Activities of Alice KUHNKE related to 2021/2186(INI)
Plenary speeches (1)
Situation of fundamental rights in the EU in 2020 and 2021 (debate)
Shadow reports (1)
REPORT on the situation of fundamental rights in the European Union in 2020 and 2021
Amendments (262)
Amendment 2 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to Article 2 of the Treaty on European Union, which notes that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities,
Amendment 3 #
Motion for a resolution
Citation 3
Citation 3
Amendment 4 #
Motion for a resolution
Citation 3
Citation 3
— having regard to Article 2(1) of the Charter of Fundamental Rights of the European Union, which enshrines the right to life for all persons,
Amendment 6 #
Motion for a resolution
Citation 4
Citation 4
Amendment 7 #
Motion for a resolution
Citation 4
Citation 4
— having regard to Article 20 of the Charter of Fundamental Rights of the European Union, which states that everyone is equal before the law,
Amendment 8 #
Motion for a resolution
Citation 5
Citation 5
Amendment 9 #
Motion for a resolution
Citation 5
Citation 5
— having regard to Article 21 of the Charter of Fundamental Rights of the European Union, which prohibits all forms of discrimination,
Amendment 14 #
Motion for a resolution
Citation 6
Citation 6
Amendment 16 #
Motion for a resolution
Citation 7
Citation 7
Amendment 17 #
Motion for a resolution
Citation 8
Citation 8
Amendment 19 #
Motion for a resolution
Citation 9
Citation 9
Amendment 20 #
Motion for a resolution
Citation 10
Citation 10
Amendment 21 #
Motion for a resolution
Citation 11
Citation 11
Amendment 22 #
Motion for a resolution
Citation 12
Citation 12
Amendment 23 #
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the Commission recommendation of 16 September 2021 on ‘on the protection, safety and empowerment of journalists’ (COM(2021)6650),
Amendment 24 #
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
— having regard to the Commission communication of 9 December 2021 on ‘Amore inclusive and protective Europe: extending the list of EU crimes to hate speech and hate crime’ (COM(2021)777),
Amendment 25 #
Motion for a resolution
Citation 14 c (new)
Citation 14 c (new)
— having regard to the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy (2020-2025)’,
Amendment 26 #
Motion for a resolution
Citation 14 d (new)
Citation 14 d (new)
— having regard to the Commission communication of 24 June 2020 entitled ‘EU Strategy on victims’ rights (2020- 2025)’,
Amendment 27 #
Motion for a resolution
Citation 14 e (new)
Citation 14 e (new)
Amendment 28 #
Motion for a resolution
Citation 14 f (new)
Citation 14 f (new)
— having regard to the Committee of the Regions’ opinion on the LGBTIQ Equality Strategy of 14 October 2021,
Amendment 29 #
Motion for a resolution
Citation 14 g (new)
Citation 14 g (new)
— having regard to the debate in the Council of Europe’s Congress of Local Regional Authorities Current Affairs Committee, and to its subsequent reports entitled ‘Fact-finding report on the role of local authorities with regard to the situation and rights of LGBTIQ people in Poland’ of 27 January 2021 and ‘Protecting LGBTIQ people in the context of rising anti-LGBTIQ hate speech and discrimination: The role of local and regional authorities’ of 10 February 2021,
Amendment 30 #
Motion for a resolution
Citation 14 h (new)
Citation 14 h (new)
— having regard to the reports of the Fundamental Rights Agency, in particular, the Fundamental Rights Reports for the years 2020 and 2021,
Amendment 31 #
Motion for a resolution
Citation 14 i (new)
Citation 14 i (new)
— having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone,
Amendment 32 #
Motion for a resolution
Citation 14 j (new)
Citation 14 j (new)
— having regard to its resolution of 24 June 2021 on the situation of sexual and reproductive health and rights in the EU, in the frame of women’s health,
Amendment 33 #
Motion for a resolution
Citation 14 k (new)
Citation 14 k (new)
— having regard to its resolution of 8 July 2021 on breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted by the Hungarian Parliament,
Amendment 34 #
Motion for a resolution
Citation 14 l (new)
Citation 14 l (new)
— having regard to its resolution of 14 September 2021 on LGBTIQ rights in the EU;
Amendment 35 #
Motion for a resolution
Citation 14 m (new)
Citation 14 m (new)
— having regard to its resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights,
Amendment 36 #
Motion for a resolution
Citation 14 n (new)
Citation 14 n (new)
— having regard to its resolution of 18 December 2019 on public discrimination and hate speech against LGBTI people, including LGBTI free zones,
Amendment 37 #
Motion for a resolution
Citation 14 o (new)
Citation 14 o (new)
— having regard to the recommendations of the Parliament’s Frontex Scrutiny Working Group as laid down in its Report of 14 July 2021 on the fact-finding investigation on Frontex,
Amendment 38 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas Article 151 TFEU refers to fundamental social rights such as those set out in the European Social Charter; whereas the Union has still not acceded to the ECHR, in spite of its obligation to do so under Article 6(2) TEU;
Amendment 40 #
Motion for a resolution
Recital A
Recital A
Amendment 41 #
Motion for a resolution
Recital A
Recital A
A. whereas the years 2020 and 2021 saw the most draconian loss of fundamental rights in the history of the EU, whereby citizensin many Member States, the lockdown and social distancing measures during the COVID-19 pandemic have been associated with an exponential increase in the prevalence and intensity of cases of intimate partner violence, psychological violence and coercive control and cyber violence, and with a 60 % increase in emergency calls reported by victims of domestic violence(18); where forcedas requirement to stay at home, close businesses, remain distant from friends and family, maintain physical distance and go untreated for ‘non-urgent’ medical issues, were prevented from attending places of worship and from travelling within and outside the EU, and were f and the alarming upsurge in the ‘shadow pandemic’ made it difficult for women and children to access effective protection, support services and justice and revealed that support resources and structures were insufficient and that victims had limited access to support services, leaving many of them without adequate and timely protection; whereas best practices in specific measures to provide timely and accessible assistance to victims, including setting up emergency texting systems or creating contact points to seek help in pharmacies and supermarkets should be shared among the Member States; whereas in spite of the prevalence of the phenomenon, intimate partner violence against women remains under-reporcted to show a historically worrisome pass to enter premises or vehiclein the EU by the victims, their families, friends, acquaintances and neighbours, for various reasons, especially during the COVID-19 pandemic, and whereas there is a significant lack of comprehensive, comparable and gender-disaggregated data, making it difficult to fully assess the impact of the crisis;
Amendment 43 #
Motion for a resolution
Recital A
Recital A
A. whereas in the years 2020 and 2021 saw the most draconian loss of fundamental rights in the history of the EU, whereby citizens were forced to stay at home, close businesses, remain distant from friends and family, maintarestrictive measures to combat the COVID-19 pandemic interfered with a wide range of fundamental rights, such as to movement and assembly, to private and family life, including physical distanceersonal data protection, and gto untreated for ‘non-urgent’ medical issues,education, work and social security; where prevented from attending places of worship and from travelling within and outside the EU, and were forced to show a historically worrisome pass to enter premises or vehicleas the pandemic exacerbated existing challenges and inequalities in all areas of life, especially affecting vulnerable groups, and sparked an increase in racist incidents;
Amendment 44 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the European Union is founded on a set of common values, enshrined in Article 2 of the Treaty on European Union (TEU), including respect for fundamental rights, equality, democracy and the rule of law; whereas the institutions of the European Union and the EU Member states have a shared responsibility of preserving these values which constitute the cornerstones of our democracies and are essential for the functioning of the European Union;
Amendment 46 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas any definition of anti- Semitism should make a clear distinction between a direct or indirect call for or justification of violence, hatred or intolerance towards Jewish people and a legitimate criticism of the actions by the State of Israel;
Amendment 47 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas there is no transparent and clear set of principles in place for the distribution of advertising to media outlets by national, regional and local governments in Slovenia; whereas the situation for local media is particularly lacking in transparency; whereas the economic situation of the media in Slovenia has worsened during theCOVID- 19 pandemic and no specific measures have been adopted to alleviate its impact on media outlets;
Amendment 49 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the term ‘Romani people’ encompasses people with Roma, Kalè, Manouches, Lovara, Rissende, Boyash, Domare, Kalderash, Romani child and Sinti background; whereas the new definition, Romani people, better includes even those stigmatised as gypsies without having a corresponding ethnic background, such as Egyptians, Ashkali, or Travellers;
Amendment 52 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas under Article2 TEU, the EU is founded on respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; values which are shared by all Member States and which must be upheld by the EU and by each individual Member State in all their policies;
Amendment 54 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas international law confirms that seeking asylum is not an unlawful act and that therefore one cannot be detained for the sole reason of being an asylum-seeker; whereas detention must therefore be used only as a last resort and only according to a justified purpose other than the status of being an asylum-seeker; whereas for de jure as well as de facto stateless persons, their lack of legal status or documentation means that they risk being held indefinitely, which is unlawful under international law;
Amendment 55 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the Parliament adopted in June 2021 a comprehensive report on sexual and reproductive health and rights laying out the vision of its Members on the matter; whereas this report acknowledges shortcomings, welcomes progress and makes a multiplicity of calls to ensure access to menstrual products for all, to comprehensive sexuality education, modern contraception as a strategy for gender equality, safe and legal reproductive care, access to fertility treatments and maternity, pregnancy and birth-related care for all;
Amendment 58 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the right to equal treatment and non- discrimination is a fundamental right enshrined in Article 2and Article 3(3) of the Treaty on European Union (TEU), Articles 8, 10, 19 and 157 of the Treaty on the Functioning of the European Union (TFEU) and Articles21 and 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’);
Amendment 59 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Amendment 62 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas the survey by FRA on violence against women indicates that victims report their most serious incidents of partner violence to the police in only 14 % of cases, and that two thirds of female victims systematically do not report to the authorities, either out of fear or a lack of information about victims’ rights, or due to a general belief that intimate partner violence is a private matter, which should not be publicised;
Amendment 64 #
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas the health crisis was increasingly used as a pretext to attack minorities, including migrants, people with a migrant backgrounds and Roma, who were already subject to racial and ethnic discrimination, hate speech and hate crime;
Amendment 65 #
Motion for a resolution
Recital A f (new)
Recital A f (new)
Af. whereas the rule of law is one of the common values on which the EU is founded; whereas the Commission, together with Parliament and the Council, is responsible under the Treaties for guaranteeing respect for the rule of law as a fundamental value of the Union and for making sure that EU law, values and principles are respected and adhered to;
Amendment 66 #
Motion for a resolution
Recital A g (new)
Recital A g (new)
Ag. whereas media freedom is one of the pillars and guarantees of a functioning democracy and the rule of law; whereas media freedom, pluralism and independence and the safety of journalists are crucial components of the right of freedom of expression and information, and are essential to the democratic functioning of the EU and its Member States; whereas public authorities should adopt a legal and regulatory framework which fosters the development of free, independent and pluralistic media;
Amendment 67 #
Motion for a resolution
Recital A h (new)
Recital A h (new)
Ah. whereas online harassment, threats and lawsuits against journalists, targeting investigative journalists in particular, by prominent politicians and public figures, including members of the government, continue to increase in some of the Member States; whereas instances of political interference in the media across Member States have been reported; whereas journalists continue to face obstacles in obtaining access to public information and documents;
Amendment 68 #
Motion for a resolution
Recital A i (new)
Recital A i (new)
Ai. whereas the criminalisation of journalists for their work is a particularly grave issue; whereas journalists should not be imprisoned or threatened with a prison sentence for defamation; whereas Member States should not impose criminal sanctions for media offences except in cases where other fundamental rights have been seriously impaired, for instance in the case of hate speech or incitement to violence or terrorism, and they should ensure that these sanctions are not applied in a discriminatory or arbitrary way against journalists;
Amendment 69 #
Motion for a resolution
Recital A j (new)
Recital A j (new)
Aj. whereas the promotion of child rights is an explicit objective of EU policies and the EU Charter of Fundamental Rights, which requires that the best interests of the child be a primary consideration in all EU action;
Amendment 70 #
Motion for a resolution
Recital A k (new)
