Activities of Josep-Maria TERRICABRAS related to 2016/2009(INI)
Plenary speeches (1)
Situation of fundamental rights in the European Union in 2015 (debate)
Shadow reports (1)
REPORT on the situation of fundamental rights in the European Union in 2015 PDF (893 KB) DOC (123 KB)
Shadow opinions (2)
OPINION on the situation of fundamental rights in the European Union in 2015
OPINION on the situation of fundamental rights in the European Union in 2015
Amendments (117)
Amendment 1 #
Motion for a resolution
Citation 1
Citation 1
— having regard to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU),
Amendment 1 #
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas the inclusion of the Charter of Fundamental Rights as a binding core element within the scope of the Lisbon Treaty generated high expectations among EU citizens of a high level of civic and social protection;
Amendment 2 #
Draft opinion
Recital A
Recital A
A. whereas petitions to Parliament serve as an important instrument for citizens to report breaches of fundamental rights they may have experienced in Member States where they reside;
Amendment 5 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,
Amendment 5 #
Draft opinion
Recital B
Recital B
B. whereas almost a hundred petitions received by Parliament in 2015 directly concerned alleged breaches of fundamental rights referred to in the Charter of Fundamental Rights of the European Union; whereas during the treatment of petitions further problems of effective protection by the Charter may also emerge;
Amendment 7 #
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
- having regard to the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders,
Amendment 7 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Believes that the conclusions and opinions of the European Union Agency for Fundamental Rights as well as the case law of the Court of Justice of the European Union constitute a good basis for the interpretation of Article 2 TFEU and the scope of the rights enshrined in the Charter of Fundamental Rights;
Amendment 7 #
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas some breaches of fundamental rights do not take place only directly, but are also contextually created by environmental degradation; whereas Article 37 of the Charter provides for the right to environmental protection; whereas a relevant proportion of petitions received deal with undergone or potential environmental aggressions;
Amendment 8 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Notes the obligation laid down in the Treaties to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR); underlines the fact that the Treaties recognise that fundamental rights, as guaranteed by the ECHR and as they result from the constitutional traditions common to the Member States, constitute general principles of the Union's law;
Amendment 10 #
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas Article 34 of the Charter establishes the fundamental right to social security and assistance; whereas universal public health coverage of quality is an essential pillar of social security; whereas social housing for a decent existence falls within the scope of this article; whereas access to affordable energy supply is an essential part of life dignity;
Amendment 12 #
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that in case of systemic threats to the rule of law, Article 7 and Rule of Law Framework procedures should be launched to provide remedies; considers it important to establish a new consensus between the EU and its Member States regarding respect for democracy, the rule of law and fundamental rights;
Amendment 12 #
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas there is still a gap in the extent to which women fully enjoy their fundamental rights in comparison to men, particularly when it comes to the effective implementation of the provisions within the Equality and Solidarity titles of the Charter in their daily lives;
Amendment 13 #
Draft opinion
Recital C c (new)
Recital C c (new)
Cc. whereas Article 24 of the Charter sets up the fundamental right of children; whereas hundreds of petitions were received in 2015 concerning children custody matters, in most of the cases with cross-border implications; whereas a specific working group was created to more effectively deal with the core of these matters;
Amendment 15 #
Draft opinion
Recital D
Recital D
D. whereas the joint-report of the Committee on Petitions onand the Committee on Civil Liberties, Justice and Home Affairs on the Special Report of the European Ombudsman’s in own-initiative inquiry OI/5/2012/BEH-MHZ concerning Frontex established that Frontex has a duty to uphold the EU’s standards on the fundamental rights of asylum seekers in its day-to-day operationsreminded that according to its Regulation (EU) No 1168/2011 the Agency is required to ensure full respect for fundamental rights and for the rights of migrants, refugees and asylum seekers in its operations; whereas this obligation includes, but it is not limited to, the setting-up of an incident reporting system as well as devising codes of conduct;
Amendment 18 #
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
– having regard to the report of 22 July 2014 of the UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non- recurrence,
Amendment 18 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes, however, that Article 7 is a last resort mechanism that has not been used effectively because of the difficulty to reach a decision with such high thresholds for voting and in a body where political considerations play a prominent role;
Amendment 18 #
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas the current narrow interpretation of Article 51 of the Charter on its scope of application represent a real obstacle for the effectiveness of its previous provisions, which can fall short of the expectations and eventually lead to an increasing disaffection in citizens; whereas the Petitions committee recently organised a specific hearing to debate about the need of broadening the scope of the Charter;
Amendment 19 #
Draft opinion
Recital D b (new)
Recital D b (new)
Db. whereas the Union cannot afford cases of suppression or undermining of fundamental civil rights such as freedom of information, nor tolerate abuse of power and institutional racism and xenophobia within its borders, as depicted by some petitions;
Amendment 21 #
