Activities of Marina ALBIOL GUZMÁN related to 2016/2009(INI)
Plenary speeches (2)
Situation of fundamental rights in the European Union in 2015 (A8-0345/2016 - József Nagy) ES
Situation of fundamental rights in the European Union in 2015 (debate) ES
Shadow opinions (1)
OPINION on the situation of fundamental rights in the European Union in 2015
Amendments (56)
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 37 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the need to guarantee the fundamental rights of women in all areas of public life, particularly with regard to social and political participation; calls on the Commission and the Member States to implement policies to actively uphold these rights, in line with the UN Resolution 66/130 of 19 December 2011 on women and political participation;
Amendment 44 #
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 possibleon equal terms; 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;
Amendment 49 #
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 all quality public 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 services;
Amendment 55 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the existence of Frontex and a militarised border policy is placing at risk the fundamental rights of migrants;
Amendment 64 #
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 directive in the European Council and calls for it to be adopted and implemented;
Amendment 69 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to guarantee the fundamental rights of citizens from non-EU countries, particularly asylum seekers, living in an EU country as laid down in the Charter of Fundamental Rights; expresses its concern at the constant infringement of fundamental rights in centres for the detention and internment of foreign nationals;
Amendment 92 #
Draft opinion
Paragraph 9
Paragraph 9
9. Welcomes the advances made in LGTB rights in 2015; remains concerned about ongoing discrimination on the grounds of sexual orientation, gender identity and limits to the freedom of speech, assembly and association of LGTB people;
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 97 #
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes the infringement of the fundamental rights of intersex people in the European Union, who enjoy only limited entitlement to even their own identity;
Amendment 158 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas family reunification, although a basic human right, is systematically delayed and even violated, and whereas women and children are the first victims of this right being denied or delayed;
Amendment 351 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out to the urgent need of facilitating family reunification; condemns in this respect all changes in national legislations that have led to restricting the right to family life of persons fleeing persecutions and its dramatic consequences for families being separated and at risk of death or starvation in countries of origin and transit, and at risk of segregation and abandonment in detention centres located in EU member countries;
Amendment 355 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Whereas the Commissioner for Human Rights at the Council of Europe in the issue paper "the right to leave a country" states that EU Member States have adopted a panoply of measures which have the effect of preventing people from leaving the country , including mandatory visa requirements which only prevent some people from leaving the state of origin and transit, to readmission agreements which have the effect of enabling EU Member States to send back anyone, citizen or foreigner, who is found irregularly present in the state of entry (and who has passed through or is a citizen of the state of origin and transit);
Amendment 359 #
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Whereas the Commissioner for Human Rights at the Council of Europe expressed in the issue paper "the right to leave a country" that the right to leave a State belongs not only to citizens of a particular state but also to foreigners; whereas States are not entitled to place obstacles in the way of foreigners leaving their countries irrespective of where the foreigners seek to go;
Amendment 360 #
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Urges the Commission to propose a revision of Regulation 862/2007 so that it will include gender-differentiated statistical data on the operation of detention facilities; this revision should also require collection of gender- disaggregated data at registration sites and in first-line and long-term reception facilities, as well as data on vulnerable groups including but not limited to LGBTI persons or with disabilities, in order to improve understanding of and response to the specific needs of refugees, and asylum-seekers;
Amendment 362 #
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Highlights the double discrimination that migrant women face, as both migrants and as women, and the special circumstances that they may face in detention or reception centres, such as physical safety and harassment concerns, and their need for access to feminine hygiene supplies, privacy, and reproductive healthcare;
Amendment 374 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to propose a non-exhaustive of "humanitarian grounds" for the release of humanitarian visas to offer Member States a standardised solution to providing humanitarian visas;
Amendment 378 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls that both international law and the EU Charter of Fundamental Rights require Member States to examine alternatives to detention, as an application of the principles of necessity and proportionality in order to avoid arbitrary deprivation of liberty; Alternatives to detention include but are not limited to such as regular reporting to the authorities, the deposit of a financial guarantee, or an obligation to stay at an assigned place;
Amendment 380 #
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Recalls that Article 3 of the 1989 UN Convention on the Rights of the Child provides that all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. Calls therefore on Member States to the abolish of all forms of detention of minors;
Amendment 382 #
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls for the revision of Article 1.2 of Council Directive 2002/90/EC to provide for a mandatory exemption from criminalisation for 'humanitarian assistance' in cases of entry, transit and residence of third country nationals;