Recital A k (new)
Ak. whereas children’s rights continue to be violated in EU Member States, as a result of violence, abuse, exploitation, poverty, social exclusion and discrimination based on religion, disability, gender, sexual identity, age, ethnicity, migration or residence status;
Amendment 71 #
Motion for a resolution
Recital A l (new)
Recital A l (new)
Al. whereas almost 25% of children under 18 are at risk of poverty or social exclusion in the EU; whereas poverty deprives children of educational opportunities, childcare, access to health care, adequate food and housing, family support and even protection from violence and can have very long-lasting effects; whereas as pointed out by the European Union Agency for Fundamental Rights, fighting child poverty is also a matter of fundamental rights and legal obligations;
Amendment 72 #
Motion for a resolution
Recital A m (new)
Recital A m (new)
Am. whereas children from disadvantaged socio-economic backgrounds have been hit hard by the pandemic as they lacked adequate IT equipment, internet access and appropriate working space and conditions, which exacerbated existing learning inequalities;
Amendment 73 #
Motion for a resolution
Recital A n (new)
Recital A n (new)
An. whereas the COVID-19 pandemic put unprecedented strain on children and families across the EU, especially those who were already economically or socially disadvantaged; whereas children continued to submit fewer asylum applications, but their reception conditions remained inadequate in several Member States;
Amendment 74 #
Motion for a resolution
Recital A o (new)
Recital A o (new)
Ao. whereas the isolation measures put in place during the covid-19pandemic and the subsequent increase in online time spent by children have led to an increase in reported cases of child sexual abuse and exploitation via the internet;
Amendment 75 #
Motion for a resolution
Recital A p (new)
Recital A p (new)
Ap. whereas some other Member States have not yet implemented all the requirements of the Audio-visual Media Services Directive(Directive (EU) 2018/1808), and in particular those regarding independence of the national media market regulator;
Amendment 76 #
Motion for a resolution
Recital A q (new)
Recital A q (new)
Aq. whereas safeguarding biodiversity and eco systems is fundamental to climate resilient development[1],Whereas the 2021-2030 is a UN Decade on Ecosystem Restoration, whereas the Commission has announced postponement of adoption of crucial legislative initiatives related to environmental protection including a flagship law on nature restoration by several months; [1]https://report.ipcc.ch/ar6wg2/pdf/IPCC _AR6_WGII_SummaryForPolicymakers. pdf
Amendment 77 #
Motion for a resolution
Recital A r (new)
Recital A r (new)
Ar. whereas the Green Deal aims to protect, conserve and enhance the EU's natural capital, and protect the health and well-being of citizens from environment- related risks and impacts, whereas number of legislative initiatives proposed will have a positive impact on the level of environmental protection as subject of Article 37 of the Charter;
Amendment 78 #
Motion for a resolution
Recital A s (new)
Recital A s (new)
As. whereas the intentional targeting of certain minority groups’ rights in some Member States have created and established a momentum elsewhere, as can be evidenced by backtracking on the rights of women and LGBTIQ persons; whereas these are deliberate strategies aiming at weakening the protection of the Union’s fundamental rights, as enshrined in Article 2 TEU;
Amendment 79 #
Motion for a resolution
Recital A t (new)
Recital A t (new)
At. whereas during Covid-19 lockdowns LGBTIQ people, in particular youth, were exposed to higher than average rates of domestic violence and gender-based violence due to discrimination against their being LGBTIQ; whereas LGBTIQ people are at heightened vulnerability to homelessness, which has been exacerbated during Covid-19 lockdowns;
Amendment 80 #
Motion for a resolution
Recital A u (new)
Recital A u (new)
Au. whereas the Congress of Local and Regional Authorities of the Council of Europe has adopted a resolution recalling the responsibilities of local authorities in protecting the rights of LGBTIQ persons and has invited them to appoint a ‘Local Expert on Equality and Diversity’; whereas the Committee of the Regions has laid out numerous suggestions for the active role of Local and Regional Authorities in the prevention of and protection against discrimination of LGBTIQ persons;
Amendment 81 #
Motion for a resolution
Recital A v (new)
Recital A v (new)
Av. whereas Roma communities remain one of the most vulnerable and oppressed groups in the EU;
Amendment 82 #
Motion for a resolution
Recital A x (new)
Recital A x (new)
Ax. whereas Roma women and children - being often subjected to multiple or intersectional discrimination - constitute among the most threatened groups and individuals in the Member States and accession and candidate countries as they face even worse obstacles than Roma men in the general population, too often living in poor, rural or urban - often informal -settlements with low access to education, work and health services, less years of life expectancy, no sanitation and clear water, a situation worsened due to the COVID- 19 pandemic;
Amendment 83 #
Motion for a resolution
Recital A y (new)
Recital A y (new)
Ay. whereas under Article47 of the Charter, the fundamental right to an effective remedy requires access to an ‘independent’ tribunal; whereas political influence or control of the judiciary and similar barriers to the independence of individual judges have often resulted in the judiciary being unable to fulfil its role as an independent check on the arbitrary use of power by the executive and legislative branches of government;
Amendment 84 #
Motion for a resolution
Recital A z (new)
Recital A z (new)
Az. whereas an effective, independent and impartial judicial system is essential to ensure the rule of law and the protection of the fundamental rights and civil liberties of citizens in the EU;
Amendment 85 #
Motion for a resolution
Recital A aa (new)
Recital A aa (new)
Aaa. whereas the COVID-19 pandemic illustrated the failure to address the situation of persons held in pre-trial detention; whereas practices related to the use of pre-trial detention during the COVID-19 pandemic varied from Member State to Member State but delays in court hearings and investigations resulted in longer pre-trial detention in a number of them; whereas persons deprived of their liberty were more vulnerable to the COVID-19 outbreak than the general population because of the confined conditions in which they live for prolonged periods of time; whereas court closures and/or delays of hearings and investigation caused confusion and uncertainty for the suspects, especially for those in detention, who had little to no idea when their trial would take place, and how much longer they would be detained;
Amendment 86 #
Motion for a resolution
Recital A ab (new)
Recital A ab (new)
Aab. whereas revelations that several countries, including EU Members States, have used the Pegasus surveillance spyware against journalists, politicians, and other actors are extremely alarming and appear to confirm the dangers of the misuse of surveillance technology to undermine human rights and democracy;
Amendment 87 #
Motion for a resolution
Recital A ac (new)
Recital A ac (new)
Aac. whereas the phenomenon of gender-based cyber violence is increasing, with one in five women aged between 18 and 29 having reported online cyber sexual harassment in the European Union; whereas the digital public sphere must represent a safe environment for everyone, including for women and girls; reiterates that there must be no impunity in an online environment; whereas the European Parliament has called on the Commission in two adopted own-initiative legislative reports, to submit proposals on combating gender-based violence and cyber violence and on adding gender- based violence as a new area of crime listed in Article 83(1) of the TFEU;
Amendment 89 #
Motion for a resolution
Recital B
Recital B
Amendment 92 #
Motion for a resolution
Recital C
Recital C
Amendment 100 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. whereas whistleblowing is a fundamental aspect of freedom of expression and plays an essential role in detecting and reporting wrongdoing, and in strengthening democratic accountability and transparency; whereas whistleblowing represents a key source of information in the fight against organised crime, and in investigating, identifying and publicising cases of corruption within the public and private sectors; whereas the adequate protection of whistleblowers at EU, national and international level, as well as the acknowledgement of the important role played by whistleblowers in society, are preconditions for ensuring the effectiveness of such a role;
Amendment 101 #
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 104 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates, that rule of law, media freedom and effective fight against corruption lay at the foundation of our societies and are our core values which affect all fundamental rights; notes with regret, however, that violation of these principles is persistent in the Union;
Amendment 106 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the rule of law is intimately linked with respect for democracy and fundamental rights and highlights that deterioration of any of these values constitutes an attack on the pillars of the Union as stipulated in TEU; repeats the numerous calls by the Parliament to broaden the scope of the Rule of Law report to include all Article 2 TEU values in order to have a holistic overview of the situation in all Member States;
Amendment 107 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1e. Condemns the use of Strategic Lawsuits Against Public Participation (SLAPPs) which are being used to silence and intimidate journalists and human rights defenders, including LGBTI rights defenders critiquing human rights abuses;
Amendment 108 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reiterates, that rule of law, media freedom and pluralism, and effective fight against corruption lay at the foundation of our societies and are our core values which affect all fundamental rights; notes with regret, however, that violations of these principles are persistent across some EU Member States and pose a serious threat to the fair, legal and impartial distribution of EU funds; calls on the Commission to make use of all tools at its disposal, including the procedure envisaged under the Rule of Law Conditionality Mechanism which entered into force on 1 January 2021, to address these violations of the principles of the rule of law, democracy and fundamental rights;
Amendment 109 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Regrets that structural problems regarding independence of the judiciary and autonomy of prosecution services in some member states undermines citizens’ access to justice and has negative impact on their rights and freedoms; reminds that deficiencies in rule of law in one member state affect right of all persons in the EU; calls on Member States and EU institutions to protect judges and prosecutors from political attacks and pressures that attempt to undermine their work;
Amendment 110 #
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1e. Regrets that structural problems regarding independence of the judiciary and autonomy of prosecution services in some member states undermines citizens’ access to justice and has a negative impact on their rights and freedoms; reminds that deficiencies in rule of law in one member state also affect the other EU Member States, in terms of the mutual trust between them and the respect of the fundamental rights of all EU citizens’ under Union law; calls on Member States and EU institutions to protect judges and prosecutors from political attacks and pressures that attempt to undermine their work;
Amendment 111 #
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1d. Insists that Member States must fully comply with Union and international law as well as with CJEU and ECHR judgements, including those, which are related to judicial independence; condemns the lack of compliance of Poland and Hungary with multiple laws and judgements of the European courts;
Amendment 112 #
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Condemns all types of incidents of hate crime, hate speech and accusations devoid of foundation or formulated in bad faith, both offline and online, motivated by discrimination based on any grounds, such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; expresses concern over the hate crimes and crimes relating to incitement to discrimination or violence which occurred during the COVID- 19pandemic, leading to the stigmatisation of some particularly vulnerable individuals; recalls that racism and xenophobia are crimes, not opinions;
Amendment 113 #
Motion for a resolution
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Is concerned about the reports which show that some Member States’ authorities have used the Pegasus spyware for political or other unjustified purposes to spy on journalists, politicians, lawyers, civil society actors and other persons, in violation of Union law and of the values enshrined in Article 2 of the Treaty of the European Union and in the Charter of Fundamental Rights; recalls that Pegasus is only one of the many examples of a program that is abused by state entities for illicit mass surveillance purposes against innocent citizens;
Amendment 114 #
Motion for a resolution
Paragraph 1 h (new)
Paragraph 1 h (new)
1h. Welcomes the creation of an inquiry committee on Pegasus in the European Parliament, which will investigate the scope of alleged violation of rights and freedoms enshrined in the Charter of Fundamental Rights and in the Article2 of the Treaty;
Amendment 115 #
Motion for a resolution
Paragraph 1 i (new)
Paragraph 1 i (new)
1i. Recognises the crucial role played by civil society organisations (CSOs) in the promotion and protection of the Union values enshrined in Article 2 TEU and in the Charter of Fundamental Rights; stresses their key contribution to protection of the rule of law principles in the Member States, giving a voice to vulnerable and marginalised people, and ensuring access to crucial social services;
Amendment 116 #
Motion for a resolution
Paragraph 1 j (new)
Paragraph 1 j (new)
1j. Acknowledges, that a healthy civic space is a prerequisite for democracy, the rule of law and fundamental rights; stresses that the Union should therefore commit to the preservation and cultivation of civic space at local, regional, national and European level, including through adoption of a dedicated strategy for civic space;
Amendment 117 #
Motion for a resolution
Subheading 1
Subheading 1
Right to equal treatment: Multiple and intersectional discrimination.
