18 Amendments of Elly SCHLEIN related to 2016/0222(COD)
Amendment 147 #
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘applicant with special reception needs’: means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive, such as applicants who are minors, unaccompanied minors, disabled people, impaired persons, lesbian, gay, bisexual, trans- and intersex persons, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders, including post-traumatic stress disorder (PTSD) and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual or gender-based violence, such as victims of female genital mutilation.
Amendment 153 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 155 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States may introduce or retain more favourable provisions as regards reception conditions for applicants and their depending close relatives who are present in the same Member State, or for humanitarian reasons, insofar as these provisions are compatible with this Directive.
Amendment 164 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall not impose unnecessary or disproportionate documentation or other administrative requirements on applicants before granting them the rights to which they are entitled under this Directive for the sole reason that they are applicants for international protection, or on the sole basis of an applicant’s nationality.
Amendment 179 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
2. Member States shall where necessarmay decide on the residence of an applicant in a specific place for any of the following reasons:
Amendment 185 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point c
Article 7 – paragraph 2 – subparagraph 1 – point c
Amendment 228 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall not hold a person in detention for the sole reason that he or she is an applicant or on sole basis of an applicants' nationality.
Amendment 257 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Where applicants with special reception needvulnerable persons are detained, Member States shall ensure regular monitoring and adequate support taking into account their particular situation, including their health.
Amendment 307 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Amendment 346 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Language courses Member States shall provide applicants effective access to language courses free of charge from the date when the application for international protection was made.
Amendment 365 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. When assessing the resources of an applicant, when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4, Member States shall observefully respect the principle of proportionality. Member States shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Member States shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health.
Amendment 398 #
Proposal for a directive
Article 17a – paragraph 1
Article 17a – paragraph 1
Amendment 400 #
Proposal for a directive
Article 17a – paragraph 2
Article 17a – paragraph 2
Amendment 409 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that applicants, irrespective of where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]under the same conditions as their own nationals, from the date when the application for international protection was made, receive the necessary health care which shall include, at least, emergency care and essential treatment of illnesses, including of serious mental disorders.
Amendment 449 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall take into account the specific situation of applicants with special reception needs, as defined in Article 2, in the national law implementing this Directive. Member States shall systematically assess whether the applicant is an applicant with special reception needs. Member States shall also indicate the nature of such needs. Member States shall also ensure that applicants can indicate themselves that they have special needs and that these indications are assessed. That assessment shall be integrated into the assessment referred to in [the Asylum Procedures Regulation], which may take place within existing national procedures. Member States shall ensure that those special reception needs are also addressed, in accordance with this Directive, if they become apparent at a later stage in the asylum procedure.
Amendment 486 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary qualifications and expertise to that end and shall not have a verified record of child- related crimes or offences. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.
Amendment 497 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that persons who have been subjected to sexual and gender-based harmviolence, other forms bias-motivated violence, torture, rape or other serious acts of psychological, physical or sexual violence areceive the necessary treatment provided with holistic rehabilitation services for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care as well as qualified counselling, with the support of a qualified interpreter where needed. Access to that support shall be as early as possible after a victim has been identified.
Amendment 500 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Those working with victims of gender-based harm, torture, rape or other serious acts of violencepsychological, physical or sexual violence, including health professionals in charge of implementing paragraph 1, shall have had and shall continue to receive appropriate training concerning their needs and appropriate rehabilitation methods, and shall be bound by the confidentiality rules provided for in national law and professional ethics codes, in relation to any information they obtain in the course of their work.