence, including domestic violence, at international level; regrets that, to date, only 1920 Member States have ratified the Conventionit, to date 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 EUurges Member States and the Council Presidency to speed up the EU ratification process;
Amendment 111 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. ExpStresses concern about the risk of misogyny in European societies and its that sexism and gender stereotypes, that have led to domination over and discrimination against women, have a severe impact on women’s fundamental rights in all spheres of life; calls on 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 curriculaeducation at all levels and for all ages on equality between women and men, on non-stereotyped gender roles and on the respect for personal integrity is required to effectively address all forms of discrimination; calls on Member States to appropriately address this issue in school curricula; deplores that women still suffer from inequalities at work, such as lower participation rates in employment, the pay gap, the greater incidence of part-time employment, poorer pension entitlements, career segregation and poorer levels of progression; structural barriers to women’s economic empowerment are the result of multiple and intersecting forms of inequalities, stereotypes and discrimination in the private and public spheres;
Amendment 116 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Strongly condemns all forms of violence against women (VAW) and therefore calls, once again, the Commission to propose a Directive that introduces common definitions and legal standards on criminalizing VAW with dissuasive sanctions for perpetrators, including measures to tackle effectively sexual harassment and violence in public spaces, at workplace, offline and online; calls on Member States to offer victims full support to report cases of violence against women safely and without fear of consequences, and to ensure appropriate training for professionals dealing with the victims; notes that cases of obstetric violence are more and more reported and that this issue should also be addressed by Member States, in full cooperation with adequate partners such as physicians’ and gynaecologists’ unions and organisations, hospitals and universities;
Amendment 121 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages EU Member States to take effective sSupports demonstrations that took place in several Member Stateps to respect and protect women’sin2017, following retrogressions related to sexual and reproductive health 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; recand strong mediatisation of sexual harassment cases; strongly affirms that the denial of sexual and reproductive health and rights services, including safe and legal abortion, is a form of violence against women and girls; reiterates that women and girls must have control over their bodies and sexualities; calls on alls thate 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 pto guarantee comprehensive sexuality education, ready access for women to family planning and the full range of reproductive and sexual health rights services, including modern contraception and safe and legal abortion; calls every Member State to refrain from adopting any legislative reform that would amount to a retrogression of already restrictive legislation on women’s access to safe and legal abortion; strongly reaffirms its support for women’s rights organisations, as they have revcention of the erosion of existingly been the target of legal protsecutions; ;
Amendment 147 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that Article 19 of the Universal Declaration of Human Rights, Article 19 of the International Covenant on Civil and Political Rights and Article 13 of the Convention on the Rights of the Child1 of the Charter of Fundamental Rights enshrine every individual’s right to hold opinions without interference, the right to freedom of expression and the right to seek, receive and impart information and ideas through any media, regardless of frontiers;
Amendment 151 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that public deliberation and debate are the lifeblood of a healthy and functioningvital to 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 increasingany 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 functioning of democratic societies and calls on the Commission to take an active role in promoting these rights in line with international human rightsEU standards;
Amendment 166 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the fact that whistle- blowing is an essential element in investigative journalism and press freedom, and; denounces the threats, retaliations and condemnations that whistle-blowers still face in the EU; in this context, recalls its resolution of 24 October 2017 on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies3; points out that, according to the Communication from the Commission on Strengthening whistle-blowers protection at EU level in April 2018, only ten Member States have introduced comprehensive legislation to protect whistle-blowers; welcomes the Commission’s proposal for a horizontal Directive on the protection of persons reporting on breaches of Union law, and calls on co-legislators to swiftly pursue and end negotiations in that regard; __________________ 3 Texts adopted, P8_TA(2017)0402.