Amendment 119 #
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Recognises and condemns the existence of structural racism in the EU caused by stereotypes fostered by discourses that result in discrimination against ethnic minorities in all areas of their lives; is deeply concerned by individual, structural, and institutional forms of racism and xenophobia in the EU and rising discrimination against Arabs, Black Europeans, People of Asian descent, Jewish people, Muslims, and Roma people; urges the Member States to end with discriminatory institutional practices, policies and laws;
Amendment 120 #
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Stresses the need for the recognition of all partnerships for the purpose of freedom of movement, including for non-EU partners of EU nationals; is alarmed at the continuing non-implementation of the 2018 CJEU Coman &Hamilton Case (C- 673/16), which recognises that the term “spouse” include same-sex spouses under EU freedom of movement laws;
Amendment 121 #
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Recalls the importance of collecting mandatory and systematic disaggregated equality data and to develop indicators in order to measure and report progress of the EU strategies against racism and discrimination; calls on the Commission and the Member States to step up efforts in this direction;
Amendment 122 #
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Is worried by terrorism and counter- terrorism policies that have led to discrimination and hostility against certain groups, including communities of colour, Muslim communities, anti-racism movements, activists and organisations; denounces that the effect of such policies includes delegitimising and in some instances criminalising, or attempting to criminalise political, religious and other discourses, discriminatory legal and law enforcement practices, including racial and religious profiling, shrinking of civil society space and self- censorship of civil society's political views and a chilling of open and free political debate;
Amendment 123 #
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
Highlights that the EU Agency for Fundamental Rights has pointed out in its annual reports on fundamental rights, that discriminatory institutional practices, policies and laws exists in many Member States; recalls the urgent need to extend protection against discrimination beyond employment through a horizontal and intersectional approach; urges the Commission and the Council to unblock the ETD without further delay and without lowering the standards;
Amendment 124 #
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
Denounces the lack of access to abortion for women in many countries, and condemns the deaths of at least four women in Poland due to the application of regulations prohibiting abortion in virtually all circumstances; calls on the European Commission to consider abortion as a fundamental right, to remove any obstacles to its access and to ensure that it is carried out in public health care system;
Amendment 125 #
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
Calls on the Commission and the Member States to collect equality data disaggregated by racial and ethnic origin as well as other protected characteristics in order to document racism; urges the Commission to step up efforts, including by proposing ambitious legislation, in order to act against racism; further calls on the Commission to ensure a proper follow-up of the EU anti-racism action plan 2020-2025 and to put in place efficient monitoring and evaluation mechanisms to measure progress;
Amendment 126 #
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
Calls for a mainstreaming mechanism for cooperation and coordination for EU and national equality policies, ensuring that all forms of discrimination, especially those intersecting, are taken into account in the review and adoption of policies, including via equality impact assessments in a regular and transparently addressed manner pursuant to clear goals and timelines, informed by evidence and by using performance indicators; calls for the establishment of close cooperation with relevant stakeholders, support organisations, communities and people facing discrimination while ensuring adequate resources to undertake actions and monitoring measures;
Amendment 127 #
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
Points out that gender-based violence is a form of discrimination and as violation of fundamental rights, as well as the result of gender stereotypes, heteropatriarchal structures, power asymmetries and structural and institutional inequalities; underlines the importance to apply an intersectional and victims-centred approach to all policies and measures to address gender-based violence; calls on the Commission and the Member States to advance their efforts in that direction;
Amendment 128 #
Motion for a resolution
Subheading 1 d (new)
Subheading 1 d (new)
Amendment 129 #
Motion for a resolution
Subheading 1 d (new)
Subheading 1 d (new)
Recalls that the reproductive coercion and the denial of safe and legal abortion care is also a form of gender-based violence; underlines that ECtHR has ruled on several occasions that restrictive abortion laws and the lack of implementation violates the human rights of women;
Amendment 130 #
Motion for a resolution
Subheading 1 e (new)
Subheading 1 e (new)
Welcomes the European Commission's recognition, for the first time, of the existence of structural racism in its EU Anti-Racism Action Plan 2020-2025 and the setting out of concrete measures for tackling racism and ethnic discrimination in the EU, and urges both the Commission and the Member States to implement public policies and measures to tackle this discrimination at its root; calls on the European Commission to monitor and tackle action against racism and discrimination in Member State including through initiating infringement procedures to foster the effective application of legislation;
Amendment 131 #
Motion for a resolution
Subheading 1 e (new)
Subheading 1 e (new)
Highlights that the new EU Roma Strategic Framework for equality, inclusion and participation sets ambitious targets in seven key areas: non- discrimination, inclusion, participation, education, employment, health and housing, and a stronger monitoring framework, with a range of quantifiable and measurable targets to track progress; urges the Commission to ensure an adequate follow-up of the strategy and progress; further urges the Commission and the Member states to enforce the prohibition of racial or ethnic profiling in law enforcement, counter-terrorism measures and immigration controls, as well as police violence, and to ensure accountability;
Amendment 132 #
Motion for a resolution
Subheading 1 f (new)
Subheading 1 f (new)
Recalls the need to pay close attention to digitalisation and the social biases introduced into new technologies; calls on the Commission and the Member States to put in place measures to prevent the risks that new technologies, including AI, have in exacerbating discrimination, existing inequalities and poverty; further calls on the Commission and the Member States to tackle the gender and diversity gap in ICT and STEM sectors, particularly in the development of new technologies, including AI, and, in particular indecision-making positions;
Amendment 133 #
Motion for a resolution
Subheading 1 g (new)
Subheading 1 g (new)
Denounces the fact that gender-based violence is one of the most widespread forms of violence in the European Union, with surveys carried out by the Union revealing that one in three women in the Union - i.e. 62 million women - has suffered physical or sexual violence since the age of 15 and that one in two (55 %) has suffered sexual harassment, which has increased sharply as a result of the COVID-19pandemic;
Amendment 134 #
Motion for a resolution
Subheading 1 h (new)
Subheading 1 h (new)
Calls on the Commission and Member States to step up measures to prevent institutional discrimination, particularly from law enforcement and the judiciary system, which might have a stronger negative impact on individuals from groups in vulnerable situations;
Amendment 135 #
Motion for a resolution
Subheading 1 i (new)
Subheading 1 i (new)
Condemns the increase in attacks on LGBTIQ+ people and urges the Member States and the Commission to take measures to put an end to these attacks and to guarantee effective equality for LGBTIQ+ people in all areas;
Amendment 136 #
Motion for a resolution
Subheading 1 j (new)
Subheading 1 j (new)
Stresses the urgency to address all forms of gender-based violence; welcomes the Commission proposal to combat gender- based violence and that it includes provisions on intersectionality; underlines the cross-border dimension of gender- based violence and calls on the Commission to add gender-based violence in the list of EU crimes; urges the Commission to ratify the Istanbul Convention; points out that the Istanbul Convention should be understood as the minimum standard to eradicate gender- based violence;
Amendment 137 #
Motion for a resolution
Subheading 1 k (new)
Subheading 1 k (new)
Calls on the Member States to adopt National Action Plans Action Racism (NAPARs) by the end of 2022 and prioritise actions to tackle lack of access to justice, and sustained socio-economic inequalities in areas such as housing, healthcare, employment and education, which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barriers to inclusion and equality;
Amendment 138 #
Motion for a resolution
Subheading 1 l (new)
Subheading 1 l (new)
Condemns the actions of anti-gender and anti-feminist movements that systematically attack women’s and LGBTIQ+ rights, including sexual and reproductive rights; urges the Commission to ensure that civil society organisations supported and funded by the Union do not promote gender discrimination; welcomes the first-ever EU LGBTIQ Equality Strategy and further condemns the increasing cases of discrimination, hate crime and violence against LGBTIQ+ people’s; asks the Commission to ensure proper follow-up of the Strategy;
Amendment 139 #
Motion for a resolution
Subheading 1 m (new)
Subheading 1 m (new)
Welcomes that the Commission appointed a victims’ rights coordinator, adopted its first victims’ rights strategy and sept up a victims’ rights platform; stresses, however, that challenges to access to justice, particularly for victims in vulnerable situations, and to judicial independence persisted in several Member States;
Amendment 140 #
Motion for a resolution
Subheading 1 n (new)
Subheading 1 n (new)
Highlights the worrying increase in gender-based violence during the Covid- 19 pandemic; stresses the importance to ensure that the response to the Covid-19 crisis incorporates the gender perspective and gender budgeting, as well as ex-post gender impact assessments, as indicated in the Commission’s 2020-2025 Gender Equality Strategy; urges the EU institutions to ensure gender mainstreaming in all EU policies and actions;
Amendment 141 #
Motion for a resolution
Subheading 1 o (new)
Subheading 1 o (new)
Urges the EU institutions and the Member States to tackle the root causes of structural discrimination; calls on the Commission and the Member States to implement measures to address persisting structural inequalities in key areas such as criminal justice system, education, housing, employment, healthcare, goods and services; underlines the important role of education and media in countering racist narratives and deconstructing prejudices and stereotypes; calls on the Commission and Member States to promote anti-racism trainings;
Amendment 142 #
Motion for a resolution
Subheading 1 p (new)
Subheading 1 p (new)
Underlines that the Black Lives Matter movement mobilised societies across the globe to address racism and discrimination by law enforcement authorities; welcomes the adoption of the EU anti-racism action plan and the appointment of the EU Coordinator on anti-racism; urges the Member States to adopt and implement national action plans against racism and the Commission to monitor and ensure proper follow-up of the NAPARs and of the EU action plan; further urges the Commission to mainstream anti-racism and anti- discrimination in all EU policies;
Amendment 143 #
Motion for a resolution
Subheading 1 q (new)
Subheading 1 q (new)
Highlights the need to address the potential risks of AI, especially for individuals from racialized groups, not as a technological, but as a societal problem; calls on the Commission and the Member states to ensure that AI systems are guided by the principles of transparency, explainability, fairness, and accountability and that independent audit are put in place to prevent that these systems exacerbate racism;
Amendment 144 #
Motion for a resolution
Subheading 1 r (new)
Subheading 1 r (new)
Expresses deep concern that the Covid-19 crisis was increasingly used as a pretext to attack groups in vulnerable situations, including migrants, people with immigrant backgrounds and Romani people, who are already subject to racial and ethnic discrimination, hate speech and hate crime; is particularly concerned about the impact of the Covid-19 pandemic on Romani people, which has amplified inequalities and fuelled prejudice, including the cases of police violence;
Amendment 146 #
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 147 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to cease its strategies of identity politics, favouring groups based on sex, ethnicity, skin colour, group history or self-perception; notes that so-called ‘positive discrimination’ includes negative discrimination towards those not in that particular group; further notes that intersectional discrimination does not solve the problems of underprivilegedStresses with concern that discriminatory practices continue to occur, based on grounds such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, perople, but rather multiplies a victim mentality for people in every applicable category; urges the Commission and the Member States to take a meritocratic viewpoint, whereby people are judged on individual meriterty, birth, disability, age or sexual orientation; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights;
