BETA

43 Amendments of Alice KUHNKE related to 2022/0426(COD)

Amendment 42 #
Proposal for a directive
Recital 1
(1) Trafficking in human beings is a serious crime, often committed within the framework of organised crime, a gross violation of fundamental rights and explicitly prohibited by the Charter of Fundamental Rights of the European Union. Preventing and combatting trafficking in human beings remains a priority for the Union and the Member Statesas well as ensuring the protection and support for victims of all forms of trafficking remains a priority for the Union and the Member States. Member States have primary responsibility to respect, protect and promote the rights of all trafficked persons regardless of their country of origin.
2023/07/07
Committee: LIBEFEMM
Amendment 44 #
Proposal for a directive
Recital 1 a (new)
(1a) The root causes why persons fall victim to human trafficking are divers. Poverty, conflict, inequality, gender based violence, the absence of viable employment opportunities or social support, discrimination and marginalization are some among the main contributing factors that make persons, especially women, children and other marginalized groups, vulnerable to trafficking and exploitation. The lack of safe and legal migration opportunities and the general demand for cheap and exploitative labour, services and acts, combined with the lack of legal protection, exposes people to a considerable risk of exploitation and abuse. Many migrant workers with precarious, dependent or irregular status experience conditions below those required by minimum labour standards, in terms of pay, working time, rest periods, sick leave, holiday, health and safety.
2023/07/07
Committee: LIBEFEMM
Amendment 48 #
Proposal for a directive
Recital 2
(2) Directive 2011/36/EU of the European Parliament and the Council28 constitutes the main Union legal instrument on preventing and combating trafficking in human beings and protecting the victims of this crime. That Directive sets out a comprehensive framework to address trafficking in human beings by establishing minimum rules concerning the definition of criminal offences and sanctions. It also includes common provisions to strengthen prevention and protection of victims, taking into account the gender perspective. Directive 2011/36/EU also requires Member States to provide adequate protection and support to child victims, namely unaccompanied children and children deprived of parental care. _________________ 28 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101, 15.4.2011, p. 1–11.
2023/07/07
Committee: LIBEFEMM
Amendment 53 #
Proposal for a directive
Recital 3
(3) The EU Strategy on Combatting Trafficking in Human Beings 2021-202529 sets out a policy response adopting a multi- disciplinary and comprehensive approach from prevention through protection of victims, to prosecution and conviction of traffickers. It included a series of actions to be implemented with the strong involvement of civil society organisations. In order to address evolving trends in the area of trafficking in human beings, as well as shortcomings identified by the Commission and experts, as well as civil society organisations working in the field and in direct contact with the victims, and to further step up efforts against this crime, it is necessary, nevertheless, to amend Directive 2011/36/EU. Identified threats and trends, which require the adoption of new rules concern in particular regarding the modi operandi of traffickers, including the commission or facilitation of offences concerning trafficking in human beings by means of information and communication technologies, and the need to adopt a holistic, human rights and intersectional approach to all measures aimed at preventing and combating trafficking in human beings, as well as at supporting and protecting victims. Identified shortcomings of the criminal law response requiring an adaptation of the legal framework relate to offences concerning trafficking in human beings committed in the interest of legal persons, to the data collection system, and to the national systems aimed at the early identification of, assistance to and support for victims of trafficking. _________________ 29 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Strategy on Combatting Trafficking in Human Beings 2021–2025, COM(2021) 171 final, 14.4.2021.
2023/07/07
Committee: LIBEFEMM
Amendment 61 #
Proposal for a directive
Recital 4
(4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage and, illegal adoption and institution-related trafficking in the forms of exploitations explicitly listed in the Directive and to ensure that the Member States address within their national legal systems the widest range of forms of exploitation, insofar as these fulfil the constitutive elements of trafficking in human beings.
2023/07/07
Committee: LIBEFEMM
Amendment 66 #
Proposal for a directive
Recital 4 a (new)
(4a) The commitment of Member States in preventing and combating trafficking in human being should be shown by the adoption of National anti-trafficking Action Plans. The National anti- trafficking Action Plans should contain comprehensive measures, including preventive, monitoring, data collection, coordination, due diligence, measures to prevent re-trafficking, and should be developed and updated regularly in consultation with civil society organisations.
