845 Amendments of Alice KUHNKE
Amendment 32 #
2024/2019(DEC)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that civil society and NGOs play an instrumental role in shaping policies that benefit society and our environment; recalls the commitment of the Commission in its political guidelines to step up its engagement with civil society organisations that have expertise and an important role to play in defending specific societal issues and upholding human rights; urges the Commission to revise its guidelines1a from May 2024 in order to ensure the continuation of the funding of NGO activities, including advocacy, under the LIFE programme; considers that discontinuation of this funding for all NGO activities would seriously undermine the voice of civil society in the public debate and would cause a severe reputational risk for the Commission; _________________ 1a Guidance on funding for activities related to the development, implementation, monitoring and enforcement of Union legislation and policy
Amendment 44 #
2023/2115(INI)
Motion for a resolution
Recital E
Recital E
E. whereas energy poverty represents a huge challenge for the EU, as between 50 and 125 million people are unable to afford proper indoor thermal comfort; whereas even before the current crisis, in 2021, 6.9 % of all Union households were behind on their utility bills, and 6.4 % indicated that they were unable to keep their homes warm; whereas, in 2020, almost 15 % of all households lived in homes with leaks, broken roofs or rot1a; _________________ 1a Eurostat data on ‘Living conditions in Europe”, in 2022
Amendment 48 #
2023/2115(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas in 2022 more than one fifth of the Union population living in households with dependent children was at risk of poverty or social exclusion; whereas in late 2022, 44% of single mothers and 31% of single women anticipated difficulties affording energy costs over the coming months 1a; _________________ 1a Eurofound report ‘The cost-of-living crisis and energy poverty in the EU: Social impact and policy responses – Background paper’, October 2022
Amendment 54 #
2023/2115(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas women tend to be the “shock absorbers of poverty” carrying the main responsibility for the purchase and preparation of food for their children and families and for the budget management of budget of poor households and are thus much more impacted by the rising cost of living and energy crisis;
Amendment 58 #
2023/2115(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas successive crises have had negative impacts on women all over the world, stopping progress on gender equality; Whereas the higher share of energy costs in women's total income reduces their financial capacity to build an autonomous existence, an important issue for those who want to flee abusive partners;
Amendment 59 #
2023/2115(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas around one-third of people say they have given up on medical treatment in 2022, and more and more are reporting being forced to give up medical care due to rising costs, longer waiting times, and shortages of doctors and medication;
Amendment 67 #
2023/2115(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the Commission is obliged to promote gender equality under the Treaties; whereas, however, the European Court of Auditors considers that a gender perspective has not been integrated into the EU budget since key elements, such as gender analysis, gender-related objectives, indicators and accountability through reporting, are largely missing;
Amendment 68 #
2023/2115(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas a study requested by FEMM committee shows that men are often favoured over women and other marginalized groups when it comes to the design of subsidies and support under the Fit for 55 package, as well as in other policies, programmes and funding for the green transition;
Amendment 73 #
2023/2115(INI)
Motion for a resolution
Recital K
Recital K
K. whereas a gender perspective is missing from the Member States’ and EU’s policies and measures aimed at countering and alleviating the effects of the cost of living crisis; whereas about two thirds of the measures introduced by Member States to mitigate rising inflation rates are not targeted at particular groups in vulnerable situations and only provide short-term solutions instead of responses that will contribute to a socially fair and green transition such as promoting energy saving or the transition to renewable energy sources;
Amendment 77 #
2023/2115(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas EU action should take into account the importance of the concept of climate justice and the commitment of all parties to the Paris Agreement to respect, promote and consider their obligations on human rights, including gender equality, when taking action to address climate change;
Amendment 142 #
2023/2115(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to assess and propose, where appropriate, new legislative acts to counter the financialisation of housing markets and to stop speculators from making housing unaffordable; calls on the Commission to adapt European rules for digital platforms to give cities more control over rentals via platforms; reminds that adequate housing is a fundamental right and must be seen as a precondition for the exercise of, and access to, other fundamental rights and for a life in conditions of human dignity;
Amendment 147 #
2023/2115(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on member states to increase the social infrastructure in particular on care services, for people with care needs, prioritise social housing and the investment in retrofitting homes to reduce energy costs;
Amendment 170 #
2023/2115(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Union and Member States to integrate in their definitions of energy poverty a gender and intersectional perspective, that enables the comparison and monitoring of this reality; and that goes beyond the general concept of “vulnerable households”, allowing a better understanding of the differentiated situations inside each households;
Amendment 176 #
2023/2115(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to require the Member States to conduct mandatory gender impact assessments in national energy and climate plans, including when reporting on energy poverty;
Amendment 177 #
2023/2115(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to develop specific guidelines on how to ensure that Member States apply correctly gender mainstreaming and gender analysis when designing the National Energy and Climate Plans (NECP), including measures and actions to alleviate energy poverty; considers that incorporating a gender analysis with an intersectional perspective in NECP is key to promoting a socially fair energy transition;
Amendment 179 #
2023/2115(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Stresses that the principles of equal treatment and gender mainstreaming should lay at the core of the “energy efficiency first principle” and be reflected in policy, planning and investment decisions;
Amendment 181 #
2023/2115(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Calls on the Member States to foster programmes to monitor the prices of energy, transport and other essential goods and develop specific measures aiming at reducing the impact of the rise in the cost of living on women and their families;
Amendment 186 #
2023/2115(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Reminds that extending access to green energy and promoting its affordability is central to the achievement of more inclusive and sustainable development;
Amendment 187 #
2023/2115(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Reiterates its calls on the Commission, Eurostat and the Member States to further develop and improve the collection of gender-disaggregated and intersectional data, statistics, research and analysis, as this is the only way to ensure that specific situations are not overlooked and serve as basis for informed policy making;
Amendment 202 #
2023/2115(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the fact that women are significantly under-represented in key policymaking positions on climate change, energy transition and the environment, and calls for the EU and the Member States for positive action measures such as quotas to ensure equal and diverse representation in decision-making positions across the EU institutions, government bodies and public authorities at all governance levels;
Amendment 206 #
2023/2115(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to reduce the gender gap in the energy sector and to ensure that women have equal access to training courses on energy efficiency and sufficiency and to emerging job opportunities in the energy sector and to those skills and competences that are demanded by the green and digital transition;
Amendment 19 #
2023/2068(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
– Having regard to the 2022 ILGA- Europe report “ILGA-Europe’s Annual Review of the Human Rights Situation of LGBTI People in Europe and Central Asia”
Amendment 20 #
2023/2068(INI)
Motion for a resolution
Recital A
Recital A
A. whereas any form of discrimination based on any ground 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 as laid down in Article 21 of the Charter is prohibited; whereas, within the scope of the Treaties and without prejudice to any of their specific provisions, any discrimination on grounds of nationality is also prohibited; whereas following the broad interpretation by the CJEU, the ground of ‘sex’ should be understood broadly to encompass all forms of discrimination related to gender identity, gender expression and sex characteristics1a _________________ 1a Judgment of the Court of Justice of 30 April 1994, P v S, C-13/94, ECLI:EU:C:1996:170; Judgment of the Court of Justice of 7 January 2004, K.B., C-117/01, ECLI:EU:C:2004:7; Judgment of the Court of Justice of 27 April 2006, Richards, C-423/04, ECLI:EU:C:2006:256; Judgment of the Court of Justice of 26 June 2018, M.B., C-451/16, ECLI:EU:C:2018:492
Amendment 27 #
2023/2068(INI)
Motion for a resolution
Recital B
Recital B
Amendment 29 #
2023/2068(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas tackling xenophobia, racism, misogyny, homophobia, transphobia as well as other forms of prejudice, intolerance and hatred against certain individuals or societal groups requires the EU and its Member States to develop a holistic and multi-pronged policy and legislative response, in close collaboration with relevant stakeholders including civil society organizations, media outlets and social media platforms; whereas the enforcement of fundamental rights through EU criminal law constitutes a measure of last resort, being the most severe response available to the legislator to prevent or repress violations of fundamental rights and freedoms protected at the EU level; whereas hate crime and hate speech must also be combated by other significant measures; whereas the development and use of criminal law at EU level is underpinned by the principles of subsidiarity and proportionality;
Amendment 33 #
2023/2068(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the inclusion of new areas of crime in the list provided under Article 83(1) TFEU is possible to the extent that such crimes are of particularly serious nature, have a cross-border dimension resulting from the nature or impact of the offense, or from a special need to combat them on a common basis;
Amendment 42 #
2023/2068(INI)
Motion for a resolution
Recital C
Recital C
C. whereas hate speech and hate crime arcan constitute particularly serious crimes and affect not only the individual victims and their communities, causing them suffering and limiting their fundamental rights and freedoms, but also society as a whole, undermining the foundations of the EU;
Amendment 47 #
2023/2068(INI)
Motion for a resolution
Recital D
Recital D
D. whereas not all hate speech constitutes a crime but it does contribute to normalising manifestations of hatred and intolerance; whereas forms of hate speech that do not constitute a crime can be tackled through different means, including civil or administrative proceedings but also the activation of restorative justice processes; whereas education systems need to provide digital education, literacy and skills for everyone in order to promote users’ understanding of digital technologies, overcome inequalities, improve digital inclusion, and empower and protect individuals and their rights online and offline; whereas equipping individuals with digital education, literacy and skills is key to promote a safe digital space and to prevent online hate speech; whereas education, training and awareness-raising activities are essential to promote gender equality and to address the root causes of hate speech, in particular gender stereotypes;
Amendment 54 #
2023/2068(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in the last few decades there has been a sharp rise in discrimination, hate crime and hate speech across the EU4 , an increase in various forms of racism, xenophobia, homophobia, transphobia and other forms of intolerance and an alarming spike in online and offline hate speech and incitement; whereas this2022 was the most violent year for LGBTIQ+ persons in over a decade; whereas the rise in discrimination is being exacerbated in many Member States by extremist and populist movements, in many cases in national parliaments and governments, and the multiplier effect of the online environment and social media, which favours revictimisation; _________________ 4 See, for instawhereas there is evidence, the Annual Report on ECRI’s activities coverat hate-motivated incidents, including violence and harassment, continue to be underreported ing the period from 1 January to 31 December 2019 and the Annual Report on ECRI’s activities covering the period from 1 January to 31 December 2020, and the study commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs entitled ‘Hate speech and hateEU; whereas groups put in vulnerable situations such as asylum seekers, refugees and migrants, racialized people, LGBTIQ+ people, people with disabilities, people with socioeconomic disadvantaged backgrounds, face greater barriers to reporting hate-motivated crimes; whereas the failure to address the lack of trust and confidence in the law enforcement authorities and in the judicial system by victims of hate-motivated crimes in the EU and the evaluation of online content regulation approaches’, July 2020.s an important contributor for underreporting1b _________________ 1b https://fra.europa.eu/sites/default/files/fra _uploads/fra-2021-hate-crime- reporting_en.pdf
Amendment 62 #
2023/2068(INI)
Motion for a resolution
Recital F
Recital F
F. whereas groups put in vulnerable situations such as asylum seekers, refugees and migrants, racialized people, LGBTIQ+ people, ethnic, religious or linguistic minorities, indigenous communities, people with disabilities and people with socioeconomic disadvantaged backgrounds are a recurring targets of hate speech, including online; whereas minors are particularly vulnerable victims of hate speech and hate crime; and whereas such attacks endanger their physical and mental integrity and affect their development and mental health;
Amendment 68 #
2023/2068(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas minority groups and indigenous communities such as the Sami people are impacted by multiple and intersectional forms of discrimination; whereas multiple and intersectional discrimination is fertile ground for hate speech and hate crimes to occur; whereas hate speech and hate crime directed at minority groups and indigenous communities such as the Sami people coupled with the lack of protection, put them in an even more vulnerable situation;
Amendment 73 #
2023/2068(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Member States do not address hate speech and hate crime in the same way in their respective criminal laws,; which makes it difficult to define a common European strategy to combat itereas the lack of legal protection can have devastating consequences for victims of such crimes;
Amendment 82 #
2023/2068(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the current EU framework only covers hate speech and hate crimes on the grounds of race, skin colour, religion, descent and national or ethnic origin; whereas there is a clear need to effectively address hate speech and hate crimes based on any other grounds, such as sex, sexual orientation, age and disability protected under Article 21 of the Charter;
Amendment 87 #
2023/2068(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the cross-border component of online hate speech and hate crime is clear; whereas the digital transformation highlights the need to address this phenomenon at a European level; is clear; whereas the intrinsic cross-border dimension of online hate speech raises the need to combat it on a common basis; whereas the digital transformation highlights the need to address this phenomenon at a European level; whereas criminalisation of hate speech at the EU level needs to notably target public incitement to violence or hatred, or speech that denies or minimizes genocide and crimes against humanity, or that glorifies war and war crimes, as well as cyberstalking and the publication of online threats;
Amendment 89 #
2023/2068(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. Whereas the protection against hate crime and hate speech is unequal across the union; whereas the EU has the responsibility to ensure that forms of hate crime that are particularly serious, and notably hate crimes of violent nature, that have a cross-border dimension, and serious forms of cyber-violence motivated by biases or other perceived characteristics of a person or group, are criminalised consistently across the Union;
Amendment 93 #
2023/2068(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the response of EU criminal law to hate speech and hate crime should be strong and proportionate in order to duly protect the victim and give due weight to freedom of expression; whereas criminalisation is one tool out of many to combat these crimes;
Amendment 97 #
2023/2068(INI)
Motion for a resolution
Recital K
Recital K
K. whereas thehate speech is a complex and multidimensional phenomenon that has far-reaching consequences for human rights and rule of law in democratic societies such as affecting civil society participation and inclusion; whereas the main fundamental right that is protected in the fight against hate speech and hate crime is human dignity; whereas such protection shouldmust be universal; whereas protection against intolerance, be it racial, national origin, sexual orientation, religion, ideology, age, opinion or any other personal, physical or social condition or circumstance, whatever its form of expression, must not be limited to certain grounds or motivations;
Amendment 101 #
2023/2068(INI)
Motion for a resolution
Recital L
Recital L
L. whereas changes in social dynamics change andand the lack of education and training to ensure safe relations and pro- social behaviour can generate new motivations for hate speech and hate crime that have to be addressed by the common EU framework; whereas it is essential to tackle the root causes of hate speech and hate crime in order to effectively combat them;
Amendment 109 #
2023/2068(INI)
Motion for a resolution
Recital N
Recital N
N. whereas this Council decision would be a first step in creating the necessary legal basis to adopt, as a second step, a common legal framework to combat hate speech and hate crime across the EU; whereas such a common legal framework is urgently needed to combat hate speech and hate crimeestablish minimum standards concerning the definition of criminal offences and sanctions on a common European basis in order to ensure consistent protection of the potential victims of such actshate crime and hate speech across the Union;
Amendment 127 #
2023/2068(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Urges the Council to adopt a decision to include hate speech and hate crime as among the criminal offences within the list under Article 83(1) TFEU, so that the Commission can initiate the second stage of the procedure;
Amendment 130 #
2023/2068(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that Member States’ criminal laws deal with hate speech and hate crime in different ways, that minimum rules at EU level exist only when such crimes are based on race, skindirected against a groups of persons or a member of such group defined by reference to race, colour, religion, descent or national or ethnic origin, which makes it difficult to implement a successful common strategy to combat hatred; underlines that the Commission has been monitoring the transposition of the Framework Decision in the legal systems of the Member States and that problems with its correct transposition and implementation persist; notes that biases, prejudice, or hatred on grounds other than race, colour, religion, descent or national or ethnic origin as the motivation, in whole or in part, for a criminal act do not currently constitute an aggravating circumstance in all EU Member States;