Amendment 153 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Denounces the discrimination that exists in the European Union on the basis of race, gender identity, sexual orientation, disability, class, ethnic origin or religion and calls on the Commission to promote public policies aimed at eliminating such discrimination, and to collect data disaggregated by race, origin, ethnicity, gender and sexual orientation and identity in order to be able to develop public policies that meet the needs of the people affected in a real and effective way, and that the EU Framework Decision on combating racism and xenophobia (2008/913/JHA) is properly and fully implemented; believes that should Member States fail to do so, the European Commission should initiate infringement proceedings against them;
Amendment 154 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the Member States to ensure the full implementation of the Race Equality Directive and Employment Equality Directive in order to combat persisting racism against people of different origins, ethnicity or colour; condemns the fact that racial, ethnic, linguistic and religious minorities still face deep-rooted structural and institutional racism, discrimination, hate- crime and hate-speech, a lack of access to justice, and sustained socio-economic inequalities which are major barriers to them fully enjoying their fundamental rights, social inclusion and equality as EU citizens, in all spheres of life, including housing, education, healthcare and employment;
Amendment 159 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Reiterates calls on all EU institutions and Member States to effectively address challenges such as the sexual exploitation of children and child pornography, protection of unaccompanied migrant children and the situation of institutionalised disabled children, protection of children who have suffered domestic abuse and workplace exploitation, missing children;
Amendment 161 #
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Urges the Council and the Member States to immediately unblock and conclude the negotiations on the Horizontal Directive on discrimination;
Amendment 162 #
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Welcomes the fact that, following Parliament's recommendations, the European Commission has adopted an ambitious strategy for the rights of persons with disabilities for the period 2021-2030; reaffirms the fundamental importance of the implementation of the proposed measures and the further development of national measures in order to ensure that people with disabilities are not disadvantaged and discriminated against in terms of employment, education and social inclusion;
Amendment 163 #
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Is concerned about the lack of progress as regards precarious working conditions in care services which has dramatic consequences on the ability of older persons needing such services to live dignified lives and to remain integrated in society; calls on the Commission and the Member States to strengthen their efforts to combat all forms of discrimination against older people; as a consequence of demographic change in the EU, underlines the importance of supporting initiatives linked to active ageing;
Amendment 164 #
Motion for a resolution
Subheading 2
Subheading 2
Media freedom and the protection of journalists
Amendment 165 #
Motion for a resolution
Subheading 2
Subheading 2
Media fFreedom and Right to Information
Amendment 166 #
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Believes that Member States should reform any laws that criminalise freedom of expression, assembly, and association, and facilitate an environment where criticism is part of healthy debate on any issue of public concern; is of the opinion that businesses should be held accountable for any acts of retaliation against journalists, rights defenders, whistleblowers, activists and NGOs;
Amendment 167 #
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Condemns the use of Strategic Lawsuits Against Public Participation(SLAPPs) which are being used to silence and intimidate human rights defenders
Amendment 168 #
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Highlights that SLAPP lawsuits are but one threat to a free and pluralist media, with others including commercial pressures and imperatives; political pressure; journalistic self-censorship on issues of particular controversy; career precarity and heavy journalist workloads; pressure on journalists to maintain access to elite sources through uncritical reporting; and career promotion being closed off to journalists who breach unspoken and internalised assumptions regarding the correct ‘line’ on issues of particular controversy, in particular regarding foreign policy;
Amendment 169 #
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 170 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Condemns attempts by governments to silence media outlets that criticise them and to eliminate media freedom and pluralism; also condemns social media platforms that censor, deplatform or intimidate independent journalists and freealls on Member States to protect and develop an independent, pluralist and free media sector; condemns in this respect any measures aimed at silencing critizens who express a narrative differing from that of mainstream mediacal media and undermining media freedom and pluralism;
Amendment 174 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that several Member States’ positions in international press freedom rankings have declined; highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; strongly condemns threats to media freedom, including harassment and attacks aimed at journalists and whistle-blowers, the disregard of their legal protection as well as media capture or politically motivated actions in the media sector;
Amendment 175 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is deeply concerned by the further deterioration of media freedom in Hungary, Poland and Slovenia, and the different reforms put in place by the ruling coalitions in order to reduce diversity and critical voices within the media;
Amendment 176 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is deeply concerned about attacks, harassment, violence and threats against journalists, human rights defenders and other persons exposing foreign interference and disinformation campaigns;
Amendment 181 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Believes that EU binding rules providing robust and consistent protection for the independent media and journalists from vexatious lawsuits intended to silence or intimidate them in the EU are much needed in order to help end this abusive practice;
Amendment 183 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes that some measures taken by Member States in the fight against COVID-19 impacted severely the right to privacy and data protection, that the data protection authorities were not fully consulted, that necessity and proportionality were not always clear, often a solid legal basis was lacking and no proper evaluation has taken place; calls on the European Commission, the EDPS and EDPB to evaluate the situation without delay;
Amendment 185 #
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Welcomes the Commission’s recent initiative to issue a Recommendation on Ensuring Safety of Journalists in the European Union; calls on the Commission to deliver on the Media Freedom Act without delay;
Amendment 187 #
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Expresses deep concern over weak and uneven enforcement of the GDPR, with which it risks becoming a paper tiger, not providing actual protection to citizens; deplores that the Commission ignored Parliament's call for infringement proceedings against Ireland for not properly enforcing the GDPR;
Amendment 188 #
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on the Commission to ensure proper implementation of the Audio- visual Media Services Directive, in particular with reference to the independence of media regulators, transparency of media ownership and media literacy; calls on the Commission to make effective use of infringement procedures in situations where Member States implement these provisions incorrectly or incompletely
Amendment 190 #
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Expresses concern over the European Commission's internal guidelines on records management and archives, which is based on an erroneous interpretation of the Regulation (EC) 1049/2001 on access to documents, and over the exclusion of text messages from the scope of the rules on access to documents, which has been qualified "maladministration" by the European Ombudsman
Amendment 191 #
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Urges the Member States, in the context of increased and rapid spread of disinformation, hoaxes and political propaganda, to include targeted age- appropriate activities in their curricula focused on the development of critical thinking, media literacy and digital skills; calls on greater emphasis to be put on citizenship education with focus on fundamental rights, democracy and participation in public affairs;
Amendment 194 #
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Is extremely concerned about the existence and continuous spread of extreme right-wing movements, especially neo-fascist and neo-Nazi groups, in the EU; calls on the Member States to take urgent measures to effectively ban these groups; at the same time calls on more research on the foundations, membership base and especially funding of such groups with the aim of identifying possible foreign interference; stresses the need to give greater space in the history curricula to objective and factual learning about different racial or ethnic ideologies, such as slavery, colonialism or fascism, and their forms and origins, including the misuse of science for their justification, as well as their consequences and possible remnants in present times in order to combat repeated resurgence of these ideologies;
Amendment 196 #
Motion for a resolution
Paragraph 3 g (new)
Paragraph 3 g (new)
3g. Regrets that some Member States have thwarted the effective exercise of citizens’ right of access to documents, by unnecessarily delaying or even eliminating deadlines for access to documents requests; emphasises that this not only led to lack of trust in authorities amongst citizens, but also to the undermining of media pluralism in the EU;
Amendment 197 #
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 200 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Condemns governmental politicisation of the media, whereby governments use it as a tool for their own propaganda; urges the Member States to decouple broadcasting councils from political parties, ensuring independence of financing, editorial freedom and journalistic integrity; notes that the German broadcasters ARD and ZDF are firmly in the hands of politicians, despite decades of appeals by the German Constitutional Court to try and change this;
Amendment 202 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Condemns governmental politicisation of the media, whereby governments use it as a tool for their own propaganda; urges the Member States to decouple broadcasting councils from political parties, ensuring independence of financing, editorial freedom and journalistic integrity; notes that the German broadcasters ARD and ZDF are firmly in the hands of politicians, despite decades of appeals by the German Constitutional Court to try and change thRegrets the fact that that the safety of journalists is not universally guaranteed; underlines the importance of media pluralism and the need to protect journalists against threats and attacks in order to prevent self-censorship and to assure freedom of expression and the right to information and safeguard the journalistic profession; calls on the Commission to improve the instruments for assessing measures taken by governments that may undermine freedom of information and pluralism;
Amendment 203 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expresses concern about the creation of government-controlled bodies which manage large parts of a country’s media landscape and the hijacking of public service media outlets to serve partisan interests; recalls that where media ownership remains highly concentrated, whether in government or private hands, it constitutes a significant risk to the diversity of information and viewpoints represented in media content; recalls that freedom of expression and information, including the freedom of artistic expression, and media freedom are fundamental to democracy and the rule of law and urges Member States to guarantee the independence of their media authorities; recalls that the right to seek, receive and impart information and ideas either orally, in writing or in print, in the form of art, or through any other media, is a component of the freedom of artistic expression;
Amendment 204 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Urges the Commission to come up with an ambitious proposal to combat all SLAPPs; further calls on the Commission to ban spyware products such as Pegasus which have been used to carry out surveillance on journalists, human rights activists, opposition figures and lawyers in and outside the EU;
Amendment 205 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls the importance to ensure media freedom, pluralism and independence, the transparency of media ownership and regulation of market concentration, as well as the protection of journalists; calls on the Commission to step up efforts in this direction, including by proposing binding measures and by protecting and promoting funding for investigative journalism;