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the importance of ensuring full respect for the Charter of Fundamental Rights throughout the whole legislative process; welcomes in this regard the Better Regulation Agreement, and draws attention to the significant role of comprehensivedraws attention to the importance to include an analysis on the impact on fundamental rights in impact assessments, as well as ofa close cooperation between the EU institutions;
Amendment 23 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Points out that the purpose of security and justice policies is to protect freedom and fundamental rights; stresses therefore that legislation and policy making in this field must be in line with the Charter of Fundamental Rights;
Amendment 27 #
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that further efforts should be made towards a consistent and uniform implementation of the Charter, including through awareness-raising measures among practitioners and the general publice establishment of a common EU binding mechanism to respond to breaches of the rule of law and fundamental rights at Member State level;
Amendment 27 #
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that citizens’ expectations regarding the protection of their fundamental rights under the Charter are often disappointed, which may aggravate their disenchantment with the European project; notes that the general public has a limited grasp of the field of application of the Charter; believes that the European Commission and the Member States could do more to promote knowledge of the Charter, in particular the effect of its Article 51believes that the European Commission and the Member States could do more to promote the Charter; considers that the interpretation of its Article 51 should be broadened, paving the way for its deletion in an upcoming treaty revision;
Amendment 30 #
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to the European Union Guidelines on Human Rights Defenders,
Amendment 31 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that all Union institutions, including each one of its agencies and bodies; agencies and Member States are bound by the provisions of the Charter of Fundamental Rights;
Amendment 38 #
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the rights of people with disabilities, who strive to live a life as close to normal as possible to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community; calls on the Commission and the Member States to ensure that these rights are properly respected and applied, notably the rights resulting from the ratification of the United Nations Convention on the Rights of Persons with Disabilities; is of the opinion that EU funds should not go towards projects that are in breach of this fundamental right, such as projects that aim to segregate people with disabilities from the community;
Amendment 39 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes its ongoing report on the Establishment of an EU mechanism on democracy, the rule of law and fundamental rights and urges the Commission, once adopted, to take into account its conclusions and to propose a EU binding mechanism to respond to breaches of the rule of law and fundamental rights at Member State level;
Amendment 42 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Emphasises the key role that an independent and expert body should play in measuring the progress of, and monitoring the compliance with, the shared values of the Union, as enshrined in Article 2 TEU;
Amendment 43 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Proposes to widen the mandate of the Fundamental Rights Agency to include the monitoring of fundamental rights and the rule of law in all Member States, both within and beyond the application of EU law;
Amendment 44 #
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Calls on the establishment of an independent Copenhagen Commission that, in light of the assessment of the Fundamental Rights Agency, puts forward recommendations to enforce fundamental rights and the rule of law;
Amendment 45 #
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Proposes to enable the Commission, on the basis of the findings of the reports drafted by the Fundamental Rights Agency and the recommendations of the Copenhagen Commission, to initiate infringement procedures under Article 2 TEU, and, if necessary, the procedure under Article 7 TEU;
Amendment 47 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States to act, in accordance with the Charter, to ensure that citizens receive universal access to quality healthcare, justice, social services and education; underlines that asylum seekers who come into contact with Frontex should have their fundamental rights respected and should be offered full recourse to uphold those rights via an established complaints mechanism; welcomes the inclusion of an independent complaints mechanism within the Regulation of the European Parliament and of the Council on the European Border and Coast Guard, as one mechanism to monitor and ensure the respect for fundamental rights in all the activities of the Agency;
Amendment 52 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States to act, in accordance with the Charter, to ensure that citizens receive universal access to quality healthcare -including medicines and treatments for their diseases, such as hepatitis C-, justice, social services and education, as well as decent housing conditions; underlines that asylum seekers who come into contact with Frontex should have their fundamental rights respected and should be offered full recourse to uphold those rights via an established complaints mechanism;
Amendment 62 #
Motion for a resolution
Citation 36 a (new)
Citation 36 a (new)
- having regard to its resolutions on the use of torture by the CIA, in particular the latest dated 8 June 2016,
Amendment 62 #
Draft opinion
Paragraph 5
Paragraph 5
5. Deplores instances of discrimination against minorities, immigrants and asylum seekers, as well as restrictions on the freedom of the media regularly reflected in petitions; calls on the Member States to pay particular attention to these issues; welcomes the unblocking of the anti-discrimination directiveDirective on implementation of the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation in the European Council;
Amendment 63 #
Motion for a resolution
Citation 37 a (new)
Citation 37 a (new)
Amendment 78 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Asks the Commission to act without hesitation and making full use of its powers and prerogatives, sanctioning Member States failing to live up to the fundamental rights of freedom expression and information, of assembly and association, or which enact forms of power abuse or institutional racism and xenophobia, among others;
Amendment 80 #