Amendment 170 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s decision to establish a High Level Expert Group on fake news and online disinformation; expresses its concern about the potential threat the notion ofat fake news could pose to freedom of speech and expression and to the independence of the media, while underlining the negative effects that the spread of false news might have on the quality of political debate and on the well- informed participation of citizens in democratic society; stresses that political profiling, fake news and manipulation of the information may be used by parties and private or public entities inside and outside the EU, and may hinder EU and national democratic processes, such as the Facebook-Cambridge Analytica scandal; calls on the Commission and co- legislators to work on legislations that would prevent political profiling and manipulation of the information and that would guarantee data protection, transparency and cybersecurity;
Amendment 180 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses concerns about the obstacles to the work of human rights defenders, including civil society organisations active in the field of fundamental rights and democracy, including serious restrictions of freedoms of association and speech for those organisations and citizens, and restrictions of financing; recognises the key role of these organisations in making fundamental rights and values a reality for everyone and stresses that they should be able to carry out their work in a safe and well-supported environment; is concerned by the closing down of civil society space; calls on the EU and the Member States to address proactively the root causes of shrinking civil society space and to uphold their fundamental rights; calls for adequate EU funding to protect fundamental rights and support civil society organisations in the European Union, and for the integrity of those funding; invites the European Commission to establish guidelines regarding civil society and indicators on civic space in the EU;
Amendment 198 #
Motion for a resolution
Subheading 3
Subheading 3
Racism, xenophobia and hate speechother forms of intolerance
Amendment 199 #
Motion for a resolution
Subheading 3
Subheading 3
Amendment 203 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that EU and its Member States should address adequatnd combat effectively discriminatory or violent treatment and reactions against the schooling ofand participation of children from minority backgrounds, especially migrant and refugee, and Roma children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address and promote respect for diversity, intercultural understanding and human rights, including children’s rights, in regular school curricula;
Amendment 204 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that EUthe EU and its Member States should address adequatcombat effectively discriminatory or violent treatment and reactions against the schooling of migrant and refugeeand participation of children from minority backgrounds especially migrant and refugee children, and Roma 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 curricula;
Amendment 209 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Condemns incidents of hate crime and hate speech motivated by racism, xenophobia or religious intolerance or by bias against a person’s disability, sexual orientation or gender identity, which occur in the EU on a daily basis; calls for a zero tolerance approach to any discrimination on the grounds of race, ethnic or social origin, religion or belief, membership of a national minority, disability, age, gender, gender expression, gender identity, sexual orientation, residence status or health;
Amendment 212 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Is concerned that the increased levels of racial violence, hatred and xenophobia such as Afrophobia, anti- Gypsyism, anti-Semitism, Islamophobia, or other forms of hatred based on intolerance whether expressed in the form of hate crimes, messages spread on social networks, protests or political propaganda, have come to be seen as normal in the Member States;
Amendment 216 #
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Takes the view that particular attention should be paid to the situation and the rights of women in the EU, in particular racial, ethnic and religious minorities, immigrants, LGBTI people, people with physical and intellectual disabilities, victims of abuse or modern slavery; points out that the EU and the Member States must set an example in this regard;
Amendment 217 #
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Is worried by shameful governance practices, including the participation of parties promoting racist, xenophobic and other discriminatory ideas, policies and practices in coalition governments, seen in some Member States reflect a selective approach to the benefits and responsibilities of EU membership, and whereas the refusal by those Member States to fully uphold EU law, to safeguard the separation of powers, the independence of the judiciary and the predictability of State actions is undermining the credibility of the EU as a legal area;
Amendment 218 #
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Takes note of the statements by the Council of Europe which have stated that the phenomenon of online hate speech requires further analysis and action with a view to regulating and finding new ways of combating rhetoric of this kind, such as alternative narrative and fact checking technologies; Supports the Code of Conduct with IT companies and urges the EU and its Member States to work closely with IT companies to prevent illegal content online such as incitement to hatred or terrorist content;