2023/07/07
Committee: LIBEFEMM
Amendment 69 #
Proposal for a directive
Recital 4 b (new)
(4b) In order for Member States to comply with their primary responsibility to respect, protect and promote the rights of all trafficked persons regardless of their country of origin, Member States should ensure that the standard of due diligence along with the principle of State responsibility, as well as the use of a holistic, human-rights and intersectional based-approach methodology affirming the centrality of victims as rights-holders, are incorporated in their national legislation. Member States should also ensure that their national frameworks to prevent and combat trafficking in human beings contribute to the elimination of all forms of discrimination on grounds such as gender, sex, race or ethnicity, immigration or other status, or a combination of those, and that they are implemented in a way that do not affect victims negatively.
2023/07/07
Committee: LIBEFEMM
Amendment 72 #
Proposal for a directive
Recital 5
(5) An increasing number of offences concerning trafficking in human beings is committed or facilitated by means of information or communication technologies. Traffickers use the internet and social media inter alia to recruit, advertise or exploit victims, exercise control and organise transport. Internet and social media are also used to distribute exploitative materials. Information technology also hampers timely detection of the crime and identification of the victims and perpetrators. It is thert is therefore important to explicitly address the online dimension of the crime into the legal framework and to establish safeguards to prevent technology-facilitated trafficking, while ensuring that competent authorities’ effore important to explicitly include the online dimension of the crime into the legal frameworkts directed at preventing, detecting, investigating and prosecuting trafficking online are limited to what is necessary and proportionate and that victims’ rights to privacy and protection of personal data are respected.
2023/07/07
Committee: LIBEFEMM
Amendment 73 #
Proposal for a directive
Recital 7
(7) In combatting trafficking in human beings, full use is to be made of existing instruments on the freezing and confiscation of proceeds and instrumentalities of crime, such as Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on asset recovery and confiscation]30 . The use of fFrozen and confiscated instrumentalities and proceeds from the offences referred to in Directive 2011/36/EU should be used, as a matter of priority, to support victims’ assistance and protection, including through direct compensation of victims and Union trans-border law enforcement counter-trafficking activities, should be encouraged. . Where it is not possible to use frozen and confiscated instrumentalities and proceeds to support victims’ assistance and protection through direct compensation, frozen and confiscated assets should be used for social purposes, in particular through assignment to organisations carrying out work of social interest to assist and support victims of trafficking. Frozen and confiscated assets should not constitute the only means of providing compensation, support, or assistance to victims. Member States should, to that effect, establish a national fund for victims of trafficking. _________________ 30 COM (2022) 245.
2023/07/07
Committee: LIBEFEMM
Amendment 81 #
Proposal for a directive
Recital 8
(8) In order to enhance the national capability to identify victims at an early stage, and to refer them to the appropriate protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation and ensure the early identification of, assistance to and support for victims, in cooperation with the relevant support organisations.
2023/07/07
Committee: LIBEFEMM
Amendment 83 #
Proposal for a directive
Recital 8 a (new)
(8a) Victims of trafficking should not be detained, charged or prosecuted with administrative or criminal offences or excluded from assistance, support and protection measures because of their residence, immigration, or labour status. Fears of forced return to their country of origin, or of criminal prosecution and punishment can prevent victims from seeking protection and assistance, thus limiting their access to justice, and decreasing the likelihood that they will report trafficking offenders to the authorities.
2023/07/07
Committee: LIBEFEMM
Amendment 88 #
Proposal for a directive
Recital 8 b (new)
(8b) Protection of and support to victims of trafficking, including by regularisation of their residence, migration, or labour status, should not be conditional on their cooperation in the criminal investigation, prosecution or trial for offences related to their situation as trafficked persons, or on the success of such proceedings. Victims of trafficking should not be detained, charged or prosecuted with administrative or criminal offences or excluded from support measures because of their decision not to cooperate with investigating or prosecuting authorities.