Draft opinion
Paragraph 7
Paragraph 7
7. Notes the frequent recurrence of petitions about problems encountered by legally resident third-country spouses of EU citizens and non-EU-national permanent residents, particularly stateless persons, in exercising their rights;
Amendment 81 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that the introduction of national legislation undermining the investment climate on renewables, does not only constitute in some cases an attack to legal security as presented by some petitions received, but they can be considered also a breach of the Charter if they fail to transpose or implement legislation related to the Union’s energy and climate strategy;
Amendment 85 #
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for special attention to the rights of children, in particular in the context of cross-border custody disputes, and parentaldoptions without parental consent and visitation rights; calls on the Commission to provide clear guidance on the concept of ‘best interests of the child’ in the context of the revision of the Brussels IIA Regulation;
Amendment 87 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Urges the adoption of new legislation aimed at combating energy poverty and welcomes previous initiatives at any administrative level in the direction of guaranteeing universal access to energy; considers that taking specific measures to ensure affordable energy for every household falls within the scope of social security and social assistance provided for in Article 34 of the Charter; criticises decisions made that might prevent the safeguard of this right based on mere competence disputes between authorities;
Amendment 94 #
Motion for a resolution
Citation 44 a (new)
Citation 44 a (new)
– having regard to the procedure set out in the EU framework to strengthen the rule of law adopted by the Commission on 11 March 2014,
Amendment 94 #
Draft opinion
Paragraph 9
Paragraph 9
9. Welcomes the advances made in LGTBTI rights in 2015; remains concerned about ongoing discrimination on the grounds of sexual orientation and limits to the freedom of speech of LGTBTI people;
Amendment 100 #
Draft opinion
Paragraph 10
Paragraph 10
10. Encourages the Commission to take up stronglyeffectively take up the issue of national voting rights, particularly in cases where citizens are disenfranchised in national elections when they exercise their fundamental right to free movement and residence.
Amendment 102 #
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the institutions and bodies of the Union and Member States when they are implementing Union law to ensure a high-level of environmental protection and to adhere to the principle of sustainable development; regrets the over-development that is taking place in parts of the EU, which is having negative effects on the environment and the lives of European citizens and residents living in the areas affected.
Amendment 104 #
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Highlights the fundamental right to good administration; calls on Member States to lead by example by ensuring, amongst others, that their administrative processes are open, accountable, fair, transparent and proportionate.
Amendment 113 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas, under Article 2 TEU, the EU is founded on respect for human dignity, freedom, democracy, equality, the rule of law and human rights, including the rights of persons belonging to minorities, values which are shared by all the Member States and which must be upheld by the EU, and by each individual Member State, in everything they do;
Amendment 151 #
Motion for a resolution
Recital B
Recital B
B. whereas acts of terrorism constitute one of the most serious violations of fundamental rights and freedoms; whereas it is necessary to have adequate tools in place to protect EU citizens and residents and to respond properly to such violations within the framework of the rule of law and fundamental rights;
Amendment 175 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas most of the unsolved disappearances that occur in the EU each year are related to trafficking in human beings,
Amendment 177 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the legal, social and personal problems that a disappearance causes have a specific impact on those involved that must be recognised and addressed,
Amendment 208 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas today an informal system of quotas, as firstly mentioned in the Parliament's report of 3 February 2012 on women in political decision-making, is de facto still in play, where men are privileged over women and where men choose men for decision-making positions, which is not a formalised system but nevertheless a systematic and very real deep-rooted culture of preferential treatment of men;
Amendment 229 #
Motion for a resolution
Recital L
Recital L
L. whereas the EU institutions have already started procedures to overcome the so-called ‘Copenhagen dilemma’, not only for those countries applying for EU membership but also in Member States where the enforcement of fundamental rights values should be monitored and observed on a country by country basis in all circumstances;
Amendment 237 #
Motion for a resolution
Recital M
Recital M
M. whereas the migration crisis has triggered mistrust and rising hatred towards national minority communitiesrefugees and migrants in Europe are increasingly confronted with mistrust and hatred spurred by right-wing populism and extremism; whereas hate crimes against refugees, migrants and minorities increased dramatically in Europe,; which also affects traditional national minoritiereas the lives of people seeking protection in Europe in endangered by extremists attacking them and burning their accommodation centres;
Amendment 241 #
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas research has shown that not only did European countries collectively fail to address the urgent humanitarian and medical needs of refugees and migrants arriving at external or internal EU borders, but the European Union's deterrence and security-centred policies – developed over the last 15 years and further strengthened in 2015 – have increased the demand for migrant smuggling networks and pushed people towards ever more dangerous routes which jeopardise their health, dignity and lives;
Amendment 247 #
Motion for a resolution
Recital N
Recital N
N. whereas the FRA’s 2016 Fundamental Rights report found that increasing discrimination and anti- Gypsyism continue to pose challenges to effective Roma integration; whereas, according to the 2015 Eurobarometer survey on discrimination, ethnic origin is considered to be the most prevalent ground of discrimination;