Amendment 134 #
2023/2068(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that general provisions of legal protection risk leaving individuals and groups in vulnerable situations unprotected and that contributes to an uneven level of protection across the EU; is concerned that victims of hate speech and hate crime who suffer intersectional discrimination are put in an even more vulnerable situation; recalls that intersectional discrimination, which is rooted in social and gender inequality, reinforces oppression and is fertile ground for hate speech and hate crime to occur; highlights that intersectionality should be used as an analytic tool to zoom in on the interconnectedness of various grounds of discrimination; calls on the Commission to ensure that a robust EU legal protection framework is put in place so that victims are effectively protected; recalls that legal protection for victims must have an intersectional approach and cover the specific needs of individuals and groups put in vulnerable situations;
Amendment 146 #
2023/2068(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that successful negotiations require concessionspolitical will in order to achieve a result that satisfies the common interest and respects European values;
Amendment 161 #
2023/2068(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that future EU legislation to cover hate speech and hate crimesestablish minimum standards concerning the definition of criminal offences and sanctions is needed to effectively tackle hate speech and hate crimes of serious nature and with a cross- border dimension; underlines that EU criminal law must protect human dignity and combat hatred and intolerance irrespective of the motivation; recalls that protection must be universal, with a special focus on targeted persons, groups and communities in vulnerable situations which are the main targets;
Amendment 165 #
2023/2068(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that freedom of expression should not be exploited as a shield for hate speech and hate crimes, but neither should it be unjustifiably restricted; stresses that misuses of the internet for the purpose of disseminate content deliberately meant to amplify racist, misogynist, xenophobic, or transphobic sentiments, or to dehumanise certain groups or individuals, well as cyberstalking and the publication of online threats constitute particularly serious forms of hate speech that should be investigated and prosecuted across the EU and that those found guilty are effectively sanctioned, regardless of their official status;
Amendment 183 #
2023/2068(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to take additional measures inensure the correct implementation of current legislation such as the DSA in order to countering the dissemination of illegal hate speech in online content on account of the impact of; stresses that the multiplier effect of the online environment and social media contributes to revictimisation; recalls that the business model of social media platforms, based on micro-targeted advertising, contributes in spreading and amplifying hate speech inciting discrimination and violence;
Amendment 188 #
2023/2068(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to give particular consideration to minors, in particular minors belonging to groups put in vulnerable situations, so as to give them special protection from hate speech and hate crimes, to prevent these incidents from occurring and to minimise their impact on minors’ development and mental health; further calls on the Commission to step up efforts to ensure the legal protection of groups in vulnerable situations, such as asylum seekers, refugees and migrants, racialized people, LGBTIQ+ people, ethnic, religious or linguistic minorities, indigenous communities, people with disabilities, people with socioeconomic disadvantaged backgrounds; recalls that ensuring the legal protection of victims would create a safe environment which would contribute to enhanced reporting; underlines that enhanced reporting is necessary to guarantee that quality, comparable and disaggregated data collection is available, which is essential to document hate speech and hate crimes;
Amendment 194 #
2023/2068(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission and the Member States to introduce an obligation for authorities competent for the detection, investigation, prosecution, and adjudication of criminal offences across the EU to adequately take into account facts that are indicative of biases, prejudice, hatred or discriminatory motives of a criminal offense, including when such offense is committed by public authorities and officials;
Amendment 198 #
2023/2068(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses that victims of hate crime and speech should be able to report their experiences to competent authorities and be protected and supported, and that such authorities should be required to register the incidents appropriately, and that perpetrators should be held to account; recalls that properly recording and investigating hate speech and hate crimes is essential to document discrimination and racism, as well as to counter bias, prejudice, and intolerance in society; further stresses that equipping competent authorities with the soft skills to carefully listen, understand and respect victims of hate speech and hate-motivated crimes, can help address underreporting, re- victimisation and create a safer environment for victims; recalls that ensuring affordable and safe access to an independent justice system is indispensable to promote a safer environment for victims of hate speech and hate-motivated crimes;
Amendment 204 #
2023/2068(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to establish adequate data collection systems for obtaining solid and homogenous, comparable and disaggregated data on anonymous hate incidents, including hate crimes, in accordance with the relevant national legal frameworks and EU data protection legislation, as well as adequate monitoring mechanisms to assess the impact that policies and regulationmeasures have on the fight against hate speech and hate crimes;
Amendment 7 #
2022/2171(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. Whereas the Commission in its Gender Equality Strategy 2020-2025 commits to include a gender perspective in all aspects and levels of policy making, internal and external, including addressing needs, challenges and opportunities in specific sectors;
Amendment 12 #
2022/2171(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas women are disproportionately represented in the most vulnerable and marginalised positions in the sector; whereas many of the women making up the garment industry are low wage workers, whereas garment workers on average only receive 1-3% of the final retail price of clothing;
Amendment 15 #
2022/2171(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Amendment 20 #
2022/2171(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
A d. whereas the voices of women workers in the garment industry are often unheard; whereas the unequal distribution of power and agency, a lack of representation and limited access to justice have huge significance for the injustices women workers in the garment sector experience;
Amendment 25 #
2022/2171(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas the social, green and feminist agenda are interlinked and share the goal to ensure a fair distribution of resources; whereas a circular economy is necessary for the realisation of the green & just transitions; whereas improving social sustainability therefore cannot be done through a single instrument but requires a holistic approach that looks at design, buying, production, consumption and recycling;
Amendment 28 #
2022/2171(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas many women workers in the garment industry are under the threat of violence and sexual harassment; whereas these issues are often silenced by giant global value chains and intensified by gender power imbalances between a mostly female workforce and predominantly male management structures;
Amendment 33 #
2022/2171(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. whereas women, migrant and informal workers are key to circularity, but are especially vulnerable to negative social impacts; whereas this requires adoption of intersectional perspectives and approaches;
Amendment 40 #
2022/2171(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that in addition to its significant negative environmental and climate impacts, the textile industry also has a detrimental social impact; stresses that a disproportionate number of women and marginalised groups carry oute engaged in precarious work, often involuntarilyincluding high levels of part time work, receipt of poverty wages substantially below living wages, forced labour, hazardous working conditions, health damage in connection with chemicals used, and gender-based violence including sexual harassment;
Amendment 59 #
2022/2171(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the EU to support efforts to prevent gender-based violence in the textile sector by committing to the ratification and implementation of the ILO Convention 190 on Ending Violence and Sexual Harassment in the World of Work;
Amendment 61 #
2022/2171(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 63 #
2022/2171(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for employers in the textile sector to facilitate the training and upskilling of low-wage textile sector workers, in particular women and other marginalised groups and including those engaged in the most precarious employment, during working hours;
Amendment 71 #
2022/2171(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the proposal for an ecodesign regulation covering textiles, the review of the Textile Labelling Regulation3 and the potential introduction of a mandatory disclosure of information; calls for the inclusion of social and labour standards in both the proposed ecodesign regulation and under labelling requirements and to be made available in digital product passports as well as made part of mandatory public procurement; is concerned about the unholistic and limited picture of product impact that the development of criteria to substantiate green claims would create if it does not consider social and gender related impacts, emphasises that such a narrow view of product sustainability is not in line with the EU’s commitments to the Sustainable Development Goals, nor the European Green Deal; _________________ 3 Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile fibre names and related labelling and marking of the fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council. OJ L 272, 18.10.2011, p. 1.
Amendment 77 #
2022/2171(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Highlights that, in order for the digital product passport to be an effective instrument in improving social gender unequal aspects of the textile sector, it should go beyond containing information on due diligence and should also include disclosure of full product information covering the whole value chain, the existence in factories of trade unions and collective bargaining, and information on wage levels and working hours; the information on the digital product passport should be accessible to all parties and based on a common database that other stakeholders can also contribute to;
Amendment 79 #
2022/2171(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 80 #
2022/2171(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. highlights in this regard that the due diligence legislation as proposed by the Commission only covers 1% of EU companies and that as the largest garment brands do not dominate the garment industry the way the largest brands do in highly concentrated industries and therefore that regulations only applying to the largest brands will not benefit the majority of the often women garment workers from the protections they are meant to provide; highlights that important conventions, multilateral agreements and human rights instruments relevant to the textile companies’ impacts need to be included in the Annex and that the current list is too limited, particularly to prevent and remedy corporate women’s rights abuses; emphasises that the requirements need to cover the whole value chain with integrated gender analyses in order be an effective instrument for the realisation of workers’ rights in the textile sector;
Amendment 81 #
2022/2171(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Highlights the need to strengthen efforts to incorporate social gender responsive considerations in public procurement in order to support sustainable textile production, use and end-of-life management; calls in this regard for a revision of the 2014 Directive on Public Procurement, as well as on the inclusion of socially responsible, in addition to green, public procurement under the ecodesign regulation;
Amendment 82 #
2022/2171(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States to engage with civil society stakeholders, including educational actors and, gender equality organisations, trade unions and grassroots organisations working on the ground in order to develop programmes to increase awareness about the environmental, and climate and human right impacts of the textile and garment industries. and to promote a circular economy including the development of sustainability and respect for human rights throughout the entire textile value chain;
Amendment 87 #
2022/2171(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights that the power asymmetry between buyers and suppliers contributing to unfair trading practices have detrimental effects on labour conditions, wages and overproduction, disproportionately affecting women, especially in non-EU low-wage countries but also in producing countries inside the EU; calls for legislation to combat unfair trading practices in the textile sector, taking inspiration from and learning from the experience of the implementation of Directive 2019/633 on unfair trading practices in the agricultural and food supply chain;
Amendment 1 #
2022/2140(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to Articles 4, 8, 10, 19, 91, 153 and 157 of the Treaty on the Functioning of the European Union,
Amendment 2 #
2022/2140(INI)
Motion for a resolution
Citation 6
Citation 6
— having regard to the EU directives from 1975 onwards on various aspects of equal treatment for women and men, including Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security1, Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding2, Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services3, Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation4, Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU5and,Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self- employed capacity and repealing Council Directive 86/613/EEC6,and Directive 2021/93/EC of the European Parliament and of the Council on strengthening the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms; _________________ 1 OJ L 6, 10.1.1979, p. 24. 2 OJ L 348, 28.11.1992, p. 1. 3 OJ L 373, 21.12.2004, p. 37. 4 OJ L 204, 26.7.2006, p. 23. 5 OJ L 188, 12.7.2019, p. 79. 6 OJ L 180, 15.7.2010, p. 1.
Amendment 5 #
2022/2140(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to its resolution of 11 September 2012 on the role of women in the green economy 2012/2035(INI);
Amendment 6 #
2022/2140(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
— having regard to its resolution of 29 November 2018 on the situation of women with disabilities (2018/2685(RSP));
Amendment 7 #
2022/2140(INI)
Motion for a resolution
Citation 12 c (new)
Citation 12 c (new)
— having regard to the EU Strategy for the Rights of Persons with Disabilities 2021-2030;
Amendment 19 #
2022/2140(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the needs of women, children, LGBTIQ+ people, people of colour, refugees, people with a disability and elderly people are insufficiently taken into account when making transport policies;
Amendment 22 #
2022/2140(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas according to available data, women tend to travel with public transport, walk or bike to a greater extent than men; whereas men are more likely to use a car;
Amendment 24 #
2022/2140(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas women tend to have a more complicated travel pattern than men and often take multiple, non-direct journeys in one day (trip-chaining), notably because of care responsibilities, while men’s travel pattern is more linear;
Amendment 28 #
2022/2140(INI)
Motion for a resolution
Recital B
Recital B
B. whereas research performed across the Member States has shown that gender- based violence in public spaces and on collective transport is a growing problem and safety measures and victim support remains insufficient; whereas this can have a negative impact on transport choices, employment, education and social opportunities for women in all their diversity;
Amendment 32 #
2022/2140(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas transport planning and design in member states is a sector dominated by men, leading to the unintended result of prioritizing the mobility patterns and needs of men; whereas women are underrepresented as experts and decision-makers in the transport sector, including in mobility planning and design;
Amendment 41 #
2022/2140(INI)
Motion for a resolution
Recital C
Recital C
C. whereas poorly-designed transport policies can exacerbate existing poverty and social exclusion; whereas there continues to be a lack of sex-disaggregated data and gender analysis on transport, hindering the application of well-targeted transport policies for individuals and families in all their diversitygender-responsive and inclusive transport policies;
Amendment 48 #
2022/2140(INI)
Motion for a resolution
Recital D
Recital D
D. whereas adopting a gender- responsive approach to urban planning is instrumental in improving the quality of life of women in all their diversity;
Amendment 57 #
2022/2140(INI)
Motion for a resolution
Recital E
Recital E
E. whereas transport use differs according to gender, as well as other factors, in terms of complexity, frequency, mode, duration, purpose, cost, accessibility, security and safety;
Amendment 75 #
2022/2140(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas eradicating mobility poverty is an essential part of the EU Green Deal’s objective of ensuring a just transition where no one is left behind; whereas women are more likely to suffer from mobility poverty, in particular single mothers, who represent 85% of single parent families, women minority groups, women with low income, as well as single women, women with disabilities, or elderly women;
Amendment 85 #
2022/2140(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the welcome adoption of new vehicle and automation technologies should take the specific needs of women into consideration;
Amendment 91 #
2022/2140(INI)
Motion for a resolution
Recital I
Recital I
I. whereas sustainable transport requires equal access to infrastructuremobility services, through measures that guarantee affordability and greater mobility for all and the same quality of service in urban and rural areas;
Amendment 92 #
2022/2140(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas men are more likely to be involved in a car crash, but women involved in a car crash are 47% more likely to be seriously injured, 71% more likely to be moderately injured and 17% more likely to die than men ; whereas women are also twice as likely as men to be trapped in a crashed vehicle and are more likely to suffer from whiplash injuries;
Amendment 96 #
2022/2140(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the design of vehicles, including safety features such as car seats and belts, often assumes a larger, stereotypically male physical form, leading to lower efficacy for smaller peoplemore harm and even higher death rates in accidents for women and girls; whereas gender- responsive crash test standards are not legally required yet;
Amendment 101 #
2022/2140(INI)
Motion for a resolution
Recital K
Recital K
K. whereas transport infrastructure with well-designed, monitored and safe surroundings has a positive impact on both actual safety and perceived safety11; _________________ 11 International Transport Forum, Women’s Safety and Security: A Public Transport Priority, OECD Publishing, Paris, 2018.