Amendment 206 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Strongly condemns the continuous smear campaigns in public media against judges, journalists and politicians critical of the current government, including SLAPP (strategic lawsuit against public participation) lawsuits initiated by government agencies, government officials, state-owned companies or individuals with close ties to the government coalitions across Europe; urges the Commission to use all legislative and executive instruments at its disposal to prevent these intimidator actions that endanger freedom of expression from occurring; calls on the Commission, in cooperation with journalists’ organisations, to monitor and report on attacks against journalists, as well as on lawsuits intended to silence or intimidate independent media, and to guarantee access to the appropriate legal remedies;
Amendment 207 #
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Condemns the attacks, detentions and violence against journalists during protests, who have been prevented from reporting, and thus, doing their job; expresses deep concern about the cases of police brutality, particularly against journalists, during protests, and urges accountability; calls on the Commission and the Member States to ensure the safety and protection of journalists, particularly during protests;
Amendment 208 #
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Believes that EU binding rules providing robust and consistent protection for the independent media and journalists from vexatious lawsuits intended to silence or intimidate them in the EU are much needed in order to help end this abusive practice;
Amendment 210 #
Motion for a resolution
Subheading 3
Subheading 3
Rule of law and Fundamental Rights
Amendment 211 #
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Underlines that the emergency measures that have implied concentrations of powers and derogations of fundamental rights go hand in hand with corruption risks; calls on the Member States to step up their efforts to ensure that adequate legislation and institutional frameworks to combat corruption are applied effectively in practice, and that governments act with transparency and accountability; calls on the Member States in this regard to closely follow the guidelines issued by GRECO in 2020 to prevent corruption risks in the context of the pandemic;
Amendment 212 #
Motion for a resolution
Subheading 3 b (new)
Subheading 3 b (new)
Considers that the rule of law is intimately linked with respect for democracy and fundamental rights and highlights that deterioration of any of these values constitutes an attack on the pillars of the Union as stipulated in TEU; repeats the numerous calls by the Parliament to broaden the scope of the Rule of Law report to include all Article 2 TEU values in order to have a holistic overview of the situation in all Member States;
Amendment 213 #
Motion for a resolution
Subheading 3 c (new)
Subheading 3 c (new)
Welcomes the infringement procedures initiated by the Commission against Hungary and Poland as part of the July 2021 infringement package concerning the respect for the human rights of LGBTIQ persons and breaches of EU law, which constitute the first time the Commission has specifically initiated infringements to safeguard their rights; takes note of the Commission’s reasoned opinion to the Hungarian government on the ‘anti-LGBTIQ’ law and the government’s response, and calls on the Commission to proceed with the infringement by bringing the case to the CJEU; takes note of the decision of the Budapest High Court annulling the obligation to print a disclaimer in children’s books in Hungary, and calls on the Commission to monitor the development of the case to assess necessary next steps in the infringement; is concerned over the lack of follow-up vis-a-vie infringement procedures on Polish ‘LGBTI-free’ zones and lack of sincere cooperation by the Polish authorities, and calls on the Commission to send a reasoned opinion to the government;
Amendment 214 #
Motion for a resolution
Subheading 3 d (new)
Subheading 3 d (new)
Recalls that the abuse of discretionary power should be controlled by judicial or other independent review and that available remedies should be clear and easily accessible, including access to an ombudsperson or another form of non- contentious jurisdiction; calls on the Member States to establish mechanisms to prevent, correct and sanction abuse of discretionary powers and to provide adequate reasons for their decisions, in particular when they affect the rights of individuals;
Amendment 215 #
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Recalls that holding legally innocent persons in pre-trial detention is only acceptable as an exceptional measure of last resort; believes that the authorities should take the current COVID-19 context as an historical opportunity to end over-reliance on pre-trial detention and to reconsider their approach to incarceration; stresses the need for EU standards on pre-trial detention establishing a minimum sentence necessary before imposing pre-trial detention so that minor offenders are exempt from the possibility of pre-trial detention; is of the opinion that individuals should not be serving their entire sentence on remand;
Amendment 216 #
Motion for a resolution
Subheading 3 e (new)
Subheading 3 e (new)
Condemns the approach of some EU governments to adopt legislation in fast- track procedures without public consultations, such as constitutional changes to legitimise discriminatory policies that could otherwise not be legislated upon, such as provisions that specifically aim at LGBTIQ persons; notes that the changes approved to the Hungarian constitution, or the ‘anti- LGBTIQ’ bill adopted in June 2021 by the Hungarian Parliament are notable examples of encroachment on the right to equal treatment and the principle of non- discrimination;
Amendment 217 #
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Calls on the Member States to put in place and apply procedures guaranteeing that persons are heard before being passed back to a neighbouring Member State, and formally notify them of the decision taken; denounces that migrants and asylum seekers apprehended after crossing an internal or external EU border are not systematically heard before they are passed back to a neighbouring Member State and are also not systematically notified of the decision to pass them back to another Member State; recalls Member States' obligation to effectively guarantee the right to a fair trial and the right to equality before the law to all people;
Amendment 219 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 220 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the seeming impunity of some national governmentUnderlines that the rule of law is a cornerstone of democracy, maintains the separation of powers, ensures accountability, contributes to trule of law scrutiny, especially Germany, where political parties continue to exert influst in public institutions and guarantees the principles of legality, legal certainty, prohibition of arbitrariness of the executive powers, judicial independence, in the appointment of judges, and seek to eliminate political opposition parties by intimidation and spurious court casempartiality, and equality before the law; stresses that the rule of law and judicial independence in particular are critical for citizens’ ability to enjoy their fundamental rights and freedoms;
Amendment 222 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the seeming impunity of some national governments to rule of law scrutiny, especially Germany, where political parties continue to exert influence in the appointment of judges, and seek to eliminate political opposition parties by intimidation and spurious court casrule of law backsliding in many Member States over different periods and by different levels of authority, from the executive level through procedures such as fast-tracking laws in periods of state emergencies, to the local level such as pervasive abuse by policing authorities;
Amendment 229 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights, such as the use of excessive force by law enforcement authorities during protests and at the EU borders, the lack of guarantees and due process for detainees, incitation of hatred by political actors, the increase in the authorities’ powers to carry out mass surveillance and bulk collection of intercepted data, and restrictions imposed on civil society organisations receiving foreign funding or based on their religious affiliation;
Amendment 230 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is concerned that the Covid-19 pandemic, and responses to it, have had an unprecedented impact on the functioning of courts and on the ability to exercise defence rights, as lawyers’ ability to consult with their clients was severely restricted; underlines that access to police stations and courts were severely restricted, and many court hearings were postponed or moved online; stresses that these measures had serious implications for the ability of persons arrested, prosecuted, or detained to exercise their fair trial rights;
Amendment 232 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Expresses concern about the impact of the COVID-19 crisis on people in detention; stresses that some Member States adopted measures to reduce prison populations, but often only on a temporary basis; underlines that the EU is facing a long-standing crisis in prison overcrowding, which is mainly driven by the excessive use of pre-trial detention; is concerned about the increasing mental health problems among people on remand; calls on the Commission to propose minimum standards on prison and detention conditions in the EU;
Amendment 235 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Strongly condemns the ongoing severe violations of the principles of the rule of law in some Member States, which are causing a serious danger in relation to fundamental rights and freedoms; recognises the links between violation of rule of law and fundamental rights violations in a number of areas such as judiciary, independent journalism and free media;
Amendment 236 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses that despite numerous European Parliament resolutions and reports, and several infringement proceedings and decisions of the CJEU in 2020 and 2021, the rule of law situation in the European Union is continuing to deteriorate, regrets the Commission’s inability to respond properly to the many concerns expressed by Parliament about democracy, the rule of law and fundamental rights in several Member States;
Amendment 238 #
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Is deeply concerned by the fact that the Polish authorities have deliberately and systematically violated rule of law-related judgments and orders of the CJEU; calls on the Polish authorities to comply with the various CJEU and European Court of Human Rights rulings regarding the composition and organisation of the illegitimate ‘Constitutional Tribunal’ and the Disciplinary Chamber of the Supreme Court in order to comply with the standards of judicial independence that Poland committed to;
Amendment 240 #
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Notes that in October2021, pursuant to Article 265 TFEU, Parliament launched an action against the Commission before the ECJ over its failure to act and apply the regulation, which had been requested in two resolutions in 2021 and which followed on from the unsatisfactory replies from the Commission and its attempt to play for time; regrets the fact that the Commission has not yet responded to Parliament’s call to trigger Article 6(1) of the regulation and has not sent written notifications to the Member States concerned, but only sent requests for information to Hungary and Poland in November 2021;
Amendment 241 #
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Reiterates its condemnation of the practice of prosecuting and harassing judges who are critical of the Polish Government; calls on the Disciplinary Chamber in its current composition to stop all of its activities and cases, including legal cases, and to reinstate all judges who have been removed from their positions as adjudicators by this Chamber, including those judges who continue to be prevented from adjudicating despite them having successfully appealed their suspension by the Chamber in a court of law, as the final verdicts on appeal are subsequently and continuously disregarded by the presidents of the courts in which they serve;
Amendment 242 #
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Recalls that the Rule of Law Conditionality Regulation provides a clear definition of the rule of law, which must be understood in relation to the other values of the Union, including fundamental rights and non- discrimination; is of the opinion that state-sponsored discrimination against minorities has a direct impact on which projects the Member States decide to spend EU money on, and therefore directly affects the protection of the financial interests of the Union; calls on the Commission to immediately trigger the procedure provided for in Article 6(1) of the Rule of Law Conditionality Regulation;
Amendment 243 #
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Recalls that no proper response has yet been given to Parliament’s initiative on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights to be governed by an interinstitutional agreement between Parliament, the Commission and the Council; calls on the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement pursuant to Article 295 of the TFEU;
Amendment 244 #
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Highlights that the EU is a Union based on the Rule of Law, and that the enforcement of EU law is crucial to ensure that citizens have real access to their fundamental rights; regrets in this regard that the Commission has made less use of its enforcement tool box, in particular by decreasing the number of infringements it initiates; Notes that citizens, therefore, increasingly have to turn to litigation to attain the enjoyment of their fundamental rights; Calls on the Commission to support this litigation through setting up a dedicated Fund for the Financial Aid to Strategic Litigation for Charter rights.