Amendment 219 #
Motion for a resolution
Paragraph 12 f (new)
Paragraph 12 f (new)
12f. Worried by discrimination of minorities in the field of accommodation; calls on the EU Member States to use their legislative and executive power to promote equal opportunities in accommodation such as access to the rental market, hotels, hostels and other types of accommodation;
Amendment 226 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to make efforts to systematically record, collect and publish annually comparable data onfight ethnic discrimination and hate crime in order to enable them andand, along with other key stakeholders, to develop effective, evidence-based legal and policy responses to these phenomena; recalls that any data should be collectedconsiders that if data on ethnic discrimination and hate crime were to be collected, it should be for the sole purpose of identifying the roots of and fighting xenophobic and discriminatory discourse and acts, in accordance with national legal frameworks and EU data protection legislation;
Amendment 228 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Urges EU Member States to address the complex phenomenon of radicalisation through a holistic, multidimensional approach going beyond security and law enforcement measures. For this, Member States should establish programmes that promote citizenship and the common values of freedom, tolerance and non-discrimination, in particular in educational settings
Amendment 231 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. CIs concerned by the increased levels of racial violence and hatred, such as Afrophobia, anti-Gypsyism, anti- Semitism, Islamophobia, or other forms of hatred based on intolerance whether expressed in the form of hate crimes, messages spread on social networks, protests or political propaganda, that have come to be seen as normal in some Member States; 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 put forward or 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; __________________ 4calls for the adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination; __________________ 4 OJ L 180, 19.7.2000, p. 22. OJ L 180, 19.7.2000, p. 22.
Amendment 237 #
Motion for a resolution
Paragraph 14
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 Romanti- Gypsyism, Afrophobia, anti- Semitism, Islamophobia, Afrophobia and anti-Gypsyism; points out that the Member States should put forward or 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; __________________ 4 OJ L 180, 19.7.2000, p. 22. OJ L 180, 19.7.2000, p. 22.
Amendment 238 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Condemns incidents of hate crime and hate speech motivated by racism, xenophobia or religious intolerance or by bias against a person's disability, sexual orientation, sex characteristics or gender identity, which occur in the EU on a daily basis; calls for a zero tolerance approach to any discrimination on the grounds of race, ethnic or social origin, religion or belief, membership of a national minority, disability, age, gender, gender expression, gender identity, sexual orientation, sex characteristics, residence status or health; expresses its concern on the lack of reporting of hate crimes by victims due to inadequate safeguards and failure of authorities to properly investigate and bring convictions for hate crimes in Member States;
Amendment 240 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Expresses its concern at the lack of reporting of hate crimes by victims due to inadequate safeguards and failure of authorities to properly investigate and bring convictions for hate crimes in Member States;
Amendment 243 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Calls for the adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination, also protecting from discrimination on the grounds of religion and belief, disability, age and sexual orientation outside of employment;
Amendment 246 #
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Stresses the imperative need for all persons to be included on equal terms in European society; stresses that inclusion of this kind will be the best way to tackle exclusion and discrimination which can create a fertile ground for individuals in vulnerable situations to join extremist organisations that can be violent; considers a consistent application of equality and participation as a crucial element of strategies to combat racism, xenophobia and other forms of intolerance;
Amendment 248 #
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Calls on the European Commission to lead by example in promoting the rights of minorities by amending its own diversity and inclusion strategy to include specific measures on race, ethnicity and religion/belief on the diversification of the EU workplace;
Amendment 254 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores the fact that in 2017, LGBTI people were still victims of discrimination and hatred and encourages the Member States to adopt laws and policies to combat homophobia and transphobia; bullying, harassment and violence and were facing multiple discriminations including in the areas of Education, Health, and Employment; encourages the Member States to adopt laws and policies to combat homophobia and transphobia; Welcomes the implementation of some items contained in the list of actions by the Commission to advance LGBTI equality (2014-2019); calls on the European Commission to maintain an ambitious and multiannual planning in this field in close cooperation with civil society organisations working in this field;