Amendment 250 #
Motion for a resolution
Recital O
Recital O
O. whereas many persons of Roma origin in Europe face prejudice, intolerance, discrimination and social exclusion in their daily lives; whereas segregation of Roma children in schooling remains a persistent problem in some Member Statesmost Member States; whereas discrimination of Roma in the labour market prevents them to improve their ability to break out from the vicious circle of poverty;
Amendment 255 #
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas in 2015 the number of violent attacks targeting Jews in Europe has raised serious security concerns among Jewish communities; whereas Muslim communities have been disproportionately targeted by counter- terrorism legislation, policies and practices which can have a discriminatory bias when not grounded in reasonable suspicion or are not legitimate and proportionate; whereas people of African descent are particularly victims of discrimination and racism, in particular police violence and hate crime;
Amendment 293 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that in its relations with the wider world, the Union shall contribute to the protection of human rights; in that respect, calls upon the EU institutions to ensure a high level of the protection of human rights in external relations, as well as in internal policies having external consequences;
Amendment 345 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the social inclusion and cultural integration of all migrants and refugees in the host society is a dynamic, two-dimensional process (involving rights and duties), representing a challenge and an opportunity that requires responsibilities and efforts both by the refugees and by the Member States, their local and regional administrations and host communities;
Amendment 368 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on Member States to apply cultural, political and social inclusion policies as swiftly as possible and with adequate dedicated resources; recalls that social inclusion policies must engage local, regional and national institutions and should focus on individuals rather than on groups or communities, as this can lead to segregation;
Amendment 372 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Deplores the way in which the financial and economic crisis and the measures taken to deal with it have had an impact – in some cases a drastic one – on economic, social and cultural rights, resulting in poverty, exclusion and isolation; calls on the EU institutions and Member States, when adopting and implementing budget cuts, to guarantee that sufficient resources are still made available to guarantee fundamental rights, including economic and social rights;
Amendment 377 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Highlights the fact that the principles of equal treatment, non- discrimination and equal opportunities should always be ensured when designing and implementing social inclusion and integration policy and measures; stresses that multiple discrimination should be addressed holistically throughout all migration and integration policies; calls on Member States to refrain from inciting fear and hatred in their citizens towards migrants and asylum-seekers for political gains, therefore, calls on Member States to put an end to their strongly biased xenophobic communication strategies (such as anti-refugee billboard campaigns);
Amendment 397 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates that intercultural and inter-religious tolerance needs to be promoted via constant efforts and extensive dialogue and that the crisis arising from the waves of migration cannot be tacklintegration, social inclusion and social cohesion shall be promoted without the involvement of all relevant state and non-state actors, including churches and religious organisations;
Amendment 399 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is deeply concerned about ongoing serious violations of migrants' fundamental rights at the external borders of the European Union and reiterates that all people are entitled to enjoy their human rights, without discrimination, including on the basis of residence status, nationality and religion; and in this context reiterates that respect and promotion of fundamental rights are unconditional and integral components of border and migration management; calls on Member States to comply strictly with the provisions of the EU and international law, in particular with the principle of non-refoulement; stresses that any external cooperation in the field of migration is possible only with countries having equivalent level of fundamental rights protection in law and practice;
Amendment 410 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls that rules related to asylum seekers' and refugees' reception conditions must not deprive them of their fundamental rights to a dignified standard of living and to physical and mental health; reiterates that the use of detention for immigration purposes is restricted by international and EU law, and should thus only be used as a measure of last resort in the absence of adequate alternative measures, and that children should never be detained for immigration purposes; urges that safeguards in the Return Directive and guidance on their implementation included in the Return Handbook be fully implemented in the current context where returns are being politically prioritised;
Amendment 412 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on Member States to ensure the effective and early identification of asylum seekers with special needs, their prompt access to adapted reception conditions and the provision of procedural guarantees, also in cases of high influx; encourages Member States to establish or reinforce the required legal, social and medical services to that end;
Amendment 414 #
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Stresses that, while the development of a coherent EU-level approach to migration is long overdue, the establishment of a framework for cooperation on migration with third- countries based on sanctioning states that do not cooperate on readmission, return or prevention of irregular migration, in exchange for conditional development and trade cooperation, would be a serious abdication of responsibilities by the EU;
Amendment 416 #
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Recalls its resolutions of 14 September 2011 on homelessness and of 16 January 2014 on an EU homelessness strategy and in particular paragraph 10 and 11 thereof; deplores that the Commission has still failed to follow-up to this resolution; emphasises that the grounds for an EU homelessness strategy are still valid;