Amendment 383 #
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Calls on EU Member States to review their border and immigration control laws, policies and practices so that they do not interfere with the right of every individual to leave their country of origin, residence or transit;
Amendment 384 #
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Calls on the Member States and the Commission to take the necessary measures to provide information and ensure transparency concerning the detention of migrants and asylum-seekers in numerous Member States, including access to NGOs and journalists;
Amendment 385 #
Motion for a resolution
Paragraph 3 g (new)
Paragraph 3 g (new)
3g. Beneficiaries of international protection should be allowed to extend their right to travel up to three months in other EU Member States to find employment if a local sponsor (individuals, companies, other entities) expresses his or her willingness to take care of the asylum seeker (i.e. through accommodation, facilitation of integration process and search for job) and give a financial guarantee and other evidence of credibility;
Amendment 386 #
Motion for a resolution
Paragraph 3 h (new)
Paragraph 3 h (new)
3h. Likewise, persons who have not been granted international protection in the Union but have received an offer of scholarship, employment or have regularly worked in a Member State while their protection claim was being processed should be able to avail themselves of a resident permit for third country nationals instead; urges the Commission to address this issue by providing innovative proposals in this direction;
Amendment 406 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reiterates the need of a definition of environmental refugees and a multilateral legal instrument to address the needs of environmental refugees in order to protect people fleeing events triggered by climate change, natural catastrophes and land - or water - grabbing;
Amendment 407 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the urgent need to open immediate legal, safe asylum routes, in order to avoid trafficking networks as well as to enable women, children, elderly and persons with disabilities to seek refuge without risking their lives;
Amendment 411 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that undocumented migrant women and girls should have full access to their basic fundamental rights, such as health care including sexual and reproductive health care;
Amendment 413 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Firmly opposes the use of detention of all migrants;
Amendment 415 #
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls for the strengthening of the rights to family reunification across the EU, as well as for improving the implementation, with swifter and less costly processes;
Amendment 433 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Deplores France's and Germany's call on the European Union to adopt a law that would require app companies to make encrypted messages available to law enforcement, as part of Europe's ongoing efforts to thwart terrorist attacks. Believes this limitation is more likely to have a bad impact on the privacy and the security of the users - by making them more vulnerable to hacking - rather than weakening terrorism, since terrorists or other criminals will still benefit from a wide range of open-source services available for download online;
Amendment 439 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for a common legislation to protect whistle-blowers, witnesses and persons who cooperate with the judicial process, including the establishment of a specific fund aimed at giving protection to the person lodging the complaint, in order to support legal fees, medical bills, psycho-social counselling as a resettlement programme; considers that whistleblowing and filing of complaints generally cause the loss of employment or deeply worsen the working conditions of the person;
Amendment 441 #
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls for the implementation of Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law. Invites the Member States to fully implement this directive, punishing with effective, proportionate and dissuasive criminal penalties any kind of unlawful behaviour having negative impacts on human health or the environment included: discharge, emission or introduction into air, soil or water of dangerous materials; burning of waste; illegal trade, collection and transport of hazardous waste; construction of public and private buildings with poor quality construction materials which are inappropriate to deal with possible damages caused by earthquakes and avalanches . Invites Member States to consider waste combustion as a criminal offense punishable with criminal penalties, in the same way as those included in directive 2008/99/CE. Invites, the EU Network for the Implementation and Enforcement of Environmental Law (IMPEL), to inform periodically the European Parliament about the actions of Member States in the implementation of directive 2008/99/CE;
Amendment 485 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes following UNHCR's guidelines on international protection, that the statuses of victims of THB and of refugees are closely linked. Trafficking generally takes place in dangerous and degrading conditions and involves a range of human rights violations and abuses and severe exploitation such as abduction, incarceration, rape, sexual enslavement, enforced prostitution, forced labour, removal of organs, physical beatings, starvation, deprivation of medical treatment. Since such acts constitute serious violations of human rights which generally amount to persecution, these victims of trafficking should benefit from the same guarantees provided by the Qualifications Directive (2011/95/EU);
Amendment 490 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Highlights that women are trafficked at a much higher rate than men and that women living in poverty or with low socio-economic opportunities are more vulnerable to traffickers; a priority should be made to empower women with employment opportunities, economic security, and stronger legal protection against loss of assets or property so that they are less susceptible to be lured in by traffickers;
