20 Amendments of Brando BENIFEI related to 2016/0222(COD)
Amendment 133 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. 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 152 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
Member States shall apply this Directive to all unaccompanied minors from third countries from the moment of their arrival to the moment of their qualification as a refugee or grant of subsidiary protection under Regulation (EU) XXX/XXX [Qualification Regulation], or the grant of some other form of humanitarian protection, or their transfer to a third country, in accordance with their best interests, under national law.
Amendment 161 #
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5a. Where access to the labour market has been granted in accordance with paragraph 1, Member States shall also ensure that the applicant is informed of his/her employment rights in accordance with national law in writing, in a language he/she can understand.
Amendment 261 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Minors shall not be detained only as a measure of last resort and after it having been established that other less coercive alternative measure; Member States shall instead accommodate minors cannot be applied effectively. Such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minorsd families with minors in non- custodial, community-based placements while their immigration status is processed.
Amendment 268 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 273 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 277 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 4
Article 11 – paragraph 3 – subparagraph 4
Amendment 279 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 286 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Member States shall grant to minor children of applicants and to applicants who are minors access to the education system under similarthe same conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforced. Such education may be provided in accommodation centresthe entire duration of their presence in the territory of the Member State. Such education may be provided in accommodation centres, as a temporary measure until access to national education systems is ensured.
Amendment 293 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Access to the education system shall not be postponed for more than threone months from the date on which the application for international protection was lodged by or on behalf of the minor.
Amendment 354 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Member States shall ensure that that standard of living is met in the specific situation of applicants with special reception needs, such as minors, as well as in relation to the situation of persons who are in detention.
Amendment 379 #
Proposal for a directive
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. Member States shall provide separate sanitary facilities for female applicants and safe place in reception centres for them and their children.
Amendment 406 #
Proposal for a directive
Article 17a – paragraph 3
Article 17a – paragraph 3
3. Pending the transfer under Regulation (EU) No XXX/XXX [Dublin Regulation] of a minor to the Member State responsible, Member States shall provide him or her with access to suitable educational activitiesThis article shall not apply to unaccompanied minors. When the applicants concerned are parents of minors, Member States may derogate from this article taking into account the best interests of the child, as this provision restricts access to education, equal treatment and material reception conditions such as housing, food and clothing.
Amendment 410 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Member States shall ensure that minor children of applicants and applicants who are minors receive the same access to health care as their own national minors.
Amendment 466 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that involvemay affect minors. Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development.
Amendment 471 #
Proposal for a directive
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of violence and exploitation, including human trafficking;
Amendment 481 #
Proposal for a directive
Article 22 – paragraph 6
Article 22 – paragraph 6
6. Those working with minors, including with unaccompanied minors, shall not have a verified record ofcriminal record, especially with regard to any child- related crimes or offenses and shall receive continuous and appropriate training concerning the rights and needs of unaccompanied minors, including concerning any applicable child safeguarding standards, and shall be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.
Amendment 483 #
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 protectionarrives in the Member State 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 be qualified and 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 expertise to that end and shall not have a verified record ofcriminal record, especially with regard to any 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. Appointed guardians' criminal record shall be regularly reviewed by competent authorities to identify potential incompatibilities with their role. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.
Amendment 493 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2 a (new)
Article 23 – paragraph 1 – subparagraph 2 a (new)
Member States shall provide unaccompanied minors upon their arrival with: (a) immediate access to health care and education under the same conditions as their own national minors (b) all the necessary information about their rights, procedures and protection opportunities in a child- friendly manner and in a language they understand. To this end, the European Asylum Support Office shall assist Member States in producing reception material to inform children.
Amendment 533 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall take appropriate measures to ensure that authorities and other organisations implementing this Directive have received the necessary training with respect to the needs of both male and female applicants, as well as children. To that end, Member States shall integrate the European asylum curriculum developed by the European Union Agency for Asylum into the training of their personnel in accordance with Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum] and take into consideration the information material published by the European Asylum Support Office, such as the EASO Tool for Identification of persons with special needs.