Amendment 423 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission initiatives to strengthen security cooperation between Member States and fully supports allcertain proposed measures to pave the way towards an effective Security Union, in particular the directive on combatting terrorism; stresses the importance of fully respecting the rule of law and fundamental rights in the fight against terrorism, in particular the freedom of movement, the freedom of expression and communication, as well as the right to data protection and privacy; insists on the need for democratic and judicial oversight of counter-terrorism; stresses that measures that in retrospect were not necessary, effective or proportionate need to be repealed, violations of fundamental rights investigated and redressed and new forms of democratic scrutiny developed; insists on the inclusion of sunset or periodic reauthorisation clauses in such measures and agreements; rejects the use of national security as a pretext to undermine fundamental rights;
Amendment 451 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that a European early warning and responsive system should be set up to identify groupindividuals that are at high risk of radicalisation; calls on the EU and the Member States to make greater efforts to prevent radicalisation via the Internet and social media, in particular among young people, and to assist the families of those who are at risk; encouragesregrets that Member States to exchange best pdo not use existing instruments of cooperation at their full extent; stresses that a closer cross-border cooperactices and to use intelligence-sharing mechanismson among the competent national and European authorities is needed with regard to exchange of information in order to fight terrorist networks more efficiently;
Amendment 459 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Believes that a comprehensive policy to prevent the radicalisation and recruitment of citizens of the Union by terrorist organisations can only be successful if accompanied by long-term proactive de-radicalisation processes in the judicial sphere; stresses the need to develop strategies on social inclusion, education, employment and housing and policies tackling discrimination and exclusion in order to prevent vulnerable individuals from joining violent extremist organisations;
Amendment 467 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Reiterates its resolve to ensure accountability for massive violations of fundamental rights, in particular, in the context of transportation and illegal detention of prisoners in European countries by the CIA, by means of open and transparent investigations; calls for a protection of those revealing such violations, such as journalists and whistleblowers;
Amendment 471 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Deplores the conditions in the prisons of numerous Member States; calls on the Commission to propose through legislative action minimum and enforceable standards which guarantee that the recommendations of the European Committee for the prevention of torture and inhuman or degrading treatment and punishment (CPT) and the judgments of the ECtHR are implemented both in the context of pre-trial detention and criminal punishment;
Amendment 474 #
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Reiterates the recommendations to the Commission made in its resolution of 27 February 2014 on the review of the European Arrest Warrant, notably as regards the introduction of a proportionality test and fundamental rights exception in the European Arrest Warrant or mutual recognition measures more generally;
Amendment 488 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Draws attention to the link between people-trafficking and the problem of missing persons in Europe; stresses the need for a comprehensive strategy to address the particular suffering of relatives of missing persons, given the particular legal, social and emotional nature of such cases; takes the view that this strategy should be launched with a Commission communication on this issue;
Amendment 489 #
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Considers that this strategy should focus on stepping up judicial and police cooperation, particularly during the initial phase following the reporting of disappearance suspected of being connected to a criminal offence, particularly in cross-border areas. Adds that training for the relevant staff should be promoted – with a special emphasis on caring for those affected by events – with the strong support of, and cooperation with, civil society organisations working in this field;
Amendment 498 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on Member States to make equal efforts to identify, protect and assist victims of all forms of exploitation; calls on Member States to implement the EU Anti-trafficking Directive fully and correctly and encourages the Member States, EU institutions and agencies to convene meetingoperate and exchange best practices within the framework the EU Network of National Rapporteurs or equivalent mechanisms on trafficking in human beings;
Amendment 529 #
Motion for a resolution
Subheading 5
Subheading 5
Hate crime and all forms of discrimination
Amendment 533 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Is concerned by increasing racism and xenophobia in the form of Afrophobia, anti-Gypsyism, Anti- Semitism, Islamophobia and anti-migrant sentiment; condemns incidents of hate crime and 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; welcomes the annual EU Colloquium on Fundamental Rights and the appointment of Coordinators on anti-Semitism and anti-Muslim hatred; encourages the Commission to appoint Coordinators on Afrophobia and anti-Gypsyism and recommends adoption of European frameworks for national strategies to combat Afrophobia, anti-Gypsyism, anti- Semitism and Islamophobia;
Amendment 555 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. WIs concerned at the growing presence of hate speech on the internet; recommends Member States to put in place a simple procedure enabling members of the public to report the presence of hate content on the internet; welcomes the Commission’'s announcement of the Code of Conduct on countering illegal hate speech online;