Amendment 258 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Condemns firmly the promotion and the practice of LGBTI conversion therapies and pathologisation of trans identities; urges all Member States to criminalise LGBTI conversion therapies and to adopt measures that respect and uphold the right to gender identity and gender expression; denounces the fact that several Member States keep imposing requirements on transgender people such as medical intervention in order to have the changed gender recognised and forced sterilisation as a condition for legal gender recognition; notes that such requirements are clearly human rights violations; calls on the Commission to provide guidance to Member States on the best models for legal gender recognition in Europe; calls on Member States to recognise change of gender and to provide access to quick, accessible and transparent legal gender recognition procedures without medical requirements such as surgery or sterilisation or psychiatric consent;
Amendment 263 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Condemns all forms of discrimination and violence based on sexual orientation and gender identity; calls on the European Commission to systematically monitor the correct transposition of the legislation on LGBTIQ rights
Amendment 265 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Recalls that the UN Convention on the Rights of Persons with Disabilities (UNCRPD) is a legally binding international treaty, signed and ratified by the EU, currently implemented with the European Disability Strategy 2010-2020, to ensure equal opportunities, regarding: accessibility, participation, equality, employment, education and training, social protection, health, and EU external action; underlines that, in its implementation report of the European Disability Strategy in February 2017, the Commission noted that although progress was made, particularly with the European Accessibility Act proposed in 2015, persons with disabilities are still disadvantaged and discriminated regarding employment, education and social inclusion; in that regard, stresses that the objectives of the Strategy remain, that accurate actions should be taken between 2017 and 2020 and that the European Parliament Resolution of 30 November 2017 recommended: compulsory requirements regarding accessibility in public space, minimum percentage for employment of persons with disabilities, guarantees for an inclusive education, including access to initiatives such as Erasmus +, and a particular attention for women and children with disabilities;
Amendment 266 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Encourages the EU and Members States to ensure they deliver on the commitments included in the European Pillar of Social Rights to protect children from poverty, provide access to affordable early childhood education and care of good quality without discrimination. They should also ensure the right of girls and boys from disadvantaged backgrounds to specific measures to enhance equal opportunities. The implementation of the Pillar requires concrete legislative proposals, action plans, budgetary allocation and monitoring systems in all areas that affect children and their families, such as employment, gender equality, and access to health services, education and affordable housing
Amendment 267 #
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Rights of the child
Amendment 268 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Calls on EU Member States to fight against severe housing deprivation as a political priority and ensure that families with children, especially those living at risk of poverty, have priority access to social housing or are provided with adequate housing assistance. Relevant authorities should address homelessness and implement measures that include the prevention or delay of evictions of families with children, especially during winter. While doing so, Member States should make use of the various housing funding programmes that the EU offers.
Amendment 269 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Regrets multiple and intersectional discriminations faced by elderly people in an ageing European society; calls on all level of governments to better integrate this dimension when drafting and implementing policies, including in the implementation of the European Pillar of Social Rights;
Amendment 270 #
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Insists that the UK Withdrawal Agreement and any Future Relationship Agreement between the EU27 and the UK must comply with fundamental human rights obligations, specifically in relation to those EU nationals’ resident in the UK who may no longer have these rights protected by the CJEU; Calls for the fundamental rights of EU citizens who moved within the union under freedom of movement to have these rights upheld after Brexit; calls for guarantees to be included in any Future Relationship Agreement; demands legal protection ensuring these rights cannot be removed in the future;
Amendment 271 #
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Calls on Member States to promote the right of all children to protection and care. The EU and its Member States should develop credible and effective non- custodial alternatives that would make it unnecessary to detain children during asylum procedures or for return purposes, regardless of whether they are in the EU alone or with their families.