Amendment 105 #
2022/2140(INI)
L. whereas mobility barriers hinder women’s access to jobs and key services, such as health and education, affecting both their own and their children’s human capital accumulation;
Amendment 117 #
2022/2140(INI)
Motion for a resolution
Recital M
Recital M
M. whereas women are underrepresented (22% overall) in transport employment at all levels; whereas underrepresentation in operation, decision- making, planning and research reinforces the lack of gender mainstreaming in transport;
Amendment 118 #
2022/2140(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas women transport workers face a number of barriers making the transport sector less attractive for them, in particular a masculine culture and gender stereotypes, discrimination and unequal treatment, lack of work-life balance, lack of health and safety measures, including access to decent sanitary facilities and high levels of violence and harassment;
Amendment 121 #
2022/2140(INI)
Motion for a resolution
Recital M b (new)
Recital M b (new)
M b. whereas making the transport sector more attractive for women will be beneficial for all workers in the sector and it will improve the resilience and sustainability of the sector;
Amendment 150 #
2022/2140(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reaffirms the EU’s commitment to achieving gender equality in transport, while noting the progress achieved so far; underlines that concrete measures are needed to improve security, moafety, availability-, access and employment opportunitiesibility and affordability of transport services and employment opportunities and working conditions in the sector;
Amendment 163 #
2022/2140(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that gender stereotyping and prejudice exclude women from economic and social activities, leading to a lack of efficiency and increased waste of human resources; identifies the need for resources to ensure that women are represented in research and decision- making on transport matters; calls for an alleviation of the core problem resulting from this stereotyping, mainly by taking the appropriate macroeconomic or fiscal measures as well as by revising the gender-bias appropriation of public funds as well as of public space;
Amendment 166 #
2022/2140(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Regrets the lack of standardised, sexgender-disaggregated transport data collected in a GDPR proof way and gender analysis across all modes of transport; welcomes, in this regard, that ‘energy and transport’ is the thematic focus of the 2023 edition of the EIGE Gender Equality Index;
Amendment 168 #
2022/2140(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission, Member States and regional and local authorities to improve data collection and establish key indicators, such as gender-sensitive statistics, and gender differentiated mobility data on usage, requirements, attitudes, modes of transport and risk exposure, as well as age-and disability related data, in order to identify and overcome barriers for women in transport, to improve road safety and to contribute to transport design and policy initiatives related to transport workers; recalls that EU policy-making in the field of transport should be based on reliable, accessible and detailed data, together with impact assessments, therefore calls on the Commission to ensure that a gender impact assessment is carried out for all transport related proposals, so as to ensure that a gender-responsive approach is mainstreamed in all EU transport strategies, actions and legislation;
Amendment 174 #
2022/2140(INI)
7. Calls for safety performance tests and crash tests to include biofidelic female models; underlines the need for AI to increase our understanding of how the diverse human physique reacts differently in emergency situgender responsive standards; welcomes the recently adopted General Product Safety Regulation (GPSR), which ensures that in order to consider a product safe, manufacturers will have to assess the impact of gender differences on health and safety; calls on the Commission and Member States to tackle the gender safety gap by ensuring that national standards bodies and standards developing organisations include a plan for gender responsive standards and standards development in their gender action plan, in line with the actions outlined in the Gender Responsive Standards Declarations;
Amendment 178 #
2022/2140(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to develop crash test dummy standards that include requirements for testing with dummies that are based on the average female body, including dummies representing a variety of aspects such as age, gender, size and stature for users both within and outside vehicles;
Amendment 184 #
2022/2140(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the differing expectations, travel patterns, needs and experiences of women as transport users; calls for relevant legislation in transport to fully integrate women’s needs;gender-equality and the needs of different marginalized groups
Amendment 188 #
2022/2140(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines that measures enhancing the further modal shift to public transport and active mobility, including measures reducing the centrality of private cars, would not only contribute to achieving the goal of climate neutrality but also be an appropriate answer to women’s needs; highlights that prioritising women’s needs in transport supports the green transition;
Amendment 197 #
2022/2140(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for the integration of sustainable transport options into women’s daily lives, enablingmeasures to ensure the availability and affordability of sustainable transport modes to meet women’s needs, and to ensure comfortable, safe and stress-free multimodal journeys to become a reality;
Amendment 201 #
2022/2140(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on Member States and local authorities to incorporate gender mainstreaming in all transport and urban mobility planning and to consult women and girls, in all their diversity, including women with disabilities, in the decision- making processes to ensure that transport and city planning effectively meet women’s needs;
Amendment 204 #
2022/2140(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Points out that women with disabilities encounter specific barriers and discrimination in transportation and as transport workers, which often remain invisible and unaddressed; calls on Member States and the Commission to mainstream accessibility into all policies and legislation; encourages furthermore Member States to develop public transport policies that facilitate mobility for women with disabilities and promote training for public transport professionals in accessibility;
Amendment 213 #
2022/2140(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to ensure that road infrastructure, notably when being upgraded, fully takes into account the continuity and, accessibility and safety of sustainable pedestrian connections and bike lanes;
Amendment 217 #
2022/2140(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Underlines that better infrastructure design such as bus stations within short walking distance, more availability during off-peak hours, increased availability of service for women living in rural areas and stroller- friendly infrastructure can increase usability for women and encourage women to use public and more sustainable modes transport;
Amendment 220 #
2022/2140(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Recalls that a wide range of EU funding instruments, are available for Member States to invest in women’s mobility needs and female employment in the transport sector, as well as to address mobility poverty, including the European Regional Development Fund (ERDF), the Recovery and Resilience Facility (RRF), European Social Fund+ (ESF+), the Social Climate Fund (SCF) and the Cohesion Fund; calls on the Commission and Member States to ensure that measures and investments supported by those funds respect the principle of gender equality and that particular attention is given to ensure that women benefit from the implementation of those funding instruments;
Amendment 224 #
2022/2140(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Regrets that despite the fact that about one third of Recovery and Resilience Fund under the green transition pillar is allocated to sustainable mobility, not enough funding is dedicated to promote gender equality in the transport sector; calls on the Commission and Member States to propose and implement gender equality projects in the transport sector under the Recovery and Resilience Fund;
Amendment 231 #
2022/2140(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for an increased emphasis on safety and security in urban mobility, such as adequate, sustainable street lighting, to avoid situations where women have to face dark, eerie spots when commuting; calls additionally for integrated transport designs to take into account ‘the last mile’, especially at non-peak times;
Amendment 235 #
2022/2140(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 237 #
2022/2140(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Calls on the Member States to raise awareness, including via information campaigns, on measures to prevent and fight harassment and gender- based violence in public transport networks and in the public sphere;
Amendment 238 #
2022/2140(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Calls on Member States to encourage transport providers to implement mandatory tailored trainings for all their staff on combating gender- based violence and adequate victim support;
Amendment 239 #
2022/2140(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Encourages Member States to adopt measures to reduce motor vehicle traffic around schools and childcare facilities and develop safe routes to schools;
Amendment 240 #
2022/2140(INI)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
Amendment 242 #
2022/2140(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. StressNotes the importancepotential of the AI Act13 in assisting law enforcement authorities in combating crime in public transport systems and reducing harassment against female and LGBTQI+ transport users; _________________ 13 Commission proposal for a regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain union legislative acts (COM(2021)0206).however cautions the usage of AI systems for purposes of mass-surveillance;
Amendment 252 #
2022/2140(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that women play a large role in shaping the mobility choices of families, and that their negative experiences using suscertainable modes of transport can be off- putting; in this regard, calls on Member States to take measures to ensure safer facilities for cyclists and pedestrians, including traffic calming measures and investments in upgrading infrastructure in view of adequately protecting vulnerable road users;
Amendment 260 #
2022/2140(INI)
14. Notes the challenges faced by women in rural areas with relatively underdeveloped public transport, who are often faced with roles as carers; stresses that policies aiming to promote sustainable transport must not exclude vulnerable groups, women or those living in rural areas; calls on Member States to ensure sustainable and affordable mobility options in rural areas, including an increased availability of service;
Amendment 267 #
Amendment 270 #
2022/2140(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that female transport workers at all levels face barriers such as gender bias, as well as a lack of orin some cases, intersectional discrimination, as well as ill- suited facilities, leading toenabling harassment and violence; notes, as a result, the difficulty in attracting and keeping women in transport jobs;
Amendment 272 #
2022/2140(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls on all Member States to combat discrimination and adhere to EU law in this regard, as well as to encourage gender-specific risk assessments, promote measures ensuring safe and secure workplaces, availability of anti- harassment trainings for management and employees, protocols with clear legal procedures and measures of adequate victim support, aimed at preventing violence and harassment in all transport- related workplaces;
Amendment 278 #
2022/2140(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on all Member States to implement the ILO Convention C190 concerning the elimination of violence and harassment in the world of work, which also applies to commuting to and from work (Article 3.f) and therefore emphasized the employers legal responsibility in this regard;
Amendment 281 #
2022/2140(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
Amendment 283 #
2022/2140(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15 d. Calls on the Member States and on social partners to take initiatives, where necessary, to strengthen the social dialogue, ensure collective bargaining and collective agreements, and to promote gender parity in workers’ representative bodies as a basis for improving women’s working conditions in the transport sector;
Amendment 284 #
Amendment 286 #
2022/2140(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that the lack of women in the transport sector should also be seen as an opportunity; calls on the Commission, the Member States and stakeholders to address the different barriers and take proactive measures to boost women’s employability and competitiveness in this sector;
Amendment 291 #
2022/2140(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 297 #
2022/2140(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that digitalisation and new transport models canhave the potential provide better, safer and more accessible working environments for women;
Amendment 42 #
2022/0426(COD)
Proposal for a directive
Recital 1
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.
Amendment 44 #
2022/0426(COD)
Proposal for a directive
Recital 1 a (new)
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.
Amendment 48 #
2022/0426(COD)
Proposal for a directive
Recital 2
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.
Amendment 53 #
2022/0426(COD)
Proposal for a directive
Recital 3
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.
Amendment 61 #
2022/0426(COD)
Proposal for a directive
Recital 4
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.
Amendment 66 #
2022/0426(COD)
Proposal for a directive
Recital 4 a (new)
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.
Amendment 69 #
2022/0426(COD)
Proposal for a directive
Recital 4 b (new)
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.
Amendment 72 #
2022/0426(COD)
Proposal for a directive
Recital 5
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.
Amendment 73 #
2022/0426(COD)
Proposal for a directive
Recital 7
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.
Amendment 81 #
2022/0426(COD)
Proposal for a directive
Recital 8
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.
Amendment 83 #
2022/0426(COD)
Proposal for a directive
Recital 8 a (new)
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.
Amendment 88 #
2022/0426(COD)
Proposal for a directive
Recital 8 b (new)
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.
Amendment 92 #
2022/0426(COD)
Proposal for a directive
Recital 9
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.
Amendment 100 #
2022/0426(COD)
Proposal for a directive
Recital 9 a (new)
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.
Amendment 106 #
2022/0426(COD)
Proposal for a directive
Recital 10
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.
Amendment 134 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/36/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
(1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption, or trafficking into institutions” is added at the end of the paragraph.
Amendment 140 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2011/36/EU
Article 2 – paragraph 6 a (new)
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.
Amendment 144 #
2022/0426(COD)
(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;"
Amendment 147 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Directive 2011/36/EU
Article 4 – paragraph 2 – points d a, d b and d c (new)
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."
Amendment 154 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2011/36/EU
Article 4 – paragraph 4 a (new)
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."
Amendment 156 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Directive 2011/36/EU
Article 4 b (new)
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."
Amendment 158 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)
Article 1 – paragraph 1 – point 2 e (new)
Directive 2011/36/EU
Article 5 – paragraphs 2 a (new) and 2 b (new)
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."
Amendment 163 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/36/EU
Article 7 – paragraph 2 (new)
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.
Amendment 165 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/36/EU
Article 8
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."
Amendment 175 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/36/EU
Article 9 – paragraph 4
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.
Amendment 178 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2011/36/EU
Article 11 – title
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
Amendment 187 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – introductory part
Article 1 – paragraph 1 – point 4 – introductory part
Directive 2011/36/EU
Article 11
Article 11
(4) iIn Article 11, paragraph 4 iss 1, 2, 3 and 4 are replaced by the following:
Amendment 188 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 – paragraph 4
Article 11 – paragraph 4
-4. In Article 11, 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.
Amendment 189 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2011/36
Article 11 – paragraph 4
Article 11 – paragraph 4
4. In Article 11, paragraph 4 is replaced by the following: Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the 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.
Amendment 203 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 – paragraph 7
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.
Amendment 207 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11
Article 11
Amendment 213 #
2022/0426(COD)
(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.
Amendment 223 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Directive 2011/36/EU
Article 17 – paragraph 1
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.
Amendment 227 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)
Article 1 – paragraph 1 – point 4 c (new)
Directive 2011/36/EU
Article 17
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.
Amendment 236 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 d (new)
Article 1 – paragraph 1 – point 4 d (new)
Directive 2011/36/EU
Article 18 – paragraph 2
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.
Amendment 242 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2011/36/EU
Article 18
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.
Amendment 250 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
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.