Amendment 561 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Deplores increasing levels of hate speech from within certain institutions, political parties, individuals and media; calls on the EU to set the example of opposing hate speech within the institutions; recommends the need for strengthened procedures sanctioning hate speech by officials and parliamentarians;
Amendment 572 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. CExpresses 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; calls on Member States to develop and disseminate tools and mechanisms for reporting hate crime and hate speech and to ensure that any case of alleged hate crime or hate speech is effectively investigated, prosecuted and tried in accordance with national law and, where relevant, in compliance with the Framework Decision on Racism and Xenophobia, European and international human rights obligations, as well as relevant ECtHR case law; expresses its concern that several Member States have not correctly transposed the provisions of Framework Decision; calls on the Commission to propose a review of the Framework Decision in order for to fully cover all forms of hate crimes and crimes committed with a bias or discriminatory motive related to the victims' personal characteristics, including on grounds of sexual orientation, gender identity and gender expression, and to clearly define consistent investigation and prosecution standards;
Amendment 578 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Deems it crucial that all EU Member States cooperate with national or international judicial investigations attempting to clarify responsibilities and endeavouring to ascertain the truth and secure justice and redress for the victims of crimes against humanity committed in the Union by totalitarian regimes. Calls on the Member States to provide the necessary training for legal practitioners in this area; urges the European Commission to conduct an objective assessment of the state of play in such processes to foster democratic remembrance in all Member States; Warns that failing to comply with international recommendations on democratic remembrance and the principles of universal jurisdiction is a breach of the basic principles of the rule of law;
Amendment 581 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Strongly deplores the fact that the Council has still not adopted the 2008 proposal for a directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the prioritisation of this directive by the Commission; reiterates its call to the Council to adopt the proposal as soon as possible;
Amendment 585 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Notes the intersectionality between gender and other grounds of discrimination and the disproportionate impact of multiple discrimination on women; encourages Member States to work with regional and local authorities, law enforcement bodies, national equality bodies and civil society organisations to increase monitoring of the intersectionality between different grounds of discrimination and gender;
Amendment 586 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Condemns all forms of discrimination and violence against lesbian, gay, transgender, bisexual and intersex people (LGBTI), as fostered by laws and policies that restrict the fundamental rights of LGBTI people; calls on the Commission and Member States to adopt laws and policies to combat homophobia and transphobia; calls, in this regard, on the Commission to issue an action plan or strategy for equality on grounds of sexual orientation and gender identity, as repeatedly called for by the Parliament and as promised by Commissioner Jourova in the process of the Commission hearings;
Amendment 587 #
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Recognises that the full extent of inequality in the EU remains unacknowledged in the absence of comparable and disaggregated equality data collected by Member States; considers the collection of such data by Member States essential for meaningful policies implementing EU equality law; calls on the Commission and the Council to acknowledge the need for reliable and comparable equality data to measure discrimination, disaggregated according to discrimination grounds, in order to inform policy-making; calls on both institutions to define consistent equality data collection principles, based on self- identification, EU data protection standards and the consultation of the relevant communities;
Amendment 590 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the EU and the Member States to strengthen the role of human rights and democracy education in national curricula as a tool for preventing racism and related intolerance, and calls for greater rights awareness; considers that a complete human rights education must also adequately include education on past human rights injustices and institutional racisms, and the importance of memory for formerly oppressed groups such as the victims of slavery;
Amendment 618 #
Motion for a resolution
Subheading 6
Subheading 6
Violence against women and women's rights
Amendment 626 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights that improvements are still needed to combat violence against women, and calls on the Member States and the EU to sign and ratify the Istanbul Convention following the launch of the procedure by the Commission in March 2016; stresses that victims of gender-based harm, torture, rape, or other serious forms of psychological, physical or sexual violence should receive appropriate treatment and support, in line with internal rules and international obligations applicable to victims of violence such as the UN Convention against Torture and the Istanbul Convention; reiterates the request to the Commission made in its resolution of 25 February 2014 with recommendations to the Commission on combating Violence Against Women to submit a proposal for an act establishing measures to promote and support the action of Member States in the field of prevention of violence against women and girls (VAWG);
Amendment 667 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that no cultural, religious, national or ethnic background or migration status can justify any form of gender-based violence and that EU and national authorities should strengthen their cooperation;
Amendment 675 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Deplores the Commission decision to withdraw the Maternity Leave Directive; calls on the Commission to put forward a new proposal and to respect Parliament's position to increase the current minimum guaranteed maternity leave from 14 to 20 weeks fully paid and for the mandatory right to paid paternity leave;