2023/07/07
Committee: LIBEFEMM
Amendment 92 #
Proposal for a directive
Recital 9
(9) In order to further reinforce and harmonise the criminal justice efforts on demand reduction across Member States, it is important to criminalise the use of services and acts which are the objects of exploitation with the knowledge that the person is a victim of an offence concerning trafficking in human beings, taking into particular consideration instances where more than one form of exploitation has occurred. Restricting criminal liability only to the situation where the user has direct and actual knowledge that the person is a victim of human trafficking creates a very high threshold for achieving prosecutions. The user should therefore demonstrate that all reasonable steps were taken to avoid the use of services provided by a victim. Establishing this as a criminal offence is part of a comprehensive approach to demand reduction, which aims to tackle the high levels of demand that fosters all forms of exploitation.
2023/07/07
Committee: LIBEFEMM
Amendment 100 #
Proposal for a directive
Recital 9 a (new)
(9a) To achieve the objective of discouraging the demand that encourages trafficking, criminal justice efforts need to be combined with other measures. Such measures should include victim-centre information and awareness-raising campaigns, training, including training specifically designed for men, education activities promoting equality and combating sexist stereotypes, racism, and gender based violence, as well as research to analyse the relationship between situations of vulnerability and exposure to risks of trafficking.
2023/07/07
Committee: LIBEFEMM
Amendment 106 #
Proposal for a directive
Recital 10
(10) The collection of accurate and, coherent and detailed data and the timely publication of collected data and statistics are fundamental to ensure full knowledge on the scope of trafficking in human beings within the Union. Introducing a requirement for Member States to collect and report to the Commission statistical data on trafficking in human beings every year in a harmonised way is expected to constitute a relevant step to enhance the general understanding of the phenomenon and to ensure the adoption of data- informed policies and strategies. Due to the importance of having up-to-date statistical data as soon as possible it is appropriate to determine the date of the application of the article on data collection at the earliest point in time, which is the entry into force of this Directive.
2023/07/07
Committee: LIBEFEMM
Amendment 134 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2011/36/EU
Article 2 – paragraph 3
(1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption, or trafficking into institutions” is added at the end of the paragraph.
2023/07/07
Committee: LIBEFEMM
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Directive 2011/36/EU
Article 2 – paragraph 6 a (new)
(1a) in Article 2, the following paragraph is added: 6a. Exploitation referred to in this Article shall include acts committed remotely through the use of information and communication technologies.
2023/07/07
Committee: LIBEFEMM
Amendment 144 #
(2b) In Article 4, paragraph 2, point (a) is replaced by the following: "(a) was committed against a victim who was particularly vulnerable, which, in the context of this Directive, shall include at least child victims and victims in a situation of dependence or a state of physical, mental, intellectual or sensory disability;"
2023/07/07
Committee: LIBEFEMM
Amendment 147 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Directive 2011/36/EU
Article 4 – paragraph 2 – points d a, d b and d c (new)
(2c) In Article 4, paragraph 2, the following points (da), (db) and (dc) are added: "(da) the offence was committed by causing the victim to take, use or be affected by drugs, alcohol or other intoxicating substances; (db) the offence resulted in the death of the victim or severe physical or psychological harm for the victim; (dc) the offender has previously been convicted of offences of the same nature."
2023/07/07
Committee: LIBEFEMM
Amendment 154 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 2011/36/EU
Article 4 – paragraph 4 a (new)
(2a) in Article 4, a new paragraph is added: "4a. Member States shall take the necessary measures to ensure that, in addition to the penalties referred to in paragraphs 1 and 2, intentional acts and means referred to in Article 2(1), and exploitation as set out in Article 2(3) are punishable by fines proportionate to the gravity and duration of the harm caused to the victim of human trafficking, as well as to the financial benefits accrued by committing the offence."
2023/07/07
Committee: LIBEFEMM
Amendment 156 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Directive 2011/36/EU
Article 4 b (new)
(2d) The following Article 4 b is included: "Liability of natural persons Member States shall ensure that natural persons that commit an offence referred to in Article 2 can be held liable under civil law, where relevant, for any harm or damage they cause as a result of that offence, and, in conformity with national law, can be required to compensate the persons who have suffered that harm or damage."