Amendment 276 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point a
Article 19 a – paragraph 2 – point a
(a) the number of 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;
Amendment 281 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
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;
Amendment 282 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36
Article 19 a – paragraph 2 – point a b (new)
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
Amendment 283 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36
Article 19 – paragraph 2 – point a c (new)
Article 19 – paragraph 2 – point a c (new)
Amendment 286 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point c (new)
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;
Amendment 288 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point e
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;
Amendment 1 #
2021/2243(INI)
Motion for a resolution
Recital A
Recital A
A. whereas many women face intersecting inequalities and discrimination in the EU; whereas intersectional discrimination refers to a situation in which several grounds of discrimination operate and interact with each other, for example gender with other grounds of discrimination such as race, colour, ethnic or socio-economic status, age, sexual orientation, gender identity and expression, sex characteristics, genetic features, religion or belief, nationality, residence status, migrant background, or disability, among others, in a way that is inseparable and produces specific types of discrimination;
Amendment 2 #
2021/2243(INI)
Motion for a resolution
Recital B
Recital B
B. whereas applying an intersectional analysis allows us to address and understand social inequalities, exclusion and discrimination from a comprehensive, systemic and structural perspective, while overcoming a single-axis approach to discrimination; whereas EU policies have not involved an intersectional approach thus far and; whereas they have focused only on the individual dimensions of discrimination, which downplays its institutional, structural and historical dimensions;
Amendment 3 #
2021/2243(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the achievement of gender equality cannot occur if all multiples types of discrimination, intentional and unintentional, in their individual, structural, institutional and historical forms, have not been eradicated whereas applying an intersectional approach aims to examine the intersections between racism/colonialism, economic inequality and patriarchy whereas traditional anti-discrimination laws fail to combat all forms of discrimination and their compounded negative effects on the women concerned and not all Member States explicitly cover multiple discrimination and intersectional discrimination in their national legislation;
Amendment 4 #
2021/2243(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the impact of racism and the process of racialisation is often overlooked as an important phenomenon preventing equality in Europe; whereas intersectional policies cannot be implemented without centring racialised people at the intersections of discrimination;
Amendment 5 #
2021/2243(INI)
Motion for a resolution
Recital C
Recital C
C. whereas women are not a homogenous category and understanding their diversity is key to ensuring that policymaking does not continue to render certain groups of women invisible; to directly or indirectly discriminate and/or render certain groups of women invisible, for example socio-economically disadvantaged women of African, Middle- Eastern, Latin-American, Romani and Asian descent; whereas women, particularly women with disabilities, migrant and ethnic minority women, black women, women of colour, Roma women, older women, women with lower education levels, women with health problems, as well as LGBTI+ women, are more often subject to multiple and intersectional forms of discrimination;
Amendment 6 #
2021/2243(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a key challenge in operationalising intersectionality and addressing intersecting forms of discrimination is the absence of intersectional equality data, including data disaggregated by race and ethnicity; whereas the paucity of relevant data leads to serious shortcomings and prevents the EU and Member States from actively monitoring the situation of inequality and to address and analyse the extent of intersectional discrimination in Europe including on the situation of minority and marginalised groups; whereas some Member States currently do not collect this kind of data thus leaving groups of people invisible in policy making; whereas the collection of such data, particularly on race, ethnicity and disability should be provided voluntarily anonymously according to data protection standards and inline with the Istanbul Convention;
Amendment 7 #
2021/2243(INI)
Motion for a resolution
Recital F
Recital F
F. whereas women subjected to intersecting types of discrimination face multiple obstacles in accessing the formal labour market, leaving them vulnerable to discrimination, exploitation,poverty, economic exploitation social exclusion and gender based violence, including sexual harassment and mistreatment; whereas across the EU, 91 % of Bblack women are overqualified in their jobs, compared to 48 % of white women and consistently deal with discrimination and micro-aggressions, resulting in higher rates of burnout; whereas the recognition of diplomas acquired abroad can still represent a significant challenge;
Amendment 8 #
2021/2243(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas women from most marginalised groups account for the majority of lowest paid positions in care services, doing the heaviest, indirect care work or domestic work often suffering from gender segregation, racism, poor working conditions and pay as well as violence and harassment at work5a; whereas the precarious situation faced by migrant domestic workers, especially young workers, is an example where the intersectionality of race, gender, socioeconomic status and nationality is visible; whereas in most EU countries, long-term residence work permits are often available only for highly skilled and paid jobs relegating medium and low- skilled workers to exploitation, precarious contracts in undervalued sectors (133);https://www.europarl.europa.eu/Reg Data/etudes/STUD/2020/662491/IPOL_S TU(2020)662491_EN.pdf
Amendment 9 #
2021/2243(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas in the field of employment women continue to be overrepresented in precarious and low-payed sectors, which can lead to facing discrimination, sexual harassment and mistreatment; whereas barriers to join and remain in the labour market are often amplified by the intersection of gender with additional factors, for example racial or ethnic origin, religion or belief, disability, age or sexual orientation and have significant detrimental economic and social consequences for Member States; whereas as result of these barriers, racialised women tend to predominantly engage in occupations with a higher risk of developing occupational diseases
Amendment 10 #
2021/2243(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 11 #
2021/2243(INI)
Motion for a resolution
Recital G
Recital G
G. whereas half of all trans women experience discrimination when searching for employment; whereas only 20 % of women with disabilities are in full-time employment in the EU and have significantly lower incomes 3a;whereas estimates indicate that 22 % are at risk of poverty or social exclusion; whereas women with disabilities face significant barriers to education, as 13 % of women with disabilities have a university degree compared to 29 % of women without disabilities in the EU; 3a. https://www150.statcan.gc.ca/n1/pub/89- 503-x/2015001/article/14695-eng.htm
Amendment 12 #
2021/2243(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the high unemployment rate among Roma women cannot be explained by one single factor, such as discrimination on the basis of ethnicity, gender or socio-economic background, as these grounds are mutually reinforcing; whereas only 16% of Roma women are employed compared to 34% of Roma men; whereas they also lack adequate access to education and more than a quarter (28 %) of Roma women, compared to 6 % for men, are engaged in unpaid domestic work including care of children and relatives, reinforcing the difficulty to breakt he poverty cycle;
Amendment 13 #
2021/2243(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. Whereas the prevalence of discrimination on the grounds of racial or ethnic origin remains consistently high, both over time and across different population groups in different Member States; whereas FRA survey data show that people with racial, ethnic minority or migrant backgrounds (including Roma, Muslims, Jews and people of African descent) regularly experience high levels of discrimination based on their ethnic or racial origin as well as their religion or belief in different areas of life; Whereas islamophobia and antisemitism are persistent forms of hatred and discrimination; whereas 71% of Jewish people at least occasionally avoid carrying or displaying items that reveal them to be Jewish; whereas more than one third (39 %) of all Muslim women who wear religious dress in public experienced inappropriate staring or offensive gestures;
Amendment 14 #
2021/2243(INI)
Motion for a resolution
Recital J
Recital J
J. whereas high degrees of prejudice and the subsequent policies preventing Muslim women from wearing religious dressconcerning the display of religious symbol sand clothing, further trigger unequal treatment and multiply the barriers to accessing the labour market and housing, which has a particular negative impact on Muslim women, when accessing the labour market and housing, excluding them from the public space and any form of meaningful participation in societal processes and decisions, thereby keeping them in a precarious socio- economic situation;
Amendment 15 #
2021/2243(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Amendment 16 #
2021/2243(INI)
Motion for a resolution
Recital K
Recital K
K. whereas racialised women, women from disadvantaged socio-economic backgrounds, women with disabilities, migrant women and LGBTIQ people face additional barriers and violence in accessing health care and health information, including sexual and reproductive health and rights (SRHR), as a result of discriminatory laws and policies, stigma and stereotypes; whereas these women are more likely to face the gynaecological and obstetrical violence during the pregnancy and the delivery and the lack of comprehensive education and the unavailability of methods of contraception affect them in a disproportional way; whereas the training of healthcare professionals can be beneficial in this regard, ensuring the basic right of access to health care services which should include as well access to high-quality and targeted mental health facilities;
Amendment 17 #
2021/2243(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas racialised women are more likely to have their symptoms dismissed by medical providers as medical education in many Member States does not address diseases and symptoms that affect women of African, Middle Easter, Latin-American and Asian descent; whereas in some European countries black women are four times as likely and Asian women twice as likely to die in childbirth compared to white women, and women of African descent have a higher risk of dying of life threatening diseases even though these are less prevalent among them; whereas improving access to healthcare, as well as preventing, eliminating and penalizing all forms of discrimination which limit access to healthcare for all women, is essential in order to reinforce women´s ability to exercise their fundamental rights;
Amendment 18 #
2021/2243(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Amendment 19 #
2021/2243(INI)
Motion for a resolution
Recital L
Recital L
L. whereas intersecting types of discrimination can have a serious impact on the life of survivorvictims of gender-based violence such as female or intersex genital mutilation, for example by limiting or impeding their access to the prevention, support and protection services they need as a result of a combination of types of discrimination and cultural and linguistic barriers, leading to an increased risk for complications or having a negative impact on their mental health; whereas professionals entering in contact with victims of gender-based violence often lack formation including on intersectionality; whereas gender-based violence is both the consequence and one of the causes of persisting gender inequalities;
Amendment 20 #
2021/2243(INI)
Motion for a resolution
Recital M
Recital M
M. whereas1 in 3 trans people experience discrimination when searching for employment and this number increases to 1 in2 trans women; whereas 26 % of trans women in the EU have experienced homelessness at some time in their lives and 25% say they are able to make ends meet only with difficulty or great difficulty; whereas racialised trans women in the EU experience unique and extraordinary structural and institutional discrimination that impacts their access to education,employment, health, housing, and ability to remain out of poverty; or social exclusion;
Amendment 21 #
2021/2243(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Amendment 22 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times more likely to experience physical or sexual assault compared to women without disabilities; whereas 27 % of the Muslim women of African descent who have indicaCalls on the Commission and Member States to, based on voluntary participation, confidentiality, anonymity, self-identification and informed consent, take steps toward the collection of reliable and comparable equality data, including data disaggregated by gender, racial and ethnic origin (as defined by the EU Racial Equality Directive), sexual orientation and identity, while respecting the key principles and standards of EU data protection and fundamental rights, for the purpose of identifying the roots, measuring the extent of and combating racism and discrimination in accordance with the relevant national legal frameworks and to work towards using such data to inform its policy making; Noteds that they wear religious dress outsideequality data is a key tool to understand, uncover and combat all types and dimensions of discrimination, especially the intersectional, structural and institutional ones; Calls ofn the house report that they have experienced inappropriate staring or offensive gesturesEU to encourages the collection of such data and provide technical support to implement existing EC guidelines on the matter and to promote the participation of the affected communities in the process);
Amendment 23 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times more likely to experience physical or sexual assault compared to women without disabilities; whereas 27 % of the Muslim women of African descent who have indicated that they wear religious dress outside of the house report that they have experienced inappropriate staring Welcomes the appointment of a Commissioner for Equality and EU coordinators for combating racism, as well as for combating antisemitism and fostering Jewish life and the creation of a coordinator on combatting anti-Muslim hatred; and calls on the immediate appointment of the coordinator on anti- Muslim hatred which position has remained vacant for a year; stresses that in order to institutionalise an approach that takes intersectionality into account, the Commission should appoint coordinators aligned with all of the individual Equality Strategies and always implement a gender mainstreaming approach that creates policies for women in all their diversity (192); believes that the collective work of such coordinators will help to institutionalise intersectionality, contribute to the important work offensive gestures the Commissioner for Equality and strengthen the implementation of each Strategy (190);
Amendment 24 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times more likely to experience physical or sexual assault compared to women without disabilities; whereas 27 % of the Muslim women of African descent who have indicated that they wear religious dress outside of the house report that they have experienced inappropriate staring or offensive gestur15.Notesthat access to health can be impaired by the compounded effect of intersectional discrimination Calls on the Member States to ensure universal and accessible health coverage, including specialised mental health services and to urgently remove the barriers that exist to healthcare for all, including for migrants in an irregular administrative situation and with a specific focus on women in all their diversity; highlights that access to health should never be impaired by ignorance, bias or stigma; stresses the importance of healthcare professionals to provide care in a humane, non- discriminatory, and non-judgmental manner, respecting free, prior and informed consent and patients’ rights ; notes that there is a substantial lack of data on women from marginalised groups and migrant women accessing health services especially mental health services;
Amendment 25 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times m6.Calls for the role and cooperation of the Commission’s Task Force likely to experience physical or sexual assault compared to women without disabilities; whereas 27 % of the Muslim woon Equality to be reinforced and its cooperation with other bodies to be stepped up in order to ensure that all policy measures include an intersectional perspective based on impact assessments of African descent who have indicated that they wear religipolicies and legislation; Notes that the mandate of this Task Force must be institutionalised, more transparent and working in close collaboration with groups dress outside of the house report that they have experienced inappropriate staring or offensive geconcerned by intersectional discrimination and invites the Commission to reflect further on how to best draw the strategic potential of this initiative (195); Notes that the role of Commissioner for Equality needs to be strengthened to carry out and supervise impactful gender and equality mainstures; aming;
Amendment 26 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times more likely to experience physical or sexual assault compared to women without disabilities; whereas 27 % of the Muslim women of African descent who have indicated that they wear religious dress Calls on the incoming EU presidencies and the currently blocking Member States( to make equal treatment and the fight against discrimination in all its forms a key priority to break the deadlock and adopt the Anti- Discrimination Directive without delay in order to achieve a harmonised protection for all people inside the EU in the fields of social protection, including social security and healthcare, social advantages, education and the access to and supply of goods and services, including houtside of the house report that they have experienced inappropriate staring or offensive gestures;ng; Calls to ensure that this Directive allows addressing intersectional discrimination missing in the current legislative framework and securing inclusion and protection for all racialised women,
Amendment 27 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabi16. Calls on the Member States to adopt and implement strategies, politcies are 10 times more likely to experience physical or sexual assault compared to women without disabilities; whereas 27 % of the Muslim women of African descent who have indicated that they weand programmes to advance the SRHR of marginalised groups of women and to eradicate the systemic, financial, legal ,practical and social barriers they face and to ensure sexual and reproductive health and rights are protected and respected in all Member States; calls on Member States to promote family planning and comprehensive age- appropriate sexuality education and to help women in vulnerable or preligcarious dress outside of the house report that they have experienced inappropriate staring or offensive gestursituations to access free contraception in all its different forms, to ensure that they will not face any discriminatory practices in access to health services;
Amendment 28 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times more likely to experience physical or sexual assault compared to women without disabiStresses the need for EU policymaking to address and eliminate intersecting forms of discrimination, including through EU anti-discrimination and gender equality legislation and politcies; whereas 27 % of the Muslim women of African descent who have indicated that they wear religious dress outside of the house report that they have experienced inappropriate stCalls for the polices and actions under the Union of Equality to be strengthened, enhanced and adapted if necessary and for an EU framework on intersectional discrimination with cross- cutting objectives and measures to be promoted; recognises the need to mainstream equality and gender equality into EU policies and create inclusive solutions that protect the most marging or offensive gesturalised and those facing intersectional discrimination in our communities;
Amendment 29 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times more likely toCalls for the creation of a mainstreaming mechanism for cooperation and coordination for EU and national equality policies, ensuring that all types of discrimination, exsperience physical or sexual assault compared to women wicially those which intersect, are taken into account in there view and adoption of policies, including throut disabilities; whereas 27 % of the Muslim women of African descent who have indicated that they wear religious dress outside of the house report that they have experienced inappropriate staring or offensive gesturesgh systematic gender and equality impact assessments; Encourages the Member States to adopt or strengthen criminal and civil laws prohibiting both intersectional and multiple discrimination and calls for the development of EU guidelines, including he exchanges of good practices on the adoption of an intersectional approach in policymaking;
Amendment 30 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times more likely to experience physical or sexual assault compared to women without disabilities; whereas 27 %12.Calls on the Member States to ensure that the Council Framework Decision on combating racism and xenophobia13, the Racial Equality Directive, the Victim’s Rights Directive (244) and the Employment Equality Directive are consistently implemented; Calls ofn the Muslim women of African descent who have indicEuropean Commission to regularly monitor and evaluated that they wear religious dress outside of the house report that they have experienced inappropriate staring or offensive gesturese realisation of equal treatment taking into account the views of the European Union Agency for Fundamental Rights and the European Gender Equality Institute and relevant action, including launch infringement proceedings against those Member States that fail to eliminate practices of segregation;
Amendment 31 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times more likely to experience physical or sexual assault compared to women without disabilities; whereas 27 % of the Muslim women of African descent who have indicated that they wear religious dress outside of the house report that they have experienced inappropriate staring or offensive gestures10. Calls for the Member States and the EU to provide implicit bias and awareness-raising training courses and campaigns within their institutions, including in judicial institutions, asylum processing and intake centres, education, and for the police, healthcare professionals and other civil servants, and to address the effects of the implicit biases on decisions, actions and interactions generated resulting from persistent stereotypes, and the under-representation of certain groups in these sectors and highlights that these represent the lay ground for discrimination and exclusion;
Amendment 32 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times more likely to experience physical or sexual assault compared to women without disabilities; whereas trans women and intersex persons experience further physical violence and sexual assaults than other LGBTQ+ categories; whereas 27 % of the Muslim women of African descent who have indicated that they wear religious dress outside of the house report that they have experienced inappropriate staring or offensive gestures, 15 % experienced verbal insults or offensive comments and 2 % were physically attacked;
Amendment 33 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times more likely to experience physical17. Encourages the Member States to ensure accessible and transparent legal gender recognition procedures based orn sexual assault compared to women without disabilities; whereas 27 % of the Muslim women of African descent who have indicated that they wear religious dress outside of the house report that they have experienced inappropriate staring or offensive gestures; lf -determination and in line with WHO’s ICD-11, to recognise trans, non- binary and intersex people in law and to abolish barriers such as mandatory surgical interventions or mandatory psychological counselling (290); urges Member States to ban intersex genital mutilation and to ensure that intersex infants are not subjected to non-vital medical or surgical treatment during infancy or childhood;
Amendment 34 #
2021/2243(INI)
Motion for a resolution
Recital A
Recital A
