Activities of Malin BJÖRK related to 2022/0426(COD)
Reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims
Amendments (28)
Amendment 76 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In order to increase coordination of all bodies working on trafficking in human beings, and reinforce national policy responses, it is necessary to establish National Anti-trafficking Coordinators (NATC). Member States should ensure the allocation of sufficient resources to national anti-trafficking coordinators for the effective and adequate performance of their tasks.
Amendment 77 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to enhance the national capability to detect and identify victims at an early stage, and to refer them to the appropriate protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation. National referral mechanisms should ensure a human-rights centred system aimed at detecting, identifying, supporting and assisting victims of trafficking and their referral to responsible national organisations and bodies, including focal points. It should be based on a multi- stakeholder approach, involving competent authorities and relevant civil society organisations active in this field. It should be possible to have several focal points for different forms of trafficking.
Amendment 87 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
Amendment 99 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) In order to effectively prevent and combat trafficking for sexual exploitation, it is important to acknowledge that efforts to criminalise the knowing use of services of victims of trafficking in human beings have not resulted in demand reduction. Also, traffickers tend to drive their victims to countries where prostitution is regulated and lawfully practised since it easier for them to use legal environments in order to exploit the victims. Countries that legislated on demand globally with measures targeting the purchase of sexual acts and criminalising the exploitation of the prostitution of others, focusing on the roots of the prostitution and its links with trafficking systems have proven effective.
Amendment 123 #
Proposal for a directive
Recital 11
Recital 11
(-1) Recital 11 is amended as follows: (11) In order to tackle recent developments in the phenomenon of trafficking in human beings, this Directive adopts a broader concept of what should be considered trafficking in human beings than under Framework Decision 2002/629/JHA and therefore includes additional forms of exploitation. Within the context of this Directive, forced begging should be understood as a form of forced labour or services as defined in the 1930 ILO Convention No 29 concerning Forced or Compulsory Labour. Therefore, the exploitation of begging, including the use of a trafficked dependent person for begging, falls within the scope of the definition of trafficking in human beings only when all the elements of forced labour or services occur. In the light of the relevant case-law, the validity of any possible consent to perform such labour or services should be evaluated on a case-by-case basis. However, when a child is concerned, no possible consent should ever be considered valid. The expression ‘exploitation of criminal activities’ should be understood as the exploitation of a person to commit, inter alia, pick-pocketing, shop-lifting, drug trafficking and other similar activities which are subject to penalties and imply financial gain. The definition also covers trafficking in human beings for the purpose of the removal of organs, which constitutes a serious violation of human dignity and physical integrity, as well as, for instance, other behaviours such as illegal adoption, forced marriage and surrogacy, in so far as they fulfil the constitutive elements of trafficking in human beings.
Amendment 128 #
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) Member States should ensure that a guardian is appointed to unaccompanied child victims of trafficking in human beings to represent, assist and act on their behalf in order to safeguard their best interests and general well-being. When, in accordance with this Directive, a guardian and/or a representative are to be appointed for a child, those roles may be performed by the same person or by a legal person, an institution or an authority.
Amendment 136 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/36/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
(1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption and surrogacy” is added at the end of the paragraph.
Amendment 145 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2011/36/EU
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(2a) in article 4, paragraph 2, a new indent is added : (aa) was committed placing a child in residential or closed-type institutions or taking advantages of the vulnerability of children already living in these institutions;
Amendment 146 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2011/36/EU
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(2b) in article 4, paragraph 2, a new point is added after (d): "(da) was committed by means of information or communication technologies sharing or threatening to share images, videos or other material linked to the exploitation of the victim to other users or sending messages with the intention to keep the victim in a situation of exploitation, to place the victim in a situation of vulnerability, to cause psychological harm or to obtain economic benefits.