Amendment 707 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes with concern that child poverty rates remain high in the EU; encourages Member States and the EU to launch programmes specifically targeting the well-being and healthy development of children; calls on Member States to step up their efforts on tackling child poverty and social exclusion through effective implementation of the European Commission Recommendation 'Investing in children: breaking the cycle of disadvantage' through integrated strategies supporting access to adequate resources, enabling access to affordable quality services and promoting children's participation in decision making that affects them; calls on the Commission to take further measures for monitoring the implementation of the Recommendation;
Amendment 724 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for a focus on violence against children at all levels, from homes to schools, public places and to end detention centres for migrantof migrant children and families;
Amendment 728 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for a multi-stage system in child protection based on the best interests of the child, which should not be designed to punish parents and care-givers, but to send a clear message that all forms of physical and emotional violence against children are unacceptable, and in which the separation of the child from the family would be the very last stepresort; reminds that state care for children is always more costly than an adequate and well-targeted support for families living in poverty;
Amendment 743 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. RecCalls that children and babies are often used in begging to trigger greon the Member States to increase their efforts in providing adequater sympathy and more money; calls for the criminalisation of forced begging and of all forms of using children for this practice inocial protection for families living in poverty and calls the Commission to help those efforts by spending EU funds in a more targeted and more effective manner; reiterates that fundamental rights apply horizontally and must be respected by the Commission and the EU Member States, as it endant all stagers the child’s health and its social and mental integrityof implementation of ESI Funds;
Amendment 759 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Recognises and deplores the impact of the current situation at the external borders of the European Union on children, and reiterates the right of every child to be treated as a child first and foremost without any discrimination; calls for the EU and Member States to ensure that all migration and asylum policies and actions include appropriate child rights impact assessments, best interests of the child determination procedures and decision-making and corrective processes to ensure compliance with children's rights;
Amendment 760 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Highlights that the announcementinformation by Europol that at least 10 000 unaccompanied refugee and migrant children went missing in the EU in 2015 has clearly shown that Member States and European agencies have to stepfailed to live up to their efforts urgently in terms of cross-border cooperation, information exchanges and joint investigations and operations in order to fight trafficking in human beings; notes that appointing guardians to unaccompanied children is an important safeguard to ensure their best interests; calls for registration and the use of convenient and dependable identification tools for children of all ages until they enter the inclusion process in order to prevent their disappearanceobligation to protect this particularly vulnerable group of children; notes that appointing guardians to unaccompanied children is an important safeguard to ensure their best interests;
Amendment 779 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Highlights that tradinational nationalor ethnic, religious and linguistic minorities who have been living together with or alongside traditional majority cultures for centuries in Europe are facing the negative consequences of the migration crisis, i.e. mistrust towards non- majority autochthonous minorities; believes that the solution to this problem l; believes that it is necessary to establish EU standards on protecting the rights of such minorities, as preserving European heritage gives added value to diversity; encourages the Member States that have not yet done so to ratify the Framework Convention for the Protection of National Minorities inand the establishment of minimum standards on protecting the rights of traditional minoEuropean Charter for Regional or Minority Languages without further delay and, where relevant, to withdraw reservations and restricties, as preserving European heritage gives added value to diversity; ve declarations, as well as to implement the treaties in good faith; recalls also the need to implement the principles developed in the framework of the OSCE;
Amendment 796 #
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Calls on the governments of the Member States to condemn practices which, by means of linguistic discrimination or enforced or concealed assimilation, have in the past been – or are now – directed against the identity and language use of endangered linguistic communities or their cultural institutions;
Amendment 801 #
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. In the Framework Convention for the Protection of National Minorities (FCNM) adopted by Committee of Ministers of the Council of Europe in 1994, calls on the European Commission to elaborate a European level Directive in order to tackle language discrimination, as there are Directives on how to tackle racism and xenophobia;
Amendment 806 #
Motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30 c. Calls on the European Commission to strengthen its plan to promote the teaching and use of regional languages, as a potential way to tackle language discrimination in the EU;
Amendment 852 #
Motion for a resolution
Paragraph 38
Paragraph 38
38. Notes that active ageing and inter- generational solidarity are important issues with respect to Europe’'s demographic changes that can be strengthened through a human rights-based approach;
Amendment 855 #
Motion for a resolution
Paragraph 39
Paragraph 39
39. Highlights that discrimination on the basis of age is highly prevalent in today's societies and is often combined with other forms of discrimination, such as discrimination on grounds of race and ethnicity, religion, disability, health or socio-economic conditions;
Amendment 865 #