A. whereas many women face intersecting inequalities and discrimination in the EU; whereas intersectional discrimination refers to a situation in which several grounds of discrimination operate and interact with each other, for example gender with other grounds of discrimination such as race, colour, ethnicity, socio-economic status, age, sexual orientation, gender identity and gender expression, sex characteristics, genetic features, religion or belief, nationality, residence status, disability, among others in a way that is inseparable and produces specific types of discrimination;
Amendment 34 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times more likely to experience physical or sexual assault compared to women without disabilities; whereas 27 % of the Muslim women of African descent who have indicated that they wear religious dress outside of the house report that they have experienced inappropriate staring or offensive gesturesCalls for an increased presence of women in all their diversity in high-level and decision-making positions and for positive action measures, such as temporary quotas, incentive mechanisms and mentorships, for women facing intersectional discrimination to attain positions in public institutions, including in the EU institutions, to ensure a fair representation of the diversity of society indecision-making; notes that quotas alone are not sufficient to address structural discrimination in a holistic way;
Amendment 35 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times more likely to experience physical or sexual assault compared to women without disabilities; whereas 27 %7.Highlights the need for a comprehensive directive on gender-based violence with an intersectional approach, covering all women and girls in all their diversity and LGBTIQ people ofn the Muslim women of African descent who have indicated that they wear religiousgrounds of gender identity, gender expression or sex characteristics; Stresses that in the Proposal for a diress outside of the house report that they have experienced inappropriate staring or offensive gective on combating violence against women and domestic violence the intersectional approach is mentioned but regrets that it has not been adequately mainsturesamed;
Amendment 36 #
2021/2243(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas applying an intersectional analysis allows us to understand the structural dimension of discrimination and design policies to combat systemic discrimination, exclusion and social inequalities accordingly, while overcoming a single-axis approach to discrimination;
Amendment 36 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times more likely to experience physical or sexual assault compared to women without disabilities; whereas 27 % of the Muslim women of African14. Calls on the Member States to support the creation of new measures, including legal pathways across sectors, according to the national context including for medium- and low-skilled workers, that promote autonomy, descent who have indicated that they wear religious dress outside of the house report that they have experienced inappropriate stork, workers fundamental rights and social inclusion amongst women including women of most marging or offensive gestures;alised groups or women from diaspora CULT
Amendment 37 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times more likely to experience physical or sexual assault compared to women without disabiB);Calls for an intersectional assessment within the current revision of the EU asylum and migration policies and for politcies; whereas 27 % of the Muslim women of African descent who have indicated that they wear religious dress outside of the house report that they have experienced inappropriate staring or offensive gestures granting individuals migration taking into account status independent to a spouse, partner or employer in view of eliminating ties that restrict their options and limit their opportunities and their safety;
Amendment 38 #
2021/2243(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. Calls to ensure access to inclusive, quality education, trainings, skills and decent employment for marginalised girls and young women in all their diversity and the Commission to support Member States with targeted Erasmus + projects, including for STEAM subjects and by giving them fair visibility in text book sand other didactic materials (CULT A) which could also serve as a tool for empowering these girls and women and facilitate their transition to the labour market;stresses the intricate impact of children’s education on women’s professional and personal endeavours and recalls the need for all children to effectively access free education as foreseen by EU law (CULT A); calls on Member States to apply an intersectional approach, addressing the specific needs of children in marginalised groups, when implementing the recommendation on a European Child Guarantee;
Amendment 39 #
2021/2243(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. Highlights the importance of fighting against stereotypes and discrimination at a very early age and thus calls for analyses of bias, stereotypical representation or missing representation in teaching materials, their potential revision and a bias free education; Calls on the Member States and encourages them to ensure human rights education, to develop awareness- raising campaigns targeted at youth to combat intersectional discrimination, fight against racism as well as promotion of equality and non-discrimination in education at every level of schooling starting early age; Recognises the role of schools and teachers in promoting equality, gender equality, respect, awareness-raising and non- discrimination and the importance of better intercultural sensitivity among school personnel and more inclusive educational systems in Member States;
Amendment 40 #
2021/2243(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Amendment 41 #
2021/2243(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. Calls on Member States to end the practice of forced sterilisation forced abortion and forced contraception, including of women with disabilities and Roma women and medicalisation for trans people and to respect their physical and bodily integrity; calls on Member States to ensure effective and timely remedies to all survivors of forced and coercive sterilization and forced divorce, including through the establishment of effective reparations schemes
Amendment 42 #
2021/2243(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. Highlights that migrant women are often victims of trafficking and other forms of violence such as gender-based violence, forced marriage and genital mutilation which are still too often not recognised in asylum procedures; stresses the importance of taking into account the specific experience of women victims of intersectional discrimination in the design, implementation and evaluation of asylum, migration and integration policies;
Amendment 43 #
2021/2243(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. Notes that due to a lack of generational wealth, women of African, Middle-Eastern, Latin-American and Asian descent often struggle to finance small businesses and underlines that the promotion of entrepreneurship among these group scan offer great opportunities to foster their economic independence and empowerment;
Amendment 44 #
2021/2243(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. whereas too many women and particularly migrant and ethnic minority women, black women and women of colour, LGBTIQ+ women continue to be subjected to sexual harassment in public spaces and in the workplace because of persisting stereotypes and are at higher risk of economic and sexual exploitation;
Amendment 45 #
2021/2243(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. Welcomes the European Commission’s commitment to reach gender parity at all levels but regrets the lack of diversity targets and of overall diversity in the EU institutions (221); highlights in this respect the important role model function of public services and institutions;
Amendment 46 #
2021/2243(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. Takes note of the ongoing revision of the European statistics on population; calls on the Commission to ensure that this revision encompasses as many explicit grounds of discrimination as possible, so as to ensure the collection of reliable equality data;
Amendment 47 #
2021/2243(INI)
Motion for a resolution
Recital N b (new)
Recital N b (new)
N b. Calls on Member States to take note of the compounded effect of intersectional discrimination on the access health care diagnosis, particularly concerning reproductive health and specifically for Black women, women of colour and minority women; Recalls that sexual and reproductive health and rights are fundamental human rights to which all people, in their diversity, should have safe and legal access;
Amendment 49 #
2021/2243(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas applying an intersectional approach aims to examine the intersections between racism/colonialism, economic inequality and patriarchy and looks at multidimensionality of people’s discrimination experiences, leading to systemic injustice and social inequality;
Amendment 52 #
2021/2243(INI)
Motion for a resolution
Recital C
Recital C
C. whereas women are not a homogenous category and understanding their diversity is key to ensuring that policymaking does not continue to render certain groups of women invisible for examples socio-economically disadvantaged women of African, Middle- Eastern, Latin-American, Romani and Asian descent;
Amendment 61 #
2021/2243(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a key challenge in operationalising intersectionality and addressing intersecting forms of discrimination is the absence of intersectional equality data, including data disaggregated by race and ethnicity; whereas the paucity of relevant data prevents the EU and Member States from actively monitoring the state of equality and to address and analyse the extent of intersectional discrimination in Europe, leaving groups of people invisible in policy making;
Amendment 71 #
2021/2243(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas the impact of racism and the process of racialisation is often disregarded as an important phenomenon preventing equality in Europe; whereas intersectional policies cannot be implemented without centring racialised people at the intersections of discrimination;
Amendment 73 #
2021/2243(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. Whereas the prevalence of discrimination on the grounds of racial or ethnic origin remains consistently high, both over time and across different population groups in different Member States; whereas FRA survey data show that people with racial, ethnic minority or migrant backgrounds (including Roma, Muslims, Jews and people of African descent) regularly experience high levels of discrimination based on their ethnic or racial origin as well as their religion or belief in different areas of life;
Amendment 87 #
2021/2243(INI)
Motion for a resolution
Recital G
Recital G
G. whereas half of all trans women experience discrimination when searching for employment and this number increases to 1 in 2 trans women; whereas only 20 % of women with disabilities are in full-time employment in the EU and estimates indicate that 22 % are at risk of poverty or social exclusion;
Amendment 94 #
2021/2243(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas lesbophobia must be understood as violence at the intersection of homophobia and misogyny, constituting a type of violence with its own roots, patterns, modes and consequences formed by this intersectional experience; whereas one in six (16%) lesbian or bisexual women reported episodes of discrimination when accessing healthcare or social services;
Amendment 113 #
2021/2243(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the precarious situation faced by many migrant domestic workers predominantly racialised women is an example where the intersectionality of race, gender, socioeconomic status and nationality is visible; whereas in most EU countries, long-term residence work permits are often available only for highly skilled and paid jobs relegating medium and low-skilled workers to exploitation, precarious contracts in undervalued sectors; whereas nearly one in three non- EU born women work in precarious jobs in the EU and 18% of migrant women are at risk of poverty;
Amendment 123 #
2021/2243(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas Roma women still face racism and discrimination in access to health care and in some Member States Roma women still experience ethnic segregation in reproductive health care settings, facing exacerbated forms of verbal, physical, and psychological violence and harassment during childbirth; reminds that Roma women and women with disabilities have been subjected historically to systematic practices of forced and coercive sterilisation in the EU and many have been denied effective remedies;
Amendment 125 #
2021/2243(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas social and legal changes, as well as research in the medical and biological field, have led to the recognition of diversity in the definition of ‘sex’ in addition to women and men; whereas sex discrimination has been interpreted in the case-law of the CJEU more broadly to include transgender persons who undergo medical transition;
Amendment 132 #
2021/2243(INI)
Motion for a resolution
Recital L
Recital L
L. whereas intersecting types of discrimination can have a serious impact on the life of survivors of gender-based violence such as female or intersex genital mutilation, for example by limiting or impeding their access to the prevention, support and protection services they need as a result of a combination of types of discrimination and cultural and linguistic barriers;
Amendment 135 #
2021/2243(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas LGBTQI people across Europe still face discrimination when accessing healthcare services, with 16 % of survey respondents reporting that they have felt discriminated against by healthcare or social services staff because of their identity and trans people report especially high levels of transphobic and disrespectful behaviour towards them by healthcare personnel; whereas in several Member States trans people are subjected to the practice of forced sterilisation or medicalisation, both of which violate human rights standards;
Amendment 136 #
2021/2243(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas racialised trans women in the EU experience unique and extraordinary structural and institutional discrimination that impacts their access to education, employment, health, housing, and ability to remain out of poverty;
Amendment 137 #
2021/2243(INI)
Motion for a resolution
Recital M
Recital M
M. whereas 26 % of trans women in the EU have experienced homelessness at some time in their lives and 25% say they are able to make ends meet only with difficulty or great difficulty;
Amendment 140 #
2021/2243(INI)
Motion for a resolution
Recital N
Recital N
N. whereas women with disabilities are 10 times more likely to experience physical or sexual assault compared to women without disabilities; whereas trans people are more likely to experience assault compared to cisgender people; whereas 27 % of the Muslim women of African descent who have indicated that they wear religious dress outside of the house report that they have experienced inappropriate staring or offensive gestures, 15 % experienced verbal insults or offensive comments and 2 % were physically attacked;
Amendment 151 #
2021/2243(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas LGBTIQ children and those with a minority racial or ethnic background are targets of discrimination hindering them in accessing key services such as education; whereas across all EU member states, 80% of people from the LGBTIQ community experienced bullying at school due to their real or perceived sexual orientation and Roma children and children with disabilities are often excluded from mainstream inclusive education whereas children of rainbow families are often stigmatised, making them targets of discrimination and bullying that affects their educational performance and employment prospects, their daily lives and their personal and family well-being;
Amendment 177 #
2021/2243(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the incoming EU presidencies to make equal treatment and the fight against discrimination in all its forms a key priority to break the deadlock and adopt the Anti- Discrimination Directive without delay;
Amendment 181 #
2021/2243(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to collect equality data, including data disaggregated by gender, racial and ethnic origin, based on voluntary participation, anonymity, confidentiality, self- identification and informed consent, while respecting the key principles of data protection and fundamental rights; takes note of the ongoing revision of the European statistics on population; calls on the Commission to ensure that this revision encompasses as many explicit grounds as possible, so as to ensure the collection of reliable equality data;
Amendment 182 #
2021/2243(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to collect equality data, including data disaggregated by gender, racial and ethnic origin, based on voluntary participation, anonymity, confidentiality, self- identification and informed consent, while respecting the key principles of data protection and fundamental rights; calls on the EU to encourage the collection of such data and provide technical support to implement existing EC guidelines on the matter; calls on MS and the EU to work towards using such data to inform its policy making;
Amendment 190 #
2021/2243(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the appointment of a Commissioner for Equality and EU coordinators for combating racism, as well as for combating antisemitism and fostering Jewish life; stresses that in order to institutionalise an approach that takes intersectionality into account, the Commission should appoint coordinators aligned with all of the individual Equality Strategies; believes that the collective work of such coordinators will help to institutionalise intersectionality, contribute to the important work of the Commissioner for Equality and strengthen the implementation of each Strategy;
Amendment 194 #
2021/2243(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the role and cooperation of the Commission’s Task Force on Equality to be reinforced and its cooperation with other bodies to be stepped up in order to ensure that all policy measures include an intersectional perspective based on impact assessments of policies and legislation; Notes that the mandate of this Task Force must be institutionalised, more transparent and working in close collaboration with groups concerned by intersectional discrimination; Notes that the role of Commissioner for Equality needs to be strengthened to carry out and supervise impactful gender and equality mainstreaming;
Amendment 195 #
2021/2243(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the role and cooperation of the Commission’s Task Force on Equality to be reinforced and its cooperation with other bodies to be stepped up in order to ensure that all policy measures include an intersectional perspective based on impact assessments of policies and legislation; invites the Commission to reflect further on how to best draw the strategic potential of this initiative, which can be further developed with the inclusion of the Coordinators of each equality field;
Amendment 197 #
2021/2243(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers the EC Platform on Disability to be a flagship initiative with strategic potential; invites the EC to set up similar structures to ensure full implementation of all strategies under the ‘Union of Equality’ framework;
Amendment 198 #
2021/2243(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the increasing mention of intersectionality in EU documents, including in the proposal for a pay transparency directive but regrets the lack of clear definition targets, indicators and actions to implement it;
Amendment 200 #
2021/2243(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the need for a comprehensive directive on gender-based violence with an intersectional approach, covering all women and girls in all their diversity and LGBTIQ people on the grounds of gender identity, gender expression or sex characteristics; calls on Member States to ensure that instances of gender-based violence are appropriately investigated, prosecuted and sanctioned and that victim-support services are comprehensive enough to address all forms of violence with a victim-centred perspective, particularly that which results from intersectional discrimination;
Amendment 201 #
2021/2243(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the need for a comprehensive directive on gender-based violence with an intersectional approach, covering all women and girls in all their diversity and LGBTIQ people on the grounds of gender identity, gender expression or sex characteristics; underlines the need to recognise how groups in vulnerable situations are at heightened risk of violence and that intersecting forms of discrimination exacerbate the consequences of gender- based violence including due the increasing power of law enforcement andre-victimisation of marginalised people;
Amendment 204 #
2021/2243(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that the principle of equal treatment for men and women cannot be confined to the prohibition of discrimination based on a person’s given sex, and that it also applies to discrimination arising from the person’s gender identity; recalls that the CJEU has interpreted sex discrimination within the principle of equal treatment as encompassing transgender persons who undergone medical transition, yet notes that no such judgements were issued concerning non-binary or intersex persons, questioning the utility and capacity of EU non-discrimination legislation for the large trans population in Europe who cannot or will not access gender affirmation healthcare or for intersex persons; recalls that such individuals will be without remedy if they suffer discrimination compared to those who have physically altered their bodies; recalls the need for EU anti- discrimination to go beyond the gender binary and recognise gender discrimination; calls on the Commission to come up with a legislative proposal that avoid any risk of legal uncertainty in this matter;
Amendment 208 #
2021/2243(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to operationalise intersectionality in the upcoming directive to strengthen the role and independence of equality bodies and to include the intersectionality perspective in the evaluation and implementation criteria of the Victims’ Rights Directive and the Anti-Trafficking Directive by assessing the impact on the most marginalised, especially racialised women, ensuring consultation with a diversity of stakeholders and requesting the collection of disaggregated equality data; stresses these are important steps towards strengthening and design strong and effective EU-level legal protections against all forms of discrimination across the EU;
Amendment 211 #
2021/2243(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the need for a dedicated Council configuration on equality and gender equality;
Amendment 213 #
2021/2243(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for positive action measures, such as quotas, for women facing intersectional discrimination in public institutions, including in the EU institutions, as a way to promote public institutions that reflect the diversity of society; notes that quotas alone are not sufficient to address structural discrimination in a holistic way;
Amendment 221 #
2021/2243(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Welcomes the European Commission’s commitment to reach gender parity at all levels but regrets the lack of diversity targets and of overall diversity in the EU institutions;
Amendment 222 #
2021/2243(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Calls on the Member States to develop and adopt national action plans against racism and racial discrimination, against Roma discrimination and to foster LGBTIQ equality in accordance with the strategic frameworks; notes that this should be done in close collaboration with civil society organisations, including racialised women and non-binary people; Calls on the Commission to ensure that the comprehensive assessment of the legal framework as outlined in the anti-racism action plan is implemented with an intersectional approach and explicitly considers the impact of women subject to intersecting forms of discrimination, such as racialised women;
Amendment 238 #
2021/2243(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Member States to design targeted policies and maximising the use of EU funding from the multi- annual financial framework (MFF) and Recovery and Resilience Facility to support women affected by intersectional discrimination;
Amendment 243 #
2021/2243(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to ensure that the Council Framework Decision on combating racism and xenophobia13 , the equality directives on racial equality the Racial Equality Directive and the Employment Equality Directive are consistently implemented; Calls on the European Commission to regularly monitor and evaluate the realisation of equal treatment taking into account the views of the European Union Agency for Fundamental Rights and the European Gender Equality Institute and launch infringement proceedings against those Member States that fail to eliminate practices of segregation; _________________ 13 Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law, OJ L 328, 6.12.2008, p. 55.