Amendment 502 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States in which the exploitation of victims of trafficking in human beings has taken place to offer adequate and necessary gender-sensitive medical treatment based on individual needs, paying special attention to victims of trafficking in human beings for sexual exploitation;
Amendment 505 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the EU and its Member States to recognise human trafficking for ransom with torture practices as a form of human trafficking; considers that the severely traumatised survivors should be recognised as victims of a form of prosecutable human trafficking and receive protection, care and support [1] . [1] This new type of trafficking has already been introduced by the EP "resolution of 10 March 2016 on the situation in Eritrea", Paragraph T
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 583 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on Member States to prevent, with all means, cases of hate crime and hate speech carried out by public security police forces and by all authorities linked to Public Safety organisations;
Amendment 607 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Is concerned that in recent years, anti-gender equality movements have gained public ground in a number of Member States; these movements challenge existing achievements in the area of women´s rights and gender equality, and aim at blocking laws and policies protecting LGBTI people against hate crime and discrimination; notes that these movements are often overlapping with racist and xenophobic movements;
Amendment 673 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Highlights the dangerous potential for the internet, social media, and other types of technology to be used to control, threaten, and humiliate women such as instances of stalking, harassment, posting of sexual or nude photos without consent, which are also forms of violence against women that may fall under the definition of violence against women and gender- based violence against women in the Istanbul convention under Art. 3a and 3d;
Amendment 679 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Underlines that the sexual and reproductive health and rights of all women and girls must be respected, including their right to their bodies and sexuality and to be free of coercion, discrimination and violence;
Amendment 681 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Calls on the EU and the Member States to recognise the fundamental right to universal access to health, in particular the full range of sexual and reproductive health services including safe and legal abortion, and to decriminalise abortion and the performing of abortion care;
Amendment 684 #
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18 c. Calls on the Member States to implement laws and policies that target perpetrators directly to reduce demand for sexual exploitation while decriminalising individuals in prostitution and providing them with support services, including high quality social, legal and psychological assistance for those who wish to exit prostitution;
Amendment 735 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Calls Member States to implement Article 4 of the International Convention on the Rights of the Child which underlines their obligation to guarantee children's rights as set out in the text of the Convention;
Amendment 766 #
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Calls on the Member States to introduce gender-sensitive educational programmes as well as actions on girl´s and women's rights, gender equality, gender identities and gender relations at all levels of educational systems; calls also for the necessity of peace, anti- discrimination and anti-racism education for both girls and boys in schools at an early stage;
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 888 #
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Believes that for Roma inclusion to be effective, national and local authorities must prioritise policies to fight all forms of discrimination by putting an end to residential and scholastic segregation, banning ethnic profiling and fighting police brutality, addressing statelessness and ending forced evictions as well as ensuring access to justice and legal aid to those in need;
Amendment 891 #
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40 b. Invites Member States to implement the recommendations of the EU Fundamental Rights Agency according to which Member states shall enhance the active participation and engagement of Roma public authorities, particularly at local level, and take measures to improve community cohesion and trust involving local residents, as well as civil society, through systematic engagement efforts. Believes such measures should contribute to improving the participation of Roma in local level integration processes, especially through identifying their own needs, through formulating responses and through mobilising resources;
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 964 #
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46 a. Condemns all forms of discrimination and violence in the EU against lesbian, gay, bisexual, trans and intersex people (LGBTI);
Amendment 966 #
Motion for a resolution
Paragraph 46 b (new)
Paragraph 46 b (new)
46 b. Welcomes the fact that some EU Member States have extended the protection granted to victims of discrimination based on other grounds, such as sexual orientation or gender identity, when implementing the Framework Decision; calls on the Commission to start a dialogue with those Member States whose legislation does not cover homophobic and transphobic hate motives, aimed at filling the remaining legislative gaps.
Amendment 969 #
Motion for a resolution
Paragraph 46 c (new)
Paragraph 46 c (new)
46 c. Reiterates that any legal recognition procedure which imposes forced sterilisation on transgender people is violating human rights standards; welcomes the recent adoption by a number of Member States of new legal gender recognition procedures more respectful of the fundamental rights of trans people; Calls on the European Commission to strengthen peer-learning among Member States to ensure their practices are in line with human rights standards.
Amendment 971 #
Motion for a resolution
Paragraph 46 d (new)
Paragraph 46 d (new)
46 d. Deplores the fact that transgender people are still considered mentally ill in the majority of Member States and calls on respective states to review national mental health catalogues, while ensuring that medically necessary treatment remains available for all trans people;