Amendment 275 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Affirms that the separation of powers and the independence of the judiciary are essential to ensure the effective functioning of the rule of law in any society; recalls that this concept is enshrined in the 1948 Universal Declaration of Human Rights and in Article 47 of the EU Charter on Fundamental Rights, in the principles of equality before the law, the presumption of innocence and the right to a fair and public hearing by a competent, independent and impartial tribunal established before the law;
Amendment 284 #
Motion for a resolution
Paragraph 17
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 EU level and 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 ino 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;
Amendment 287 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Asserts that neither national sovereignty nor subsidiarity can justify the systematic refusal from a Member State to comply with the fundamental values of the European Union and the European Treaties, which every Member State has willingly endorsed and committed to respect when entering the EU; recalls that having accessed to the EU by complying with the Copenhagen Criteria does not allow any Member State to then breach EU fundamental values and the Treaties; Whereas some governance practices, including the participation of parties promoting racist, xenophobic and other discriminatory ideas, policies and practices in coalition governments, seen in some Member States reflect a selective approach to the benefits and responsibilities of EU membership, and whereas the refusal by those Member States to fully uphold EU law, the separation of powers, the independence of the judiciary and the predictability of State actions is undermining the credibility of the EU as a legal area;
Amendment 292 #
Motion for a resolution
Paragraph 18
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 toenshrined in Article 2 of the TEU; insists that Article 7 of the TEU should be employactivated if all other remedies have failed and invites the Council to examine and follow-up any proposals from the European Commission and the European Parliament relating to that procedure;
Amendment 308 #
Motion for a resolution
Paragraph 19
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; __________________ 5considers that this Mechanism would be a fair, balanced, regular and preventive mechanism regarding any breach of the values listed in Article 2 of the TEU, that could function as the European Semester on economic policies; __________________ 5 OJ C 215, 19.6.2018, p. 162. OJ C 215, 19.6.2018, p. 162.
Amendment 339 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Expresses concerns 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;
Amendment 346 #
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 354 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Strongly denounces that some Member States do not comply with EU asylum and return legislation and violate migrants and asylum seekers’ rights, such as failing to provide effective access to asylum procedures, failing to give clear information on legal remedies following a return decision, depriving migrants and asylum seekers of food or using automatic and systematic detention;
Amendment 355 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on Member States to effectively ensure the right to asylum and to accept relocation of asylum seekers, as agreed in the Council’s decisions in September 2015; calls on the Council to swiftly move on with the Dublin Regulation reform, that it currently blocks, and that prevents the European Common Asylum System from working properly; Stresses that Commission should initiate and Member States should implement a combination of protection- related schemes, such as resettlement and humanitarian admission, and regular mobility schemes to promote legal pathways to the EU for persons in need of protection; recalls that any action undertaken by a Member State, when acting within the scope of EU law, must respect the rights and principles of the EU Charter of Fundamental Rights; also calls on Member States to respect the principle of non-refoulement and introduce adequate procedural safeguards to their asylum and border procedures, including safeguards against collective expulsion;
Amendment 361 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that the EU and the Member States should develop credible and effective systems that would make it unnecessary tonot detain children for asylum or return purposes; stresses the importance of taking the principle of the best interests of the child into consideration in all aspects concerning children as well as of the practical implementation of the right to be heard; recalls that Article 14 of the EU Charter of Fundamental Rights and Article 28 of the United Nations Conventions on the Rights of the Child guarantee the right to education to every child, including migrant and refugee children, both unaccompanied and accompanied and avoiding separated schooling and segregation; stresses that Member States should ensure that migrant and refugee children are effectively supported through linguistic, social and psychological support based on individual assessment of their needs;
Amendment 370 #
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 378 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Underlines that Member States take responsibility for making it even more difficult for migrants to arrive in the EU, for any life losses in the Mediterranean Sea, and for externalising EU migration policies; notes that the HCR reported common serious human rights violations and abuses in third countries that the EU cooperates with, such as Libya;
Amendment 387 #
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 399 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on Member States to introduce specific safeguards to guarantee, if large-scale IT systems are to be made interoperable, that it should 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;
Amendment 403 #
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Information society, data and data protection
Amendment 404 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Believes that the data protection authorities should ensure that all data controllers pay specific attention to children and older EU citizens to guarantee equal awareness of data protection and privacy rights, and to reduce the vulnerability caused by digital illiteracy