Amendment 157 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Directive 2011/36/EU
Article 5 – paragraphs 1 and 2
Article 5 – paragraphs 1 and 2
(2c) in Article 5, paragraphs 1 and 2 are amended as follows: 1. Member States shall take the necessary measures to ensure that legal persons can be held liable for the offences referred to in Articles 2, 3 and 18a committed for their benefit by any person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on: (a) a power of representation of the legal person; (b) an authority to take decisions on behalf of the legal person; or (c) an authority to exercise control within the legal person. 2. Member States shall also ensure that a legal person can be held liable where the lack of supervision or control, by a person referred to in paragraph 1, has made possible the commission of the offences referred to in Articles 2, 3 and 18a for the benefit of that legal person by a person under its authority.
Amendment 191 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 – paragraph 4
Article 11 – paragraph 4
4. In Article 11, paragraph 4 is replaced by the following: Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the earlydetection, identification of, assistance to, and support for presumed and formally identified victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims. Detection and identification shall incorporate an articulated multi-stakeholder approach.
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2011/36/EU
Article 14
Article 14
(4a) Article 14, paragraph 1, is amended as follows: 1. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims of trafficking in human beings, in the short and long term, in their physical and psycho-social recovery, are undertaken following an individual assessment of the special circumstances of each particular child victim, taking due account of the child’s views, needs and concerns with a view to finding a durable solution for the child, including programs to support their transition to emancipation and adulthood in order to avoid re- trafficking . Within a reasonable time, Member States shall provide access to education for child victims and the children of victims who are given assistance and support in accordance with Article 11, in accordance with their national law. Member States shall provide accommodation for child victims without depriving them of liberty.
Amendment 215 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Directive 2011/36/EU
Article 14 – paragraph 2
Article 14 – paragraph 2
(4b) In article 14 paragraph 2, the following paragraph is added at the end: This provision shall apply also if the child is a victim of trafficking in human beings while being under the guardianship of a public or a private institution.
Amendment 220 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)
Article 1 – paragraph 1 – point 4 c (new)
Directive 2011/36/EU
Article 16 – paragraph 3
Article 16 – paragraph 3
(4c) Article 16 paragraph 3 is replaced by the following: Member States shall ensure that a guardian is appointed to unaccompanied child victims of trafficking in human beings to represent, assist and act on their behalf, as applicable, in order to safeguard their interests and general well- being and so that the unaccompanied minor can benefit from the rights under this Directive and that the necessary measures are taken to determine their identity and nationality and to find their family, provided that this is in the best interest of the child.
Amendment 222 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 d (new)
Article 1 – paragraph 1 – point 4 d (new)
Directive 2011/36/EU
Article 16
Article 16
(4d) In Article 16, the following paragraph is added at the end: (5a) Member States shall take appropriate action to facilitate cooperation between each other in cases of disappearance of unaccompanied child victims of trafficking in human beings to find and protect them.
Amendment 231 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 e (new)
Article 1 – paragraph 1 – point 4 e (new)
Directive 2011/36/EU
Article 18
Article 18
(4e) In Article 18, the following paragraph is added after paragraph 1: (1a) In the case of children, Member States shall ensure that child protection systems, including residential or closed- type institutions, develop specific plans to prevent trafficking in human beings.
Amendment 232 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 f (new)
Article 1 – paragraph 1 – point 4 f (new)
Directive 2011/36/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 241 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 g (new)
Article 1 – paragraph 1 – point 4 g (new)
Directive 2011/36/EU
Article 18
Article 18
(4g) In Article 18, the following paragraph is added at the end: (4a) Member States shall envisage anti- trafficking measures as part of their emergency response plans and facilitate cooperation and coordination between each other in order to prevent and reduce the occurrence of trafficking in human beings in such contexts.
Amendment 253 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
Article 18
1a. in article 18a, the following paragraph is added after paragraph 1: (1a) In order to discourage the demand for trafficking in human beings for sexual exploitation, Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) procuring, hiring, or enticing another person for the purposes of prostitution; (b) obtaining any profit from the prostitution of another person.
Amendment 262 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
Article 18
2. Member States shall take the necessary measures to ensure that an offence as established in accordance with paragraphs 1 isand 2 are punishable by effective, proportionate and dissuasive penalties and sanctions.
Amendment 265 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
Article 18
2a. in article 18a, the following paragraph is added after paragraph 2 2a. Member States shall also consider taking measures regarding those who solicit, accept or obtain a sexual act from a person in exchange for remuneration, the promise of remuneration, the provision of a benefit in kind or the promise of such a benefit.