Amendment 245 #
Motion for a resolution
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Reiterates its position on the Rule of Law Conditionality Regulation, which entered into force on 1 January 2021 and is directly applicable in its entirety in the European Union and all its Member States for all funds of the EU budget, including resources allocated through the EU Recovery Instrument since then;
Amendment 246 #
Motion for a resolution
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Strongly condemns the efforts of the governments of some Member States to weaken the separation of powers and the independence of the judiciary; expresses its deep concern, in particular, about decisions which call into question the primacy of European law and calls on the Commission to use all available means to take action against these attacks;
Amendment 247 #
Motion for a resolution
Paragraph 5 g (new)
Paragraph 5 g (new)
5g. Stresses that under Article 47 of the Charter, the fundamental right to an effective remedy requires access to an independent tribunal; notes the increasing challenges posed by national constitutional courts and some politicians in this regard and calls on the Member States to respect the crucial role of the CJEU and to comply with its rulings;
Amendment 248 #
Motion for a resolution
Paragraph 5 h (new)
Paragraph 5 h (new)
5h. Reiterates that corruption is a serious threat to democracy, the rule of law and fair treatment for all citizens; highlights the link between corruption and fundamental rights violations in a number of areas such as the independence of the judiciary, media freedom and freedom of expression of journalists and whistle-blowers, detention facilities, access to social rights, or trafficking of human beings;
Amendment 249 #
Motion for a resolution
Paragraph 5 i (new)
Paragraph 5 i (new)
Amendment 250 #
Motion for a resolution
Paragraph 5 j (new)
Paragraph 5 j (new)
5j. Stresses that in action and a lax approach towards oligarchic structures and the systemic violation of the rule of law weaken the entire European Union and undermine the trust of its citizens; underlines the need to ensure that taxpayers’ money never ends up in the pockets of those who undermine the EU’s shared values;
Amendment 251 #
Motion for a resolution
Paragraph 5 k (new)
Paragraph 5 k (new)
5k. Welcomes the rapid establishment of an efficient, independent and fully operational European Public Prosecutor’s Office (EPPO) in order to strengthen the fight against fraud in the European Union; highlights the importance of supporting and strengthening cooperation between the EU institutions, the Member States, the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO);
Amendment 252 #
Motion for a resolution
Paragraph 5 l (new)
Paragraph 5 l (new)
5l. Stresses the need to monitor and enforce the compliance with all Article 2 TEU values comprehensively; calls on the Commission to integrate this comprehensive monitoring in an Annual Democracy, Rule of Law and Fundamental Rights report;
Amendment 253 #
Motion for a resolution
Subheading 4
Subheading 4
Amendment 254 #
Motion for a resolution
Subheading 4
Subheading 4
Amendment 255 #
Motion for a resolution
Subheading 4
Subheading 4
Right to congregate, free movement and freedom of consciences of minorities and vulnerable groups
Amendment 256 #
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Welcomes the Commission’s commitment to present in 2022 a Regulation on the mutual recognition of parenthood between Member States, which will create legal certainty for rainbow families across the EU.
Amendment 257 #
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Calls on all Member States to respect the bodily autonomy of all people, in particular by banning intersex genital mutilation , so-called ‘conversion therapy’ practices, and the forced sterilisation of trans people as a precondition for accessing legal gender recognition; reiterates that legal gender recognition laws should be adopted in accordance with international human rights standards, there by being accessible, affordable, administrative, quick and based on self-determination;
Amendment 258 #
Motion for a resolution
Subheading 4 b (new)
Subheading 4 b (new)
Is concerned about reports of excessive force, police brutality and misconduct against Romani people reported across the EU, in line with the 2020 findings of the European Union Agency for Fundamental Rights (FRA), which also revealed that Romani people are subject to widespread poverty, inadequate living conditions, poor health, exclusion from the labour market and harassment.
Amendment 259 #
Motion for a resolution
Subheading 4 c (new)
Subheading 4 c (new)
Condemns the persisting social exclusion and anti-gypsyism that lead to the disproportionate criminalisation of Romani people and calls on the Commission to put forward better legislation and specific policy measures to prevent such incidents and ensure justice for victims, while placing the fight against anti-gypsyism at the heart of EU policies;
Amendment 261 #
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 262 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Condemns the violence of Antifa rioting in the midst of peaceful vaccine passport protests across Europe; notes the allegations that they are working in cooperation with police authorities to create headlines and discredit the protestpush backs and violence against migrants and asylum seekers at the external borders; Calls on the Commission and the Member States to set up a fully-fledged fundamental rights monitoring system at the external borders; Calls on the Commission to start infringement procedures where there are indications of push backs and violence; Calls on Frontex to suspend all operations in Member States where such instances take place and to provide full transparency and accountability of its operational activities;
Amendment 266 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that the rights of access to health, in particular to sexual and reproductive health, are fundamental rights of women which should be reinforced and which should in no case be reduced or taken away;
Amendment 268 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Insists on the fact that gender- based violence must be tackled at European level in order to put an end to inequalities in protection between Member States; welcomes the Commission's proposal for a directive on combating violence against women and domestic violence; nevertheless regrets that the Commission proposal does not take into account Parliament's desire to include gender-based violence in Article 83 of the Treaty;
Amendment 269 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses the importance of combatting gender-based violence in all its forms and advancing gender equality and women’s rights; welcomes the Commission’s proposal for a directive on “combating violence against women and domestic violence” presented on March 8th, 2022, which proposes among others measures in the areas of criminalization of certain forms of violence, including criminalisation of rape based on lack of consent and certain forms of cyber violence, as well as measures on protection of victims, and access to justice, victim support and prevention;
Amendment 270 #
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Regrets that in the European Union one in three women above 15 years of age has experienced some form of physical or sexual violence; is highly concerned about the alarming increase in incidents of gender-based violence, particularly in regard to domestic violence, due to health-related measures imposed to curb the spread of the COVID- 19 pandemic (e.g., lockdowns);
Amendment 271 #
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Urges the Council to conclude the Union’s ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (i.e., Istanbul Convention); regrets that to this date not all 27 EU Member States have ratified the Convention and reiterates its call on Bulgaria, the Czech Republic, Hungary, Latvia, Lithuania and Slovakia to ratify the Convention;
Amendment 272 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 274 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Condemns the approach of some EU governments to adopt legislation in fast-track procedures without public consultations or even, in exceptional cases, constitutional changes as a way to legitimise discriminatory policies that could otherwise not be legislated upon, such as provisions that specifically aim at LGBTIQ persons; notes that the changes approved to the Hungarian constitution, or the ‘anti-LGBTIQ’ bill adopted in June 2021 by the Hungarian Parliament are notable examples of encroachment on the right to equal treatment and the principle of non-discrimination;
Amendment 275 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights that smear campaigns against LGBTIQ people and civil society more broadly are more prevalent in Member States in which media freedom is under attack;
Amendment 276 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the clear support by 18 Member States who published a joint statement condemning the anti-LGBT amendments in Hungary’s Child Protection Law; welcomes the reiterated support for fighting against discrimination against LGBTIQ people by 16Member States; stresses that the promotion of the European way of life unquestionably includes the promotion of tolerance, acceptance, non-discrimination and equal treatment;
Amendment 277 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Welcomes the Commission’s commitment to present in 2022 a Regulation on the mutual recognition of parenthood between Member States, which will create legal certainty for rainbow families across the EU;
Amendment 278 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Stresses the need for the recognition of all partnerships for the purposes of freedom of movement, including for non-EU partners of EU nationals; is alarmed at the continuing non-implementation of the 2018 CJEU Coman & Hamilton Case(C-673/16), which recognised that the term “spouse” includes same-sex spouses under EU freedom of movement laws; points out the submission of a complaint to the Commission pertaining to an identical Romanian case (A.B. and K.V. v. Romania - 17816/21; complaint (CHAP(2019)3147)); stresses that the Commission's inaction has resulted in the Coman & Hamilton plaintiffs bringing the case to the ECtHR in an attempt to secure legal redress (Coman and others v. Romania – 2663/21); reiterates its call on the Commission to open infringement procedures against Romania for the non- implementation of the Coman & Hamilton case;
Amendment 279 #
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls on all Member States to respect the bodily autonomy of all people, in particular by banning intersex genital mutilation, so-called ‘conversion therapy’ practices, and the forced sterilisation of trans people as a precondition for accessing legal gender recognition; reiterates that legal gender recognition laws should be adopted in accordance with international human rights standards, thereby being accessible, affordable, administrative, quick and based on self-determination;
Amendment 280 #
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Welcomes the infringement procedures initiated by the Commission against Hungary and Poland as part of the July 2021 infringement package concerning the respect for the human rights of LGBTIQ persons and breaches of EU law, which constitute the first time the Commission has specifically initiated infringements to safeguard their rights; takes note of the Commission’s reasoned opinion to the Hungarian government on the ‘anti-LGBTIQ’ law and the government’s response, and calls on the Commission to proceed with the infringement by bringing the case to the CJEU; takes note of the decision of the Budapest High Court annulling the obligation to print a disclaimer in the children’s book in Hungary, and calls on the Commission to monitor the development of the case to assess necessary next steps in the infringement; is concerned over the lack of follow-up on the infringement on the Polish ‘LGBTI- free’ zones and lack of sincere cooperation by the Polish authorities, and calls on the Commission to send a reasoned opinion to the government;
Amendment 281 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 284 #
Motion for a resolution
Subheading 5
Subheading 5
Amendment 285 #
Motion for a resolution
Subheading 5
Subheading 5
Amendment 286 #
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Is concerned about the increase of hate speech and smear campaigns across Members States, often perpetrated by high-ranking public officials or leading politicians, which specifically target media, NGOs and certain social groups or minorities, such as LGBTIQ persons; notes their undeniable impact on civil space, creating an unsafe environment for civil society and human rights defenders; is alarmed by the numerous examples of attacks on LGBTI offices and staff in 2021 alone in several member states
Amendment 287 #
Motion for a resolution
Subheading 5 b (new)
Subheading 5 b (new)
Encourages Member States to fully transpose and apply the Framework Decision on Racism and Xenophobia to criminalise racist hate crime and hate speech; Encourages Member States to take the necessary measures to ensure that a racist or xenophobic motive is considered an aggravating circumstance or, alternatively, that the courts may take such a motive into consideration in determining the penalties.