2023/07/07
Committee: LIBEFEMM
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)
Directive 2011/36/EU
Article 5 – paragraphs 2 a (new) and 2 b (new)
(2e) In Article 5, the following paragraphs are included: "2a. Member States shall ensure that legal persons that commit an offence referred to in Article 2 can be held liable under civil law, where relevant, for any harm or damage they cause as a result of that offence, and, in conformity with national law, can be required to compensate the persons who have suffered that harm or damage. 2b. Member States shall ensure that online platforms can be held liable under civil law if they fail to promptly remove illegal content related to the trafficking in human being, when such content is reported by users or identified by the platforms’ own-initiative monitoring."
2023/07/07
Committee: LIBEFEMM
Amendment 163 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/36/EU
Article 7 – paragraph 2 (new)
1. Member States shall take the necessary measures to ensure that their competent authorities are entitled to trace, freeze, manage and confiscate, in accordance with Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on asset recovery and confiscation]32 , the proceeds derived from, and instrumentalities used or intended to be used for the commission, or contribution to the commission, of the offences referred to in this Directive. 2. Member States shall take the necessary measure to ensure that frozen and confiscated instrumentalities and proceeds from the offences referred to in Article 2 are used, as a matter of priority, to provide victims support, assistance and protection, including through direct compensation of victims. Where it is not possible to use frozen and confiscated instrumentalities and proceeds to provide support, assistance, and protection directly to victims concerned from the offences referred to in Article 2, frozen and confiscated assets should be used for social purposes, in particular through assignment to organisations carrying out work of social interest to assist and support victims of trafficking. Frozen and confiscated assets should not constitute the only means of providing compensation, support, or assistance to victims. To that effect, Member States should establish a dedicated national fund for victims of trafficking. _________________ 32 COM (2022) 245.
2023/07/07
Committee: LIBEFEMM
Amendment 165 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/36/EU
Article 8
3a. Article 8 is replaced by the following: "Non-prosecution or non-application of penalties to the victim 1. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that competent national authorities do not exclude victims of trafficking in human beings from support measures, or prosecute or impose administrative or criminal penalties on victims of trafficking in human beings in reason of their residence, immigration, or labour status, or for their involvement in activities which they have been compelled to commit as a consequence of being subjected to any of the acts referred to in Article 2. 2. Member States shall take the necessary measures to ensure that decisions of the competent national authorities referred to in paragraph 1 as well as decisions related to the protection of and support to victims of trafficking, including by regularisation of their residence, migration, or labour status, are not made conditional on the victims cooperation in the criminal investigation, prosecution or trial for offences related to their situation as trafficked persons. 3. Member States shall take the necessary measures to ensure that victims of trafficking in human beings are not be detained, charged or prosecuted with administrative or criminal offences or excluded from support measures because of their decision not to cooperate with investigating or prosecuting authorities."
2023/07/07
Committee: LIBEFEMM
Amendment 175 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/36/EU
Article 9 – paragraph 4
3b. in Article 9, paragraph 4 is amended as follows: 4. Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 2, 2a, and 3. Member States shall ensure that measures taken to detect, prevent, investigate and prosecute the offences referred to in Articles 2, 2a, and 3 are proportionate to the offence committed or the accusation against the person concerned, and are ordered without prejudice to the procedural safeguards established under national law, and the guarantees provided under the Union data protection acquis. Member States shall ensure that measures taken by competent authorities to investigate or prosecute the offences referred to in Article 2a respect victims’ rights to privacy.
2023/07/07
Committee: LIBEFEMM
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2011/36/EU
Article 11 – title
(3a) In Article 11, the title is replaced by the following: Assistance, support and protection for victims of trafficking in human beings
2023/07/07
Committee: LIBEFEMM
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – introductory part
Directive 2011/36/EU
Article 11
(4) iIn Article 11, paragraph 4 iss 1, 2, 3 and 4 are replaced by the following:
2023/07/07
Committee: LIBEFEMM
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 – paragraph 4
-4. In Article 11, the following paragraphs are added: 1. Member States shall take the necessary measures to ensure that gender- sensitive assistance, support and protection are provided to victims, including before, during and for an appropriate period of time after the conclusion of criminal proceedings necessary for their physical and psychological recovery on the basis of a timely and individual assessment including a risk assessment. and in order to enable them to exercise the rights set out in Directive 2012/29/EU and in this Directive. 2. Member States shall take the necessary measures to ensure that a person is considered and treated as a victim, provided with assistance, support and protection as soon as the competent authorities have a reasonable-grounds indication for believing that the person might have been subjected to any of the offences referred to in Articles 2 and 3. 3. Member States shall ensure that assistance, and support and protection for a victim are not made conditional on the victim’s willingness to cooperate in the criminal investigation, prosecution or trial. Member States shall ensure that professionals likely to come into contact with victims of trafficking, including law enforcement authorities, health care personnel, social services, general and specialist support services and judicial authorities, receive evidence-based training and targeted information on a level appropriate to their contacts with victims, to enable them to detect, prevent and address trafficking in human beings and avoid secondary victimisation. Such training shall be developed through an intersectional lens in consultation with relevant stakeholders including support services specialised in victims of trafficking, and shall be victim-centred.