Amendment 267 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2011/36/EU
Article 18
Article 18
Amendment 269 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
Directive 2011/36/EU
Article 19
Article 19
(6b) Article 19 is replaced by the following: "Article 19 National Anti-trafficking Coordinators 1. Member States shall take the necessary measures to establish national anti-trafficking coordinators (NAC) and provide them with the adequate resources necessary for effectively carrying out their functions. The national anti-trafficking coordinator shall work in close cooperation with other relevant national, regional and local bodies and agencies, particularly national referral mechanisms and focal points, and with relevant civil society organisations active in this field. 2. The NAC shall support the government in the development of coherent and effective policies, including the National Action Plans covered in Article 19c, to assist, support and protect victims. The NAC shall be responsible for the carrying out of assessments of root causes and trends in trafficking in human beings, the measuring of results of anti- trafficking actions, including at least the gathering of statistics covered in Article 19a, the assessment of the impact of those measures on victims' rights and reporting. These tasks shall enable the identification of failures and serve to improve and further develop measures to prevent and combat trafficking. 3. Member States may also establish independent national rapporteurs or equivalent mechanisms to monitor the impact of anti-trafficking measures, submitting to the competent national authority annual reports and monographic reports on matters considered to be serious, urgent or requiring special attention and receiving complaints about the functioning of the bodies and agencies in charge of combatting trafficking.¨
Amendment 272 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 c (new) Directive 2011/36/EU
Article 1 – paragraph 1 – point 6 c (new) Directive 2011/36/EU
(6c) The following Article 19a is inserted: "Article 19a National referral mechanisms for detection, identification, and protection Member States shall establish National Referral Mechanisms in accordance with article 11.4 with competences in at least the following areas: (a) Detection, establishing minimum common standards, adapting the procedures to the different forms of exploitation covered by this directive and setting up contingency plans for sensitive environments; (b) Identification, promoting, coordinating and, where appropriate, financing identification programmes, and developing tools for risk assessment including in humanitarian crises; (c) Protection, establishing binding mechanisms to harmonise assistance to victims and common minimum standards in reception centres and programmes, including making referrals of victims to specific shelter and/or psychosocial support resources; (d) Multi-stakeholder coordination to ensure effective coordination and cooperation and a coherent implementation of National Action Plans."
Amendment 273 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a
Article 19 a
Article 19ab
Amendment 275 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point a
Article 19 a – paragraph 2 – point a
(a) the number of detected and registered victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult), citizenship, and form of exploitation; including the number of children without parental care and unaccompanied minors, citizenship, disability, ethnic or racial origin, and form of exploitation, indicating whether there are victims who are subjected to more than one form of exploitation;
Amendment 291 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 c (new)
Article 19 c (new)
3a. The following Article 19c is inserted: “Article 19c National Action Plans 1. Member States shall develop National Action Plans, in cooperation with national anti-trafficking coordinators, national referral mechanisms, and relevant civil society organisations active in the field to prevent and combat trafficking in human beings (the ‘national action plans’) by ... [Date - two years from the date of entry into force of this Directive]. 2. Member States shall ensure that the national action plans are reviewed and updated every five years."
Amendment 292 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2011/36/EU
Article 20
Article 20
(7a) Article 20 is replaced by the following: 1. In order to contribute to a coordinated and consolidated Union strategy against trafficking in human beings, Member States shall facilitate the tasks of an EU anti-trafficking coordinator (ATC). In particular, Member States shall transmit to the ATC at least the information referred to in Article 19 and 19b. The ATC shall contribute to reporting carried out by the Commission every two years on the progress made in the fight against trafficking in human beings, in consultation with national anti- trafficking coordinators, national rapporteurs and equivalent mechanisms, EU agencies and relevant civil society organizations active in the field. 2. In order to transmit the information referred to in paragraph 1 and to ensure a coherent cooperation, Member States shall establish a coordination structure between the ATC, national anti-trafficking coordinators, national referral mechanisms and relevant civil society organizations active in the field.