Amendment 288 #
Motion for a resolution
Subheading 5 c (new)
Subheading 5 c (new)
Welcomes the Commission’s proposal for a Council Decision to extend the list of EU crimes in December 2021 to ‘hate crime and hate speech’ and calls on the Council to diligently work towards its unanimous adoption; recalls the need for the Commission and the Member States to work in cooperation with internet companies in order to provide adequate safeguards and to thoroughly implement the Code of Conduct on countering illegal hate speech online;
Amendment 289 #
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 290 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates that freedom of speech is a fundamental right, vital for the development of a pluralisticDeplores the fact that a significant number of Roma people in the EU still live in marginalised settlements in extremely precarious conditions and in very poor socio-economic circumstances, often lacking access to clean drinking water, electricity, safe and ademocratic society; emphasises that any restriction to the quate housing, education, employment, healthcare, sewage facilities and waste collection; recalls that the situationl ine or offline exercise of this freedom, such as the removal of content, must be exceptional, prescribed by law and justified by the pursuit of a legitimate aim, in accordance with Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 Roma settlements is in clear violation of human rights and fundamental rights and has serious ramifications, especially for Roma children; urges the Member States to follow the Council recommendation on Roma equality, inclusion and participation as well as the EU Roma Strategic Framework on Equality, Inclusion and Participation for 2020 - 2030 and to make full use of EU and national funding towards this end; calls ofn the European Convention on Human RightsCommission to intensify the monitoring of Member States’ progress and take further steps accordingly;
Amendment 296 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is concerned about the fact that the Member States have different thresholds for the use of force and weapons by law enforcement authorities for maintaining public order; urges the prohibition of certain types of less-lethal weapons and devices for maintaining public order, such as tear gas, stun grenades and LBD 40 launchers; calls on Member States to refrain from adopting restrictive laws concerning freedom of assembly;
Amendment 297 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Strongly condemns the discrimination and segregation of Roma women in maternal health care facilities; welcomes that the Czech Republic adopted a compensation-law for victims of forced and illegal sterilization, Slovak’s government took a step and apologized in 2021 but for the moment no compensation law has been proposed.
Amendment 300 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that under international human rights law, certain restrictions can be lawfully placed on the right to freedom of peaceful assembly in order to protect public health or other legitimate interests, but they must be provided by law and be necessary and proportionate to a specific aim; expresses deep concern at imposing blanket bans on protests, prohibiting or restricting protests where other public gatherings of similar sizes remained unaffected or using force against peaceful protesters;
Amendment 301 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that the COVID-19 pandemic does not relieve law enforcement authorities of their obligation to carefully balance the interests at stake and to use their powers in a manner that complies with their human rights obligations; recalls that when violations of human rights related to policing and the use of force have taken place, Member States must conduct prompt, thorough, effective and independent investigations, and ensure that all those responsible are held accountable in fair trials;
Amendment 305 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 306 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. ICalls concerned about the use of the vague notion of ‘hate speech’; calls on the Commission and the Member States to work, in cooperation with internet companies, to provide adequate safeguards, in particular to ensure that any interference is limited to what is necessary and proportionate, and to include the possibility of judicial redress; the Member States to ensure proper involvement of social-legal protection bodies regarding children and social guardianship in marginalised Roma communities in order to ensure that children receive the protection and care necessary for their well-being and development, while respecting their best interests and to put in place procedures tailored to the different needs of marginalised Roma communities in order to carry out their duties in the same way as for children from the majority population;
Amendment 307 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned about the use of the vague notion of ‘hate speech’; calls on the Commission and the Member States to work, in cooperation with internet companies, to provide adequate safeguards, in particular to ensure that any interference is Highlights the growing racist and xenophobic sentiments by opinion leaders, politicians and the media that have created a hostile climiated to what is necessary and proportionate, and to include the possibility of judicial redress for advocates and organisations working against racism;
Amendment 309 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 310 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for transparent implementation and public review of the EU Guidelines on the promotion and protection of freedom of religion or belief, adopted by the Council on 24 June 20137 , as called for by Parliament in its resolution of 15 January 2019 on EU Guidelines and the mandate of the EU Special Envoy on the promotion of freedom of religion or belief outside the EU8 ; calls for progress reports on the implementation of the Guidelines to be communicated regularly to Parliament and the Council; __________________ 7 https://www.consilium.europa.eu/uedocs/c ms_data/docs/pressdata/EN/foraff/137585 .pdf 8 OJ C 411, 27.11.2020, p. 30.Deplores the fact that the practice of segregation of children from minority groups in schools remains a significant issue in Europe; emphasises that such practices often stem from misdiagnosing these children with intellectual disabilities based on their social or personal circumstances; calls on the Member States to strengthen their inclusive policies to prevent these discriminatory practices, both intentional and non-intentional and to put in place supervisory mechanisms in order to review and where necessary reverse diagnostic decisions;
Amendment 311 #
Motion for a resolution
Subheading 6
Subheading 6
Amendment 312 #
Motion for a resolution
Subheading 6
Subheading 6
Amendment 313 #
Motion for a resolution
Subheading 6
Subheading 6
Amendment 314 #
Motion for a resolution
Subheading 6
Subheading 6
Amendment 315 #
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Recalls the European Parliament resolution of 19 June 2020 on the anti- racism protests following the death of George Floyd which reaffirms that Black Lives Matter; Reinstates its support for the massive protests in European capitals and cities all around the world against racism and discrimination following the death of George Floyd in 2020;Supports the protesters’ call to take a stand against oppression and structural racism in Europe;
Amendment 316 #
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Expresses its deep concern at the information that has been published about the European Border and Coast Guard Agency, acknowledging its involvement and knowledge in pushbacks; Calls on the Commission to investigate and to take the necessary measures in Frontex to put an end to these practices;
Amendment 317 #
Motion for a resolution
Subheading 6 b (new)
Subheading 6 b (new)
Notes that the EU Agency for Fundamental Rights pointed out that discriminatory institutional practices, policies and laws exist in many EU Member States;
Amendment 318 #
Motion for a resolution
Subheading 6 c (new)
Subheading 6 c (new)
Is concerned by individual, structural, and institutional forms of racism and xenophobia in the EU and rising discrimination against Arabs, Black Europeans, People of Asian descent, Jewish people, Muslims, and Romani people;
Amendment 319 #
Motion for a resolution
Subheading 6 d (new)
Subheading 6 d (new)
Stresses that as pointed out in the Fundamental Rights Agency’s 2021Report, Member States should significantly improve the effectiveness of their measures and institutional arrangements for applying fully and correctly the Racial Equality Directive in particular by enhance the independence of equality bodies by ensuring they are appropriately mandated and resourced to fulfil effectively the tasks assigned to them in the EU’s non-discrimination legislation;
Amendment 320 #
Motion for a resolution
Subheading 6 e (new)
Subheading 6 e (new)
Welcomes the appointment of the EU Coordinator on Anti-Racism in May2021, the organisation of the EU Anti-Racism Summit, the creation of a Permanent Forum of consultation with civil society on anti-racism and the Council Conclusions on racism and antisemitism;
Amendment 321 #
Motion for a resolution
Subheading 6 f (new)
Subheading 6 f (new)
Calls on the Member States to ensure the full implementation of legislation and to pass the Equal Treatment Directive in order to combat persisting racism and discrimination against racialised/ethnic groups, religious minorities, people with disabilities and LGBTIQ+ people;
Amendment 322 #
Motion for a resolution
Subheading 6 g (new)
Subheading 6 g (new)
Calls on the Member States to adopt National Action Plans Action Racism(NAPARs) by the end of 2022 and prioritise actions to tackle lack of access to justice, and sustained socio-economic inequalities in areas such as housing, healthcare, employment and education, which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barriers to inclusion and equality;
Amendment 324 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 325 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Fully supports the work of Frontex in their difficult task protecting the EU external borders against floods of illegal migrantsHighlights Article37 of the Charter of Fundamental Rights of the European Union, which affirms that measures towards achieving a high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union;
Amendment 327 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Condemns that some Member States have adopted laws, policies and practices that undermine the effective protection of the human rights of refugees, asylum seekers and migrants, on land and at sea; calls on the European Commission and Member States to put the human rights of migrants, asylum seekers and refugees, as well as the principle of responsibility sharing, at the centre of its migration and asylum policies;
Amendment 329 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
Amendment 331 #
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 333 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Strongly condemns NGOs masquerading as aid agencies while facilitating the smuggling of unqualified migrants into the EU; urges the Commission to cease funding such entitiesCalls on the Commission to adopt the respective legislative initiatives without delay, and to follow with the adoption of further planned legislation in accordance with the original timeline; emphasises the urgent need of including relevant environmental concerns into the decision-making process of all policies and initiatives and believes that sustainability must be the guiding principle for all macroeconomic policies to ensure the just transition to an environmentally sustainable economy, while protecting and creating sustainable employment; and in order to deal with one of the most significant threats facing humanity;
Amendment 334 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Strongly condemns NGOs masquerading asesses that the saving of lives is a legal obligation under international law aind agencies while facilitating the smuggling of unqualified migrants into the EU; urges the Commission to cease funding such entitieEU law; strongly condemns criminal proceedings initiated in some Member States against civil society organisations and individuals for providing humanitarian assistance to migrants; calls on Member States to ensure that prosecution is not pursued against individuals and civil society organisations assisting migrants for humanitarian reasons;
Amendment 339 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes with regret that during the Covid-19 pandemic the Roma population has been scapegoated on many occasions, especially during the first wave; notes that they were exposed to stigmatization, discrimination and hate speech linking the virus to their ethnicity; deplores that some media and social networks often portrayed Roma as a public health hazard responsible for spreading the virus;
Amendment 341 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Regrets that COVID-19 pandemic disproportionately affected the marginalized Roma communities due to poor housing conditions, limited access to water, electricity and sanitation; notes that their situation was further exacerbated by poverty, as many of them were left without any income due to strict quarantine measures;
Amendment 342 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Is appalled by the fact that throughout the pandemic the younger generation of Roma had little access to schooling due to limited access to internet and appropriate IT equipment, which left them behind the school education even further;
Amendment 343 #
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Calls on the Commission and the Member states to step up their policies of addressing the poverty and social exclusion of Roma communities, with a special attention to the rights of Roma women and children;
Amendment 344 #
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 346 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Commission to adhere to its competences under the treaties, and not seek to encroach on Member StatCalls for the EU wide implementation of the Aarhus Convention that links environmental rights and human rights; highlights that environmental impairment and the failure of some public authorities to provide information about serious environmental risks to which individuals are exposed, may have soevereignty, especially in the area of health legislation; harmful consequences for individuals; calls for the protection of journalists, activists, NGOs, rights defenders, whistleblowers and public watchdogs acting in these fields.