2023/07/07
Committee: LIBEFEMM
Amendment 189 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2011/36
Article 11 – paragraph 4
4. In Article 11, paragraph 4 is replaced by the following: Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the early identification of, assistance to, and support for victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims. National referral mechanisms shall include close cooperation and establish protocols with national asylum authorities to ensure that protection, support and assistance is provided to victims of trafficking who are also in need of international protection, taking into account the victim’s individual circumstances, including whether they experience discrimination based on grounds such as gender, sex, race or ethnicity, disability, age, sexual orientation, gender identity, gender expression and sex characteristics, or a combination of those. Member States shall ensure compliance with the principle of non-refoulement and the right of victims to claim for international protection.
2023/07/07
Committee: LIBEFEMM
Amendment 203 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 – paragraph 7
4a. In Article 11, paragraph 7 is replaced by the following: 7. Member States shall attend to victims with special needs, where those needs derive, in particular, from whether they are pregnant, their health, a disability, or a serious form of psychological, physical or sexual violence they have suffered.
2023/07/07
Committee: LIBEFEMM
Amendment 207 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11
4b. In Article 11, the following paragraphs are added: 8. Member States shall ensure that assistance, support and protection services for victims of trafficking have sufficient capacities to accommodate victims, taking into consideration their specific needs, including personal assistance. These services shall be provided free of charge, in a language they can understand and shall include the provision of information on legal, social and practical matters, including on access to legal aid and the referral to specialised services. 9. Member States shall ensure that family members have access to assistance, support and protection in accordance with their needs and the degree of harm suffered as a result of the criminal offence committed against the victim. 10. Member States shall adopt National anti-trafficking Action Plans which shall include: i. preventive measures, including analysis aimed at the identification of economic and social sectors where the risk of trafficking is present; ii. the development of due diligence schemes to be applied by natural and legal persons operating in the economic and social sectors where risk of trafficking is identified; iii. strategies for monitoring the correct application of the diligence schemes developed for specific sectors where risk of trafficking is identified, including through inspections by and reporting to competent administrative authorities, and related follow-up measures; iv. measures for systematic data collection and elaboration of statistics in accordance with Article 19a of this Directive; v. appropriate mechanisms for coordination and cooperation at strategic and operational levels among all competent authorities. appropriate financial resources appropriate training and appropriate legal capabilities made available to competent authorities; vi. strategies for the development and implementation of measures to prevent re- trafficking of victims; vii. procedures for regular monitoring and evaluation of the results achieved through the implementation of the National anti-trafficking Action Plans; The National anti-trafficking Action Plans and the reports prepared as a result of their implementation shall be publicly available.
2023/07/07
Committee: LIBEFEMM
Amendment 213 #
(4a) In Article 13, the following paragraphs are inserted: 3. Member States shall ensure that reporting procedures are safe, confidential and accessible for children, in accordance with their age and maturity. 4. Member States shall ensure that psychological, psychosocial, emotional and educational support is provided to child victims in accordance to their age and maturity. Support shall also be provided to children who have witnessed trafficking or children who became deprived of parental care as a result of trafficking.