Amendment 244 #
2021/2243(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to ensure that the Council Framework Decision on combating racism and xenophobia13 , the Victim’s Rights Directive, the Racial Equality Directive and the Employment Equality Directive are consistently implemented; _________________ 13 Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law, OJ L 328, 6.12.2008, p. 55.
Amendment 256 #
2021/2243(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to support the creation of new legal pathways across sectors, including for medium- and low-skilled workers, that promote autonomy, decent work and social inclusion; Calls for an intersectional assessment within the current revision of the EU asylum and migration policies and for policies granting individuals migration status independent to a spouse, partner or employer in view of eliminating ties that restrict their options and limit their opportunities and their safety;
Amendment 262 #
2021/2243(INI)
14a. Calls for holistic, rights-based multi-disciplinary and person-centred approaches to protection and support services (including gender-based violence and trafficking) that address the institutional factors that push women into situations of dependence and abuse, and to provide real opportunities for decent and stable residence and work permits, non-discriminatory access to services, support and remedy;
Amendment 266 #
2021/2243(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls to ensure access to inclusive, quality education, trainings, skills and decent employment for marginalised girls and young women in all their diversity; calls on Member States to apply an intersectional approach, addressing the specific needs of children in marginalised groups, when implementing the recommendation on a European Child Guarantee;
Amendment 268 #
2021/2243(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to ensure universal health coverage and to urgently remove the barriers that exist to healthcare for all, including for undocumented migrants; highlights that access to health should never be impaired by ignorance, bias or stigma; stresses the importance of healthcare professionals to provide care in a humane, non- discriminatory, and non-judgmental manner, respecting free, prior and informed consent and patients’ rights;
Amendment 272 #
2021/2243(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. CNotes that access to health can be impaired by the compounded effect of intersectional discrimination; calls on the Member States to ensure universal health coverage and to urgently remove the barriers that exist to healthcare for all, including for undocumented migrants;
Amendment 287 #
2021/2243(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Encourages the Member States to ensure accessible and transparent legal gender recognition procedures based on self-determination and to recognise trans, non-binary and intersex people in law; Calls on Member States to end the practice of forced sterilisation forced abortion and forced contraception, including of women with disabilities and Roma women and medicalisation for trans people and to respect their physical and bodily integrity; calls on Member States to ensure effective and timely remedies to all survivors of forced and coercive sterilization and forced divorce, including through the establishment of effective reparations schemes;
Amendment 288 #
2021/2243(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Encourages the Member States to ensure accessible and transparent legal gender recognition procedures based on self-determination and in line with WHO’s ICD-11, and to recognise trans, non-binary and intersex people in law; urges Member States to ban intersex genital mutilation and to ensure that intersex infants are not subjected to non-vital medical or surgical treatment during infancy or childhood;
Amendment 293 #
2021/2243(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Reminds that women in all their diversity, in particular those facing intersecting forms of discrimination, in marginalized situations and in conflict settings, are disproportionally affected by climate change and its consequences; calls to the European Commission and Member States to ensure that all climate action includes an intersectional perspective, including gender and race, that targeted funds and measures are implemented for that aim and to guarantee the equal participation of women in all their diversity in decision making bodies at international, European, national and local level;
Amendment 2 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Citation 3
Citation 3
Amendment 4 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Citation 4
Citation 4
Amendment 7 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Citation 5
Citation 5
Amendment 9 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 16 #
2021/2186(INI)
Motion for a resolution
Citation 7
Citation 7
Amendment 17 #
2021/2186(INI)
Motion for a resolution
Citation 8
Citation 8
Amendment 19 #
2021/2186(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 20 #
2021/2186(INI)
Motion for a resolution
Citation 10
Citation 10
Amendment 21 #
2021/2186(INI)
Motion for a resolution
Citation 11
Citation 11
Amendment 22 #
2021/2186(INI)
Motion for a resolution
Citation 12
Citation 12
Amendment 23 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Citation 14 e (new)
Citation 14 e (new)
Amendment 28 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Recital A
Recital A
Amendment 41 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Amendment 62 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Recital B
Recital B
Amendment 92 #
2021/2186(INI)
Motion for a resolution
Recital C
Recital C
Amendment 100 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 104 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Subheading 1
Subheading 1
Right to equal treatment: Multiple and intersectional discrimination.
Amendment 119 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Subheading 1 d (new)
Subheading 1 d (new)
Amendment 129 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 147 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
Amendment 165 #
Amendment 166 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 170 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 200 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
Amendment 211 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 220 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 i (new)
Paragraph 5 i (new)
Amendment 250 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 254 #
2021/2186(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 255 #
2021/2186(INI)
Motion for a resolution
Subheading 4
Subheading 4
Right to congregate, free movement and freedom of consciences of minorities and vulnerable groups
Amendment 256 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 262 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 274 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 284 #
2021/2186(INI)
Motion for a resolution
Subheading 5
Subheading 5
Amendment 285 #
2021/2186(INI)
Motion for a resolution
Subheading 5
Subheading 5
Amendment 286 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 290 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 306 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 310 #
2021/2186(INI)
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 #
Amendment 312 #
2021/2186(INI)
Motion for a resolution
Subheading 6
Subheading 6
Amendment 313 #
2021/2186(INI)
Motion for a resolution
Subheading 6
Subheading 6
Amendment 314 #
2021/2186(INI)
Motion for a resolution
Subheading 6
Subheading 6
Amendment 315 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 325 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
Amendment 331 #
2021/2186(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 333 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 346 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 349 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
Amendment 352 #
Amendment 353 #
2021/2186(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 355 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 363 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 371 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 376 #
2021/2186(INI)
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 #
2021/2186(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 384 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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 #
2021/2186(INI)
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;
Amendment 186 #
2021/2180(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that in some circumstances, Member States deliberately resorted to measures which question the principle of the rule of law, such as legislation adopted 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; recalls the Member States have a responsibility towards citizens in condition of vulnerability and should provide them with safety and protection from discrimination;
Amendment 192 #
2021/2180(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the annual report should identify cross-cutting trends at EU level; asks the Commission to identify instances where certain measures or practices that undermine the rule of law in one Member State become blueprints for others, or when the gravity and scope of such deficiencies have the potential to affect the Union as a whole; highlights that 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.
Amendment 247 #
2021/2180(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines its concern at the fact that women and people in vulnerable situations, including persons with disabilities, children, religious minorities, particularly at a time of rising antisemitism and anti-Muslim hatred in Europe, Romani people and other persons belonging to ethnic and linguistic minorities, migrants, asylum seekers, refugees, LGBTI+Q persons and elderly people, continue to see their rights not being fully respected across the Union; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rights; recalls its recommendation from 2020 for future reports to assess the effect that hate crime and hate speech have on discrimination;
Amendment 253 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. 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;
Amendment 268 #
2021/2180(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that the exercise of fundamental freedoms, including the right to be critical in public, is an element of a free and democratic society; notes that strategic lawsuits against public participation (SLAPPs) require a legislative European response that ensures the respect for democracy and fundamental rights and, inconsequence, also the rule of law; welcomes the Commission’s commitment to propose a directive against abusive litigation targeting journalists and rights defenders, emphasising that the scope must be comprehensive enough to encompass all those who are rights defenders, including individual activists;
Amendment 357 #
2021/2180(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the Rule of Law Conditionality Regulation where breaches of the principles of the rule of law affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union; considers that the annual report is the most appropriate place to have a dedicated section and conduct a relevant analysis; urges the Commission to launch the procedure enshrined in Article 6(1) of that regulation at least in the cases of Poland and Hungary; calls on the Commission to explore the full potential of the Common Provisions Regulation and the Financial Regulation to protect the rule lawdemocracy, fundamental rights and the rule law, thereby ensuring that EU funds are not used for initiatives which are not in compliance with EU values;
Amendment 361 #
2021/2180(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Is concerned about the Commission’s 2021 Rule of Law report’s findings that, in some countries, the state- sponsored harassment and intimidation of the LGBTIQ organisations affects their ability to access funding; calls on the Commission to assess the issue more closely and to ensure through the necessary means that the non- discrimination principle governing access to EU funds is fully complied with everywhere in the EU; considers that these findings reinforce the long-standing position of the Parliament that the scope of the Rule of Law report should be broadened to include all Article 2 TEU values;
Amendment 365 #
2021/2180(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Is concerned by the persistent failure by some Members States to implement CJEU judgements, which contribute to the erosion of the rule of law; calls on the Commission to report on the respective country chapters about the implementation of judgements by Member States in cases of partial or lack of implementation; encourages the Commission to engage with authorities in order to find suitable solutions for complete implementation and to update the information on an annual basis; recalls that the failure by Romania to implement the Coman & Hamilton judgement1a resulted in the plaintiffs having to resort to the ECtHR for redress; _________________ 1a Judgment of the Court (Grand Chamber) of 5 June 2018 (C-673/16), Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne.
Amendment 1 #
2021/2046(INI)
Draft opinion
Recital A (new)
Recital A (new)
A. whereas mobility is not gender neutral; whereas when gender concerns are not taken into account in the design, planning, implementation and evaluation of transport and mobility solutions, they tend to be gender blind, primarily benefiting men and reproducing society’s existing gender biases, norms and inequalities;
Amendment 2 #
2021/2046(INI)
Draft opinion
Recital B (new)
Recital B (new)
B. whereas according to the International Transport Forum1a gender is one of the most robust determinants of transport choice; whereas research shows that a higher proportion of men travel by car and motorcycle, while women walk and use public transport and bicycles more than men; whereas trip patterns also vary among genders due to the exiting unequal distribution of gender roles, with men’s trips being more likely to be individual and communing to work while women tend to travel shorter distances, stop more frequently and travel while carrying groceries and/or accompanying children or older family members1b; whereas understanding all the uses and patterns of people’s mobility is essential to fulfil everyone’s needs and promote sustainable and equitable mobility solutions for all; whereas promoting sustainable and equitable mobility solutions for all, and diverse transport choices including public transport, would contribute to the green digital transition; __________________ 1aOECD/ITF, Transport Innovation for Sustainable Development: A Gender Perspective, 2011 transport-innovation- sustainable-development-gender.pdf(itf- oecd.org 1bCivitas, Smart choices for cities Gender equality and mobility: mind the gap! civ_pol-an2_m_web.pdf (civitas.eu) and European Institute for Gender Equality
Amendment 3 #
2021/2046(INI)
Draft opinion
Recital C (new)
Recital C (new)
C. whereas the majority of transport- related statistics generally do not differentiate between genders and even in cases where attention is paid to collecting sex-disaggregated data, these often do not provide disaggregated data on time of day of travel or the full-nature of multi- purpose complex journey patterns undertaken by women; whereas more gender statistics are necessary for better design of policies in the transport sector;
Amendment 4 #
2021/2046(INI)
Draft opinion
Recital D (new)
Recital D (new)
D. whereas the transport and planning sectors are heavily dominated by men (only 22 per cent of all employees in the transport sector are female1a); whereas the low representation of women among both decision makers as well as researchers, planners, engineers and designers in the transport sectors, combined with the gender data gap and the unconscious gender biases are some of the reasons why mobility and transport is still designed for and benefits men more than women; __________________ 1aEuropean Commission, https://ec.europa.eu/transport/themes/soci al/women-transport-eu-platform- change_en
Amendment 13 #
2021/2046(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission and the Member States to include gender mainstreaming in transport-related legislation, policy, programmes and action, to support cooperation with stakeholders and the exchange of good practices to increase the number of women in transport professions, and to improve the collection and analysis of sex-disaggregated data on behaviour, travel patterns, needs, and concerns in mobility;
Amendment 18 #
2021/2046(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls the Commission and Member States to regularly make gender impact assessments on transport legislation, policies and plans in view of correcting and eliminating the prevalent unconscious bias towards men in transport and mobility planning and design and to promote better mobility for all women and everybody who does not fit the average male norm;
Amendment 35 #
2021/2046(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the fact that women tend to use new mobility services like car sharing less often, as their daily travel patterns are very different to and more complex than men’s1 ; stresses that smart and sustainable mobility solutions should be designed fairly to improve mobility and accessibility for all, and integrate the concerns, mobility patters and needs for all the users, especially the ones in vulnerable situations as well as those from rural communities; __________________ 1Kawgan-Kagan, I., Popp, M., ‘Sustainability and Gender: a mixed- method analysis of urban women’s mode choice with particular consideration of e- carsharing’, Transportation Research Procedia, Vol 31, 2018, pp. 146-159.