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Notes that older persons face a number of particular challenges in the enjoyment of their human rights that have not yet been fully addressed;
Amendment 877 #
Motion for a resolution
Paragraph 39 b (new)
Paragraph 39 b (new)
39 b. Calls on the EU and the Member States to be actively involved in the UN Open-Ended Working Group on Ageing and step up their efforts to protect the rights of older people, including by considering the elaboration of a new legal instrument;
Amendment 879 #
Motion for a resolution
Paragraph 39 c (new)
Paragraph 39 c (new)
39 c. Invites the EU and Member States to come up with a common assessment of the progresses made in the implementation of the Regional Implementation Strategy of the Madrid International Plan of Acting on Ageing in 2017, identifying, in full respect of the principle of subsidiarity, the areas of common EU policy action that are relevant for the implementation of the Strategy;
Amendment 885 #
Motion for a resolution
Paragraph 40
Paragraph 40
40. Notes that people belonging to the Roma minority are entitled to freedom of movement, and calls on the Member States not to plan resettlement policies based on ethnic reasons; is concerned that people belonging to the Roma minority are disproportionately subjected to forced evictions in many Member States;
Amendment 890 #
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Recalls that several court cases have proven that unjustified placement of Roma children into special schools or classes is a part of segregation mechanisms, which effects extremely negatively the later life perspectives of those children;
Amendment 893 #
Motion for a resolution
Paragraph 41
Paragraph 41
41. CReminds that the discrimination of Roma in the field of labour, housing, education, health or any other domain is unacceptable and harmful for the society of Europe; therefore calls on Member States, in the light of the Commission’s Report on the implementation of the EU Framework for National Roma Integration Strategies 2015, to put in place specific measures to fight ethnic discrimination against Roma in line with the Racial Equality Directive provisions and the European Convention on Human Rights, and to combat anti-Gypsyism in line with the Framework Decision on Racism and Xenophobia; calls for the FRA to continue its data collection on the situation of Roma and develop and propose a "dashboard" of Roma inclusion indicators that would make possible tracking progress in that area; calls for the development of the European Framework for National Roma Integration Strategies into a fully-fledged European Strategy;
Amendment 901 #
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Notes that Roma people should benefit from the EU funds on an equal footing; therefore calls on the Commission and the Member States to pay special attention that all programs are implemented in a way that directly and clearly reduces the gaps in the field of education, health, labour and housing between Roma and non-Roma;
Amendment 928 #
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42 a. Recalls that freedom of expression, information and the media are fundamental with a view to ensuring democracy and the rule of law; strongly condemns violence, pressure or threats against journalists and the media, including in relation to the disclosure of information about breaches of fundamental rights; calls for a decriminalization of defamation;
Amendment 929 #
Motion for a resolution
Paragraph 42 b (new)
Paragraph 42 b (new)
42 b. Stresses that the right to freedom of movement and residence of European citizens and their families laid down in the Treaties and guaranteed by the Directive on freedom of movement is one of the fundamental rights of European citizens; condemns any attempt to review this acquis, and calls for any breach of the rules to result in action before the Court of Justice, particularly in cases where the principle of non-discrimination on grounds of nationality, ethnic or racial origin or sexual orientation is breached; expresses its concerns about the growing trend of quick expulsions of EU citizens from their countries of residence as a result of the loss of their jobs and income, considers that this is contrary to the spirit of the freedom of mobility;
Amendment 931 #
Motion for a resolution
Paragraph 43
Paragraph 43
43. Considers it necessary to reduce administrative burdens on participation in public life and to promote e-governance EU-wide, and calls for the effectiveness of mechanisms such as the citizens’ initiative to be strengthened; believes that stateless persons and third country nationals permanently resident in the Member States should have the right to vote in local and European elections;
Amendment 945 #
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Underlines the need to combat environmental crime as a matter of priority; urges the Commission to examine the effective implementation in the EU of the right of access to justice in the context of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being;
Amendment 951 #
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Notes that some directives (or minimum rules) have been adopted in recent years regarding judicial cooperation in criminal matters. Stresses, however, that there are European rules in the field of justice and home affairs that must be implemented in order to guarantee the fundamental rights of individuals subject to criminal proceedings. Calls, therefore, on the European Commission to safeguard the uniform application in all Member States of rules such as Council Framework Decision 2008/909/JHA of 27 November 2008, Council Framework Decision 2008/675/JHA of 24 July 2008 and Council Framework Decision 2009/948/JHA of 30 November 2009. Considers it important to maintain the social roots of prisoners and calls for the application of the Charter of Fundamental Rights of the EU to every person in prison.
Amendment 957 #
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Calls on the Commission to be more resolute in its use of the instruments at its disposal under the framework for the prevention of systemic threats to the rule of law in EU countries, by applying the prevention capacities provided for in the phases involving objective assessment and dialogue with the Member State concerned in cases of clear and serious breaches of the European Charter of Fundamental Rights, even if those breaches are not strictly related to the implementation of EU law;
Amendment 963 #
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46 a. Reiterates its call to create an effective system of monitoring of respect for democracy, the rule of law and human rights in each Member State;