2023/07/07
Committee: LIBEFEMM
Amendment 223 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)
Directive 2011/36/EU
Article 17 – paragraph 1
(4b) Article 17, paragraph 1 is amended as follows and paragraph 2 is added: 1. Member States shall ensure that victims of trafficking in human beings have access to existing schemes of compensation to victims of violent crimes of intent, including the right to seek compensation from the offender. 2. Member States shall take the necessary measures to ensure that recovered assets and administrative fines are used to pay compensation to victims.
2023/07/07
Committee: LIBEFEMM
Amendment 227 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)
Directive 2011/36/EU
Article 17
(4c) The following Article is included: Article 17a Access to justice Member States shall ensure that the victims of trafficking have the right to an effective legal remedy under national law in the event of a breach of obligations deriving from this Directive.
2023/07/07
Committee: LIBEFEMM
Amendment 236 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 d (new)
Directive 2011/36/EU
Article 18 – paragraph 2
(4d) In Article 18, the following paragraphs are added: 2a. Member States shall ensure that awareness-raising campaigns are victim- centre and aim at increasing understanding among the public of the driving factors of trafficking, placing special attention to its gendered dimension, discrimination based on racial and ethnic origin, and situations of vulnerability, as well as at challenging harmful stereotypes and changing norms that justify exploitation and abuse. 2b. Member States shall take measures to conduct in-depth qualitative research to analyse the relationship between situations of vulnerability and exposure to risks of trafficking including research to examine the nexus between gender and trafficking situations, in particular less visible forms of trafficking such as domestic servitude and organ removal, taking into account an intersectional approach. Research shall also examine the root causes, prevalence, impact, victims, perpetrators, manifestations, channels and the need for support and protection services.
2023/07/07
Committee: LIBEFEMM
Amendment 242 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Directive 2011/36/EU
Article 18
(5a) In Article 18, the following paragraph is added: 5. Member States shall put in place effective, accessible, and independent complaint mechanisms to prevent violations of labour rights and precarious working conditions. Such mechanisms would contribute to the early identification of, assistance to and support for victims of trafficking. Complaints may be put forward by third parties, such as NGOs, trade unions, or migrant workers’ organisations, on behalf of the victim under the condition that the victim has given consent. Coming forward with a complaint should not lead to any reprisals for the victim, particularly in relation to their immigration status. This includes protection from fines and other administrative sanctions, prosecution for immigration-related criminal offences, arrest, detention and deportation. Member States shall ensure that complaints put forward pursuant to this paragraph are assessed and investigated promptly, and adequately followed up including, where appropriate, through the application of administrative penalties.
2023/07/07
Committee: LIBEFEMM
Amendment 250 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall take the necessary measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2, with the knowledge that the person is a victim of an offence referred to in Article 2.
2023/07/07
Committee: LIBEFEMM
Amendment 276 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point a
(a) the number of registered victims of offences referred to in Article 2, disaggregated by registering organisation, gender, sex, age groups (child/adult), disability, racial or ethnic origin, residence status, other vulnerabilities (such as children without parental care and unaccompanied minors), citizenship, and form of exploitation;
2023/07/07
Committee: LIBEFEMM
Amendment 281 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
(aa) the number of victims receiving temporary or permanent residence permits, disaggregated by gender, sex, age groups (child/adult), racial or ethnic origin, other vulnerabilities, citizenship and type of exploitation;
2023/07/07
Committee: LIBEFEMM
Amendment 282 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2011/36
Article 19 a – paragraph 2 – point a b (new)
(ab) the number of victims inserted in the regular labour market, disaggregated by gender, age, nationality, country of birth and type of exploitation
2023/07/07
Committee: LIBEFEMM
Amendment 283 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2011/36
Article 19 – paragraph 2 – point a c (new)
(ac) the availability of victim assistance, support and protection services, the number of victims accessing these services or awaiting them, and the number of cases where these services are granted to victims.
2023/07/07
Committee: LIBEFEMM
Amendment 286 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point c (new)
(c) the number of persons prosecuted for offences referred to in Article 2, disaggregated by gender, sex, age groups (child/adult), citizenship, form of exploitation, nature of the final decision to prosecute;
2023/07/07
Committee: LIBEFEMM
Amendment 288 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point e
(e) the number of persons convicted for offences referred to in Article 2, disaggregated by gender, sex, age groups (child/adult), citizenship;
2023/07/07
Committee: LIBEFEMM