Amendment 41 #
2021/2046(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission, Member States, and local and regional governments to ensure that teams working in mobility and transport policies, planning and design are diverse and inclusive and that women in all their diversity and persons facing multiple and intersecting forms of discrimination are consulted;
Amendment 54 #
2021/2046(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that fear of harassment and assault when walking, cycling and using public transport influences women’s lives every day; Stress the need not to victimize women but to include their safely and security concerns in the design of the solutions as an integral part of the project; Calls for the need to prioritize, provide, invest and maintain basic infrastructure for walking and cyclising and secure public transport where everybody – young and old, women, non-binary, LGTBI persons, people of diverse racial and ethnic origin, religious people, persons with disabilities among others – feel safe;
Amendment 58 #
2021/2046(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses that in order to promote and encourage the use of sustainable and green mobility for all there is a need to prioritise its safety and invest in safe sidewalks, safe segregated cycling infrastructure, reducing speed and access for cars to certain streets or areas, ensuring women's right to a mobility free from harassment or any other form of violence and design new, sustainable and flexible mobility solutions that enables trip chaining and adapts to everyone’s needs and travel patterns;
Amendment 28 #
2021/2035(INL)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the Commission’s Communication "Gender Equality Strategy (2020-2025)", published on 5 March 2020,
Amendment 29 #
2021/2035(INL)
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
– having regard to the Commission’s Communication "Strategy on victim’s rights (2020-2025)", published on 24 June 2020,
Amendment 30 #
2021/2035(INL)
Motion for a resolution
Citation 14 c (new)
Citation 14 c (new)
– having regard to the Commission’s Communication "LGBTIQ Equality Strategy (2020-2025)", published on 12 November 2020,
Amendment 31 #
2021/2035(INL)
Motion for a resolution
Citation 14 d (new)
Citation 14 d (new)
– having regard to the Commission’s Communication: "EU Strategy on the rights of the child (2020-2025)", published on 24 March 2021,
Amendment 84 #
2021/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the European Institute for Gender Equality defines femicide as the killing of women and girls because of their gender; whereas it can take different forms such as the murder of women as a result of intimate partner violence, killing of women and girls because of their gender, sexual orientation, gender identity, gender expression and sex characteristics, as well as female and intersex genital mutilations and so called "honour killings";
Amendment 134 #
2021/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns all forms of violence against women and girls in all their diversity and other forms of gender-based violence, such as violence against LGBTI persons, and deplores the fact that women and girls continue to be exposed to psychological, physical, sexual and economic violence, including sexual exploitation and trafficking in human beings, both online and offline;
Amendment 154 #
2021/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power, patriarchal structures, and gender stereotypes, that have led to domination over and discrimination against women and LGBTI persons by men; underlines that this situation is aggravated by social and economic inequalities;
Amendment 176 #
2021/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the wide range of psychological impacts that gender-based violence has on victims, including and witnesses, including feeling unsafe or vulnerable, stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and of sense of control; recalls that gender- based violence also has a social and economic impact;
Amendment 258 #
2021/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that violations of sexual and reproductive rights are a form of violence against women and girls, as well as transgender and non-binary persons, as reflected in the LGBTIQ Equality Strategy;
Amendment 264 #
2021/2035(INL)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses that consent cannot be bought, therefore considers all forms of sex purchase to be sexual exploitation; stresses that sexual exploitation and prostitution are forms of violence against women and girls and all persons in prostitution, and stresses the need for an end-demand approach to tackling this, including introducing the Equality Model, which criminalises both the buyers and pimps in the sex industry; stresses that sexual exploitation and prostitution are forms of violence that particularly impact women and girls with a lower economic status, including women and girls with a migrant or asylum-seeking background, or otherwise particularly vulnerable groups;
Amendment 288 #
2021/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to take all necessary measures to promote the protection of women and girls in all their diversity and all survivors of gender-based violence against all forms of violence, including by paying greater attention to the needs of survivors who experience intersectional forms of discrimination and violence;
Amendment 299 #
2021/2035(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the obligation on Member States to ensure that there is support and services for survivors of gender-based violence; recalls the importance, in that context, of support to independent civil society and women’s and specialised shelter organisations;
Amendment 304 #
2021/2035(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to step up their work in order to ensure that victims have access to justice, including restorative justice, and to guarantee that the rights of the victim are placed at the centre in order to avoid discrimination, traumatisation or revictimisation during judicial, medical and police proceedings; underlines with concern that most Member States still have issues with complete/correct transposition and/or practical application of the Victim’s Rights Directive, as reflected in the Commission’s Strategy on victim’s rights, and calls on their due diligence for its complete and correct transposition;
Amendment 328 #
2021/2035(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that gender-based violence is a serious crime and a widespread violation of fundamental rights in the Union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a patriarchal society that has a cross-border dimension; points, in particular, at the growing anti- gender and anti-women movements, which are well organised and have a cross-border nature, and which therefore call for a coordinated EU response;
Amendment 348 #
2021/2035(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls in all their diversity and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions;
Amendment 367 #
2021/2035(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to propose a directive on gender-based violence that implements the standards of the Istanbul Convention and includes the following elements: prevention, including through gender-sensitive education programming directed at both girls and boys in all their diversity, and empowerment of women and girls in all their diversity; support services and protection measures for survivors; combating all forms of gender-based violence, including violations of women’s, transgender's and non-binary persons' sexual and reproductive health and rights; and minimum standards for law enforcement;
Amendment 131 #
2021/2025(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Is alarmed by the legislative measures adopted in some Members States under the pretext of COVID-19 measures; reaffirms its position that such measures need to respect EU fundamental rights and the rule of law and considers that equal treatment of persons is crucial1a; _________________ 1a Texts adopted, P9_TA(2020)0307.
Amendment 134 #
2021/2025(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Expresses concern at the use of legal measures by governments and powerful individuals to silence critics, such as the use of strategic lawsuits against public participation (SLAPPs), or the use of laws curtailing the right to freedom of expression in a manner incompatible with international human rights law, for example against LGBTI and women’s activists;calls on the Commission to accelerate the setting up of the expert group on SLAPPs as foreseen in the European Democracy Action Plan, to begin its work as soon as feasible and to ensure any upcoming legislative proposal addresses these issues;
Amendment 183 #
2021/2025(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses in particular the deterioration of the independence of some Member States’ equality bodies since the publication of the reports, which constitutes an immediate threat to the fundamental rights of citizens;
Amendment 51 #
2020/2255(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that, in order to face demograpenhance the Union’s global attractiveness and competitiveness, address inequalities and vulnerabilities migrant workers face, ensure decent working and living conditions for all, and allow migrant workers to play an active role in the workforce, which challenges, the Union needs third-country workers of all skill levels to increase its economic competitiveness andan offset a shrinking workforce, and fill labour market and skill shortages, the Union needs a holistic European Migration Code; to achieve this, the Union should harmonise and approximate and improve access to social rights for migrant workers, as well as create new avenues for third-country workers of all skill levels; without this the EU cannot maintain its global influence as the champion of democracy, inclusion, human rights, free trade in goods and services and the rule of law, and as the leader in the fight against climate change;
Amendment 70 #
2020/2255(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Requests that the Commission submit, latest by 31 January 2022, on the basis of Article 79(2), in particular points (a) and (b), of the Treaty on the Functioning of the European Union, a proposal for an act that would serve as a package of proposals to facilitate and promote entry into and mobility within the Union for legally migrating third-country nationals, henceforth referred to as TCNs, for the purpose of work or applying for work, and to reduce bureaucracy and promote equal treatment, fundamental and social rights, following the recommendations set out in the Annex hereto;
Amendment 77 #
2020/2255(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the creation of a Union-wide talent pool for third-country nationals who wish to apply for work with a view to migrating lregalularly to a Member State, as well as for employers to search for potential employees in third countries, would be an essential tool for achieving the purpose of the proposed act and calls on the Commission to include the creation of such a talent pool in its proposal, and create a frame work for the validation and recognition of both hard and soft skills and qualifications, based on objective and uniform criteria;
Amendment 83 #
2020/2255(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls for the creation of a framework for the validation and recognition of qualifications and skills, including the formal and non-formal acquisition of skills in third countries, based on objective and uniform criteria; believes there is a need for national authorities to share best practices and build on national level common standards, systems and infrastructures for the recognition of qualifications and skills; believes that local authorities should be given more flexibility to recognise qualifications and assess and validate skills to facilitate an early integration of TCNs into the labour market;
Amendment 88 #
2020/2255(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the Commission’s statement in its communication of 23 September 2020 on a New Pact on Migration and Asylum regarding the enhancement of short-term mobility as a complement to legal pathways, especially for the purposes of research or study in order to improve upstream cooperation with third countries, for example to stem irregular migratory flows, and asks the Commission to explore this direction further;
Amendment 101 #
2020/2255(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes Directive (EU) 2021/...15 , but considers it insufficient due to the fact that the labour markets of the Union are also in need of low- and medium-skilled workerswage sectors; notes that the Union is already highly dependent on them in essential sectors such as agriculture and healthcare; calls, therefore, on the Commission to make it a priority to include in its proposal an admission scheme for low- and medium- skilled third-countrymbitious legislative framework for low- and medium-wage TCN workers, including the creation of a framework for the validation and recognition of their skills and qualifications, based on objective and uniform criteria; consultation with social partners and civil society. _________________ 15 EUT number of 2016/0176 COD to be inserted.
Amendment 104 #
2020/2255(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Union is in need of more self-employed people, and entrepreneurs in order to remain competitive and enhance innovation, as well as younger TCNs with no formal qualifications, through for example, youth mobility schemes, job-seeker and training visa; calls on the Commission to include in its proposal an admissionEU-wide scheme for entry and residence of self- employed people and entrepreneurs, in particular those who establish small and medium- sized enterprises and start-ups, based on objective and uniform criteria;; recommends the schemes proposed include measures that enhance rights and safeguards for TCN workers, including to promote fundamental, social and employment rights for all, including the right to family reunification and intra-EU mobility;
Amendment 114 #
2020/2255(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests the Commission to include in its proposal a framework for talent partnerships between Member States and third countriewith third countries that Member States could opt into on a voluntary basis, tailored to the situation of the third country in question and designed to prevent brain drain, which should include vocational training programmes based on hard and soft skills, in particular aptitude tests, workplace observation and simulations, and that Member States could opt into on a voluntary basi, intercultural skills and simulations; calls on the Commission to ensure that the framework allows for Parliament to be able to fully exercise its scrutiny and evaluation role and that the proposal includes mechanisms to ensure equal treatment, prevent abuse and protect employees’ rights, including simplified procedures to facilitate claims against employers;
Amendment 122 #
2020/2255(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the objective of Directive 2011/98/EU to simplify and harmonise the rules concerning permits currently applicable in the Member States and promote equal treatment has not been fully achieved with some of the provisions being implemented in different ways across Union; requests the Commission to take the necessary steps to ensure that the Member States implement that Directive fully; further considerwelcomes the European Commission’s planned review of the Directive, which presents an opportunity to increase labour market coherence and increase rights for a broader category of TCNs; recommends that thate Directive should be amended to allowrequire that applications for a single permit tomay be lodged both from within both a Member State and from a third country, and, in order to further simplify and harmonise the rules, to clearly regulate the procedure for obtaining an entry visa so as to avoid applicants having to submit the documents needed to obtain a single permit twice, and calls on the Commission to include such amendments in its proposalmore than once, and to reduce the dependency of workers and risks of exploitation, and calls on the Commission to include such amendments in its proposal; suggests that to reach a broader category of TCN workers, the scope and the application of the Directive should be expanded, to include seasonal workers and self-employed;
Amendment 132 #
2020/2255(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Requests that the Commission includes in its proposal the establishment of a transnational advisory service network, to be managed by the Commission, for legally migrating third- country workers, with each Member State designating a lead authority to process applications and to coordinate the advice and information provided to third-country nationals applying for work in the Union; insists that the lead authorities should be responsible for the sharing of information among Member States on third-countryTCN workers and should act as contact points for the talent poolworkers and employers with regard to the talent pool, including in third countries in which not all Member States have presence; asks that the lead authorities be responsible also for close coordination with one another with regard to applications lodged for a single permit to reside and work in accordance with Directive 2011/98/EU in order to avoid double submissions and to encourage and support employers to consider the possibility of applying for this permit;
Amendment 138 #
2020/2255(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to include in its proposal an amendment to Directive 2014/36/EU to allow holders of work permits under that Directive a period of threesix months to seek new employment after having left their previous employer without having their work permit revokedand guarantee their right to stay within the EU during that time; in order to avoid labour exploitation, the EU Commission should encourage Member States to fully apply the provision on changing employers, thereby delinking residence permits from single employers and jobs; furthermore, the Directive should amend the length of stay for a period longer than 9 months;
Amendment 145 #
2020/2255(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Requests the Commission to include in its proposal an amendment to Directive 2009/52/EC to adapt its sprovisions obliging Member States to ensure that victims of labour exploitation have access to existing schemes of state compe to include exploited legally residing third- country nationals working in the Unionnsation, to improve the enforcement of equal treatment and employment rights, including accessible and effective complaints mechanisms and legal procedures for all workers; calls on the Commission to improve the regulation of private agencies involved in international recruitment;
Amendment 152 #
2020/2255(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is of the view that Directive 2003/109/EC should be amended to allow third-country nationalTCNs who are long-term residents of a Member State to reside permanently within another Member State from the day their permit is issued on terms similarequivalent to the terms applicable to Union citizens and to reduce the number of years of residence required to acquire Union long- term residence status from five to three years; calls on the Commission to include those amendments in its proposal; the Directive should facilitate intra- and extra-EU mobility by introducing more flexible rules for onward mobility similar to the Blue Card Directive, allowing for the TCN to accumulate years of stay throughout the EU towards the long-term residency; notes that the Directive should extend the period of absence to allow TCNs to travel to their home countries and provide them the right to re-entry; suggests simplifying procedures for residence permit holders by removing provisions on labour market tests and on other restrictive measures that hamper access to the labour market; calls on the Commission to include those amendments in its proposal and to take steps to ensure compliance with the terms of the Directive;
Amendment 157 #
2020/2255(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Commission to review the implementation of Directive 2003/86/EC on the right to family reunification and to take any steps needed to further facilitate its implementation and decrease the financial and practical barriers to family reunification for TCN migrant workers;
Amendment 159 #
2020/2255(INL)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Requests that the Commission includes in its proposal measures to ensure visa facilitation including through long-term multiple-entry visas, introduce in existing and future directives a system to facilitate the right to re-entry, and extend the period of absence for TCNs to allow for mobility in their home countries, making visa more easily available and preventing sanctions related to readmission or return that will adversely affect individual visa applicants;
Amendment 173 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 1 – indent 1
Annex I – Recommendation 1 – indent 1
- The European Parliament considers that the legislative act to be adopted should establish a Union-wide talent pool for third-country nationals who wish to apply for work in and migrate legally to a Member State, as well as for Union-based employers to search in third countries for potential employees, and should facilitate the admission and free movement of third- country workers. The European Parliament considers that such a Union-wide talent pool should establishxplore synergies with the existing framework and the legislative act should therefore amend Regulation (EU) 2016/589 in order to expand the current scope of the EURES Portal, established by that Regulationunder Regulation (EU) 2016/589 and the EURES Portal;
Amendment 179 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 1 – indent 2
Annex I – Recommendation 1 – indent 2
- The talent pool, as established by the legislative act, would allow third- country nationalTCNs to express their interest in and apply for work, while also enabling employers to search for potential employees. Third-country nationals would be able to apply for work where there is a shortage in the Member States’ domestic labour markets, after having gone through an transparent and non-discriminatory application and pre- screening process. The talent pool would serve as an optional tool that Member States could use to meet the demands of and shortages in the Member States’ labour markets that cannot be met by the domestic workforce. The talent pool should be complemented by increased coordination between participating national authorities, and it should take into account national specificities and the different demands of national labour markets. In that spirit, the Union-wide transnational advisory service network, as referred to in Recommendation 5, 6,should facilitate the running of the talent pool and serve as a contact point for the talent pool in the Member State. as well as in third countries, including in particular those in which not all Member States have a presence
Amendment 182 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 2 – title
Annex I – Recommendation 2 – title
Recommendation 2 (on an admittance scheme for low and medium-skillwaged third- country workers)
Amendment 185 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 2 – indent 1
Annex I – Recommendation 2 – indent 1
- It is a pressing need for the Union to improve its attractiveness for all skilled third-country workernd allow for the admission of third-country workers across all skill levels, not only for highly- skilled workers. With the revision of the Directive (EU) [EU BLUE CARD], the Union has taken further steps to achieve that goal for highly-skilled third-countryTCN workers. However, it is imperative to also achieve that goal for low- and medium- skilled third-countrywage TCN workers, in order to be consistent in practising EU values, fill vacancies and improve matching on the Member States’ labour markets, further enhancing the Union’s economic competitiveness.
Amendment 190 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 2 – indent 2
Annex I – Recommendation 2 – indent 2
- To properly address that issue, the European Parliament calls on the Commission to, within the legislative act to be adopted, include provisions setting up an admission scheme with conditions of entry and residence for low- and medium- skilledwage third-country workers. The scheme should ensure equal treatment in line with the existing EU acquis on labour migration, and include the creation of a framework within which third-country workers are able to have their skills andhard and soft skills and formal and non-formal qualifications properly recognised and validated for use on the Member States’ labour markets. In order to prevent any abuse of TCN migrant workers and to ensure their equal treatment when working or applying for work in the EU, the proposal should include the setting up of monitoring mechanisms and labour market inspections, equivalent to those established in Directive2009/52/EC with a specific focus on preventing the abuse of migrant workers.
Amendment 195 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 3 – indent 1
Annex I – Recommendation 3 – indent 1
Amendment 199 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 3 – indent 2
Annex I – Recommendation 3 – indent 2
- To that end, the European Parliament considers that the legislative act to be adopted should include an admission scheme with conditions of entry and residence for self-employed people and entrepreneurs, in particular for third- country nationalTCNs who establish small and medium-sized enterprises and start-ups, which ensures robust rights and safeguards to promote social and employment standards for all workers. The definitions of ‘self-employed person’ and ‘entrepreneur’ should be based on objective and uniform criteria set by the Commission.
Amendment 204 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 4 – indent 1
Annex I – Recommendation 4 – indent 1
- The European Parliament calls on the Commission to prepare a tailor-made framework for talent partnerships in which Member States can voluntarily participate and to include this in the legislative act to be adopted. Those partnerships would be open to third-country workers of all skill- levels, as well as students and graduates, and would serve as an efficient tool for Member States to match the skills of workers in third countries with the demands of the Member States’ labour markets which the domestic workforce cannot meet. The aim of those partnerships is to add another legal channel as a mobility-option for third-country nationalTCNs who wish to migrate to the Union for work and to tackle the issues of labour market shortages and mismatches across the Union, creating a ‘quadruple win’ for the EU, third countries, employers and migrant workers. The practical implementation of the partnerships would rely on close cooperation with national authorities, labour market institutions and, civil society actors and social partners. The Commission should ensure that the European Parliament is able to, on a regular basis, scrutinise and evaluate the functioning of the partnerships, as well as propose recommendations to improve the overall functioning of the framework.
Amendment 205 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 4 – indent 1 a (new)
Annex I – Recommendation 4 – indent 1 a (new)
- While enabling a flexible approach, the framework should set out standards for talent partnerships. In particular these should ensure transparency regarding the process and which stakeholders are involved; involvement of social partners in development and monitoring; coverage of recruitment fees and travel costs by employers; and access to information for workers, including on labour and trade union rights and complaints and redress mechanisms.
Amendment 207 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 4 – indent 2
Annex I – Recommendation 4 – indent 2
- A reinforced and more comprehensive approach would offer cooperation with partner countries and help boost mutually beneficial international mobility in a way that prevents brain drain or other adverse effects, for example by promoting training and creating a re- entry system. Importantly, third countries must have a strong sense of ownership and be able to co-create partnerships from the outset. Those talent partnerships should be inclusive and build strong cooperation between the institutions concerned, for example national ministries of labour and education, employers, social partners and education and training providers. However, it is important that Member States strongly engage with those talent partnerships, that the private sector, in particular Europe an businesses, and the social partners be involved, and that partner countries have ad in partner countries, the social partners and relevant civil society actors be involved, and that partner countries always retain a significant and meaningful sense of ownership.
Amendment 208 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 4 – indent 2 a (new)
Annex I – Recommendation 4 – indent 2 a (new)
- Either as part of the Talent Partnerships or separately, the Commission could consider developing European Youth Mobility Programme, to maximise opportunities for young persons to live, work and study in the EU. Such programmes could significantly benefit relations with third countries and building such programmes, the EU can draw experiences from similar schemes in Australia and Canada.
Amendment 212 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 5 – title
Annex I – Recommendation 5 – title
Recommendation 5 (on the simplification and improvement of Directive 2011/98/EU)
Amendment 215 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 5 – indent 1
Annex I – Recommendation 5 – indent 1
- The European Parliament is of the view that procedures with respect to Directive 2011/98/EU should be further harmonised for that Directive to be fully efficient, therefore considers that the legislative act to be adopted should amend that Directive in order to allowrequire that applications for a single permit tomay be lodged both from within the territory of a Member State and from a third country, while engaging both the Member States and the third countries in a system that shares information on, and coordinates with respect to, the applications lodged. The European Parliament moreover calls for, inter alia, the clear regulation and streamlining of the procedure for applying for an entry visa in order to avoid applicants having to submit the documents needed to obtaining a single permit twice, and alsomore than once: requests the Commission to analyse and reduce the administrative requirements and inefficiencies in permit procedures which prevent pathways from responding to real labour market needs and in particular to propose changes that would allevieliminate the difficulties facing third- country national holding work permits when changing employment, thus making the permit holder too rough work and residence permits that are independent onfrom the employer.
Amendment 217 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 5 – indent 1 a (new)
Annex I – Recommendation 5 – indent 1 a (new)
- Requests the Commission to propose changes that would address lack of implementation of equal treatment provisions in the Directive and persistent labour exploitation, in particular to alleviate the difficulties facing third- country national holding single permits when changing or losing employment, thus making the permit holder too dependent on the employer, and to ensure effective workplace monitoring and complaints mechanisms to protect all migrant workers’ labour rights, which should in particular guarantee effective access to justice and redress and protect workers from retaliation
Amendment 221 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 6 – title
Annex I – Recommendation 6 – title
Recommendation 6 (on the establishment of a Union-wide transnational advisory service network for legally migrating workers)
Amendment 223 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 6 – indent 1
Annex I – Recommendation 6 – indent 1
- The European Parliament is of the view that systematic cooperation between and engagement with the authorities of Member States and of third countries is required to enhance legal pathways for migration. To achieve that goal, the European Parliament considers that the legislative act to be adopted should establish a transnational advisory service network, managed by the Commission, for third-country workers, with each Member State designating a lead authority to coordinate the advice and information provided to legally migrating third-country nationals applying for work in the Union. Diaspora communities and migrant workers residing in the EU should be actively involved in the design and implementation of the network. The authorities in each Member State should also be responsible for closely coordinating with one another with regard to applications lodged for a single permit to reside and work in the Union in accordance with Directive 2011/98/EU in order to avoid double submissions. That network should also take into account national specificities and different demands of national labour markets. This transnational advisory service network should facilitate the running of the talent pool, as outlined in Recommendation 1.
Amendment 227 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 6 – indent 2
Annex I – Recommendation 6 – indent 2
- In addition, each Member State should be responsible for requesting from employersuse information on third-country workers, in full respect of Union data protection law, in order to enable third- country nationalTCNs to be connected with the relevant authorities and support services, in order to facilitate the protection and strengthening of the equal rights and treatment of third-country workers. This transnational advisory service network should facilitate the running of the talent pool, as outlined in Recommendation 1. ; and should ensure that employers provide accurate and timely information about their rights, relevant authorities and available services to third country nationals
Amendment 231 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 7 – indent 1
Annex I – Recommendation 7 – indent 1
- Promoting professional mobility for legallyTCNs residing third-country nationalsand working in a Member State also means protecting them from exploitation. Numerous third-country nationals, in particular low-skilled third-country nationalTCNs, hesitate to leave an exploitative employer because it would mean that they would lose their work permit and right to stay in the Union. This is currently evident in the disparaging situation of many care workers across Europe and those in the catering, hotel, and entertainment sectors. Holders of a work permit issued under the Directive 2014/36/EU are, in particular, prone to exploitation, seeing how they often tend to work within sectors mainly employing low-skilled workers.
Amendment 234 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 7 – indent 2
Annex I – Recommendation 7 – indent 2
- Therefore, the European Parliament considers that the legislative act to be adopted should amend Directive 2014/36/EU to allow holders of work permits under that Directive a period of threesix months to seek new employment after having left their previous employer without having their permit revoked. The European Parliament recommends that the Commission, at the same time, consider other appropriate amendments to that Directive in order to bring it up to date and in line with other more recent Union legal acts dealing with legal migration, including delinking residence permit from a single employer or a job and allowing application within the territory of the Member State.
Amendment 238 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 8 – title
Annex I – Recommendation 8 – title
Recommendation 8 (on amending the Directive 2009/52/EC to include legally residing third-country nprovisions to increase coherence and address labour exploitationals)
Amendment 240 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 8 – indent 1
Annex I – Recommendation 8 – indent 1
- Directive 2009/52/EC contains several tools that can be used to supporWhile the Single Permit Dirregularly staying third-country nationals working within the Union. The fact that it only covers irregularly staying third- country workers is, however, a substantial flaw. While regularly stayingective establishes a common set of rights for third- country workers enjoy a higher level of protection, mainly by virtue of their legal right to stay within the Union, as well as through other means, they too can be exploited and remain more vulnerable than Union citizens. Consequently, the European Parliament sees a need to amend Directive 2009/52/EC to make it applicable to all third-country nationals working in the Unionand the right to equal treatment, it does not include any provisions to reinforce enforcement of these rights.
Amendment 242 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 8 – indent 1 a (new)
Annex I – Recommendation 8 – indent 1 a (new)
- Available , accessible and effective complaints mechanisms are required by EU law, for irregular workers by the Directive 2009/52/EC and for seasonal workers by 2014/36/EU, and would support implementation of, inter alia, Directive2012/29/EU and Directive 2011/36/EU. Permits of limited duration are provided under Directive 2009/52/EC and Directive 2004/81/EC and should be further expanded as a good practice to address dependency and exploitation. Consequently, the European Parliament sees the need for a horizontal provision strengthening the effective access to labour rights enforcement and remedy through complaints mechanisms and legal procedures for all workers and access to permits for vulnerable workers, either through revision of Directive 2011/98/EU or otherwise in the Commission’s proposal.
Amendment 243 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 8 – indent 1 b (new)
Annex I – Recommendation 8 – indent 1 b (new)
- EU law covers equal treatment of temporary employment agency workers but does not fully address the situation of migrant workers nor international private recruitment agencies. Migrant workers employed through agencies can face complex employment structures with lack of accountability, unauthorised recruitment fees, abusive working conditions and wages, risks of debt bondage, and retention of documents, among other abuses. The European Parliament considers important to develop the EU level legislative framework regulating employment agencies, building on good practices on national level, and the extensive work of international organisations in this area.
Amendment 246 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 9 – indent 2
Annex I – Recommendation 9 – indent 2
- Therefore, the European Parliament considers that the legislative act to be adopted should amend Directive 2003/109/EC to allow third-country nationals who are long-term residents of a Member State to reside permanently within another Member State from the day their permit is issued on terms similar to the terms applicable to Union citizens. The European Parliament recommends that the Commission, at the same time, consider other appropriate amendments to that Directive to bring it up to date and in line with other more recent Union legal acts dealing with third-country nationals legally staying in the Union. The European Parliament requests the Commission to, as a minimum, include in its proposal reducing the number of years required for acquiring a Union long-term residence permit from five to three years, particularly to enhance mobility and simplify and harmonise procedures. With this in mind, the Directive should facilitate intra- and extra-EU mobility by reducing the time required to obtain long- term residence status, by introducing more flexible rules for onward mobility and by extending the period of absence to allow TCNs to travel to their home countries and provide them with the right to re-entry. The European Parliament suggests that the Directive is amended in order to simplify procedures for residence permit holders by removing provision on labour market tests and other restrictive measures that hamper access to the labour market, including for family members. The Directive should allow for TCN to accumulate years of stay throughout the EU towards their long- term residency. The European Parliament requests the Commission to, as a minimum, include in its proposal reducing the number of years required for acquiring a Union long-term residence permit from five to three years.
Amendment 41 #
2020/2215(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 18 October 2017 on promoting the human rights of and eliminating discrimination against intersex people,
Amendment 43 #
2020/2215(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
- having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 22 April 2015 on discrimination against transgender people in Europe,
Amendment 55 #
2020/2215(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to its resolution of 14 February 2019 on the rights of intersex people;1a _________________ 1a Texts adopted, P8_TA(2019)0128
Amendment 116 #
2020/2215(INI)
Motion for a resolution
Recital B
Recital B
B. whereas sexual and reproductive health and rights (SRHR) are based on the rights of all individuals to have their bodily integrity and personal autonomy respected; definhave their sexual orientation and gender identity fully respected; decide whether, with whom and when to be sexually active; decide whether, when and who to marry and when, whether and by what means to have a child or children; have access to the information and support necessary to achieve all of the above9 ; _________________ 9 Guttmacher-Lancet Commission, Executive Summary on sexual and reproductive health and rights, The Lancet, London, 2018, https://www.guttmacher.org/guttmacher- lancet-commission/accelerate-progress- executive-summary
Amendment 151 #
2020/2215(INI)
Motion for a resolution
Recital F
Recital F
F. whereas SRHR challenges and obstacles include: a lack of access, denial of medical care based on personal beliefs, gender-based violence, gynaecological and obstetric violence, a lack of comprehensive sexuality education, denial of access to information/education, a lack of available contraception methods, limited access to medically assisted reproduction treatments, forced sterilisation, including in the context of legal gender recognition, high rates of STIs and HIV, disparities in maternal mortality, high adolescent pregnancy rates, harmful gender stereotypes and practices such as female and intersex genital mutilation, early, forced and child marriages and honour killings; , honour killings and so-called “conversion therapy” practices, which can take the form of sexual violence such as “corrective rape” on lesbian and bisexual women and girls, as well as transgender persons; whereas the enjoyment of SRHR for LGBTI persons may be severely hindered due to the omission in sexual education curricula of the diversity of sexual orientation, gender identity, expression and sex characteristics;
Amendment 161 #
2020/2215(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 164 #
2020/2215(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas in certain circumstances transgender men and non-binary persons may also undergo pregnancy and should, in such cases, benefit from measures for pregnancy and birth-related care without discrimination on the basis of their gender identity;
Amendment 210 #
2020/2215(INI)
Motion for a resolution
Recital L
Recital L
L. whereas no woman should die in childbirth and evidence-based maternity, pregnancy and birth-related care is a human right;
Amendment 290 #
2020/2215(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls the views endorsed by the Committee of Ministers of the Council of Europe, which recommended trans- specific healthcare such as hormonal treatment and surgery to be accessible and reimbursed by public health insurance schemes;1a _________________ 1aCDDH Report on the implementation of Recommendation CM/Rec(2010)5 of the Committee of Ministers to Member States on measures to combat discrimination on grounds of sexual orientation or gender identity, ¶130, accessible at https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectId=09000016809f9ba0
Amendment 315 #
2020/2215(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that all medical interventions related to SRHR must be undertaken with prior, personal and fully informed consent;
Amendment 319 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reaffirms its call on Member States to adopt legislation ensuring that intersex persons are not subjected to non- vital medical or surgical treatment during infancy or childhood, and that their right to bodily integrity, autonomy, self- determination and informed consent is fully respected;
Amendment 322 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
Amendment 341 #
2020/2215(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls that the imparting of information should reflect the diversity of sexual orientations, gender identities, expressions and sex characteristics, so as to counter misinformation based on stereotypes or biases; calls on Member States to develop age-appropriate sexual education curricula inclusive of the former;
Amendment 407 #
2020/2215(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines that all the rights afforded to women by law regarding abortion care must apply to all persons undergoing pregnancy, including transgender