Amendment 347 #
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 349 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines that the respect for fundamental rights at borders remained one of the top human rights challenges in the EU; strongly condemns the pushbacks and fundamental rights violations at external borders, as well as of the criminalisation of humanitarian workers and activists and of the use of EU funding, which has disproportionately served to construct closed facilities and strengthen external borders; calls on the Commission and the Member States to investigate all the allegations of pushbacks and fundamental rights violations and increase transparency on the measures taken;
Amendment 350 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Expresses deep concerns about the increased use of technology at borders, which is proved to be extremely intrusive on individuals; urges the Commission and the Member States to set up independent monitoring mechanisms at borders, which should also cover the monitoring of border-surveillance activities, and to ensure fundamental rights compliance;
Amendment 351 #
Motion for a resolution
Subheading 7
Subheading 7
Amendment 352 #
Motion for a resolution
Subheading 7
Subheading 7
Amendment 353 #
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 355 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Deeply regrets the draconian imposition of the EU Digital COVID Certificate, which has seen the fundamental rights of every EU citizen damaged or lost; notes that the costs (financial as well as psychological) far outweigh any health benefits, as healthy people and those at low risk of death from COVID-19 are forced to obey ever- changing, unreasonable, disproportionate and ineffective legal mandates in order to meet their family, enter their workplace (including the premises of the European Parliament), cross Schengen borders, attend a place of worship, or enter a concert hall, shopping centre or social club; notes that the costs of these unprecedented governmental controls will be regretted by many for decades to come;Calls on the Council to urgently conclude the EU ratification of the Istanbul Convention on the basis of a broad accession without any limitations, and to advocate its ratification by all the Member States, in particular Bulgaria, Czechia, Hungary, Latvia, Lithuania and Slovakia which haven’t ratify it ; Strongly condemns the attempts in some Member States, in particular Poland, to revoke measures already taken in implementing the Istanbul Convention and in combating violence against women and to step out of the Convention.
Amendment 357 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Emphasises that the COVID-19 pandemic showed severe gaps in the capacity and preparedness of healthcare, education, employment and social protection systems of Member States; strongly believes that Member States must greatly improve their healthcare, social welfare and social assistance systems to ensure they provide full support to everyone, and notably to those more vulnerable, even during a crisis, thereby adequately protecting health, economic and social rights of all; Recalls that in accordance with Article 6 of the TFEU the competence to protect and improve human health lies with the EU Member States; underlines the high level of Covid- 19 comorbidities among chronic patients; recalls the critical situation of patients with rare diseases in many Member States, lacking diagnosis, proper treatment and medical care;
Amendment 358 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Reminds that the Covid-19 pandemic, especially in its early phases, caused severe violations of the freedom of movement and freedom of work and deterioration of working and living conditions, including for seasonal and cross-border workers throughout the Union;
Amendment 360 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the Member States to ensure that restrictions on Fundamental Rights resulting from the pandemic are lifted as soon as the situation of public health allows, and that all rights and freedoms are restored in full;
Amendment 361 #
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 363 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expresses grave concern about the excessive lockdown measures, which have put businesses into debt and closure, seen people separated from their loved ones and families (often during their final hours), increased mental illness through isolation, led to rises in domestic violence, as people are imprisoned in their homes and prevented from having external contact, and seen children unnecessarily masked and vaccinated; urges the Member States to encourage early treatment of the SARS-CoV-2 infection9 ; __________________ 9 Alexander, P.E. et al. ‘ECondemns the continuous and persistent backlash in some Member States, particularly Poland, Slovakia, Croatia or Lithuania, against women’s rights, including sexual and reproductive health and rights; emphasises that restrictive abortion laws do not only represent a flagrant violation of the human rights of women and girls and their bodily autonomy, but their effects are also contra-productive and in direct opposition to their proclaimed goal of saving lives, as illustrated by the cases of two Polish women who died of sepsis after having been denied life-saving abortion; urges the Member States to take effective steps to remedy such existing violations of human rights and women´s rights and to put necessarly multidrug treatment of SARS-CoV-2 infection (COVID-19) and reduced mortality among nursing home (or outpatient/ambulatory) residents’, PMC, 5 June 2021, https://www.ncbi.nlm.nih.gov/pmc/articles /PMC8178530/echanisms in place to prevent their occurrence in the future; calls on the Commission to put greater emphasis on sexual and reproductive health and rights in its annual Rule of Law Report;
Amendment 365 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expresses grave concern about the excessive lockdown measures, which have put businesses into debt and closure, seen people separated from their loved ones and families (often during their final hours), increased mental illness through isolation, led to rises in domestic violence, as people are imprisoned in their homes and prevented from having external contact, and seen children unnecessarily masked and vaccinated; urges the Member States to encourage early treatment of the SARS-CoV-2 infection9 ; __________________ 9 Alexander, P.E. et al. ‘Early multidrug treatment of SARS-CoV-2 infection (COVID-19) and reduced mortality among nursing home (or outpatient/ambulatory) residents’, PMC, 5 June 2021, https://www.ncbi.nlm.nih.gov/pmc/artRecalls that during the pandemic of Covid-19 some Member States restricted access to sexual and reproductive health and rights services, including abortion; strongly emphasizes that sexual and reproductive health and rights services must be recognized as essential and be available even during global health emergencies, given the time- sensitivity of the nature of these servicles /PMC8178530/;
Amendment 369 #
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 371 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the President of Parliament to rescind the obligation for Parliament staff to show their EU Digital COVID Certificate in order to access their workplace, as this is in contravention of the GDPR, whereby personal data collected f1. Is alarmed by the significant increase in domestic violence during the pandemic of Covid-19; commends prompt responses by some national, regional and local governments to put in place measures to help victims of domestic violence, such as expansion of helplines and information sharing, introduction of codeword schemes at pharmacies, pop-up counselling centres at grocery shops or cone purpose (crossing borders) cannot be repurposed for another (entering Parliament’s premises), with the privacy contraventions this entails; further urges her to seek assurance that DNA data has not been collected, stored and transferred to third partiescealed applications to facilitate reporting of domestic violence and abuse; points out, however, to the general lack of shelters or other safe accommodation options for survivors of domestic violence; therefore urges the Member States to allocate adequate funding to existing shelters to help them increase their capacities, as well as to facilitate the setting-up of additional shelters and safe housing facilities for survivors, including for accompanying minors; moreover calls on the Member States to ensure that services for survivors are regarded as essential and remain open, and are complemented by adequate and specialized training for police forces as well as targeted justice responses with the aim to increase preparedness for the future;
Amendment 373 #
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 376 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Regrets the backlash against women’s and girl’s rights intensified as some Member States have sought to roll back on sexual and reproductive health and rights using Covid-19 pandemic as a pretext for limitation of access to abortions, contraception and gynaecological services, underlines that despite the pandemic in some Members States there have been attempts to restrict existing legal protections for women’s access to abortion are, including the introduction of regressive pre-conditions before abortions can take place, such as mandatory biased counselling or waiting period; particularly condemns that Slovakia count more than 20 parliamentary attempts of limitation of access to abortions over this period of time;
Amendment 383 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 384 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Recognises that poverty is another form of discrimination that results in the violation of fundamental rights, especially of those groups whose rights are already most affected, such as women, migrants, black people and people of colour and ethnic minorities, the LGBTIQ community and children; highlights the particular vulnerability of children and the impact that poverty has on them and on their physical and psychological development; it calls on the Commission, the Council and the Member States to develop policies to reduce poverty, with special attention to children; calls on the Member States to guarantee access to health care, quality education and housing on an equal footing for all and to put an end to the reduction of public services, which has led to higher rates of poverty and, above all, inequality; recalls that economic and social rights are fundamental rights; reiterates its call on the Council and the Commission to consider fundamental rights while making economic policy proposals;
Amendment 386 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that housing is a prime necessity and that access to housing is a fundamental right, as citizens who lack housing cannot participate fully in society or access all their fundamental rights; calls on the Member States to accept without delay to be bound by Article 31 of the revised European Social Charter on the right to housing; expresses concern that, in particular, young people are deprived of housing due to the huge growth in housing prices, especially in certain urban areas;
Amendment 390 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Stresses that the right to a quality job that allows compatibility with personal and family life and development should be guaranteed by the Member States, as it is the best way to end poverty; recognises that the existence of cases of labour exploitation and abuse is a clear violation of this right; calls on the Member States to strengthen labour inspections and to take measures to end labour abuse;
Amendment 391 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls on the Commission to look into what steps are needed for accession by the European Union to the European Social Charter, and to propose a timeframe for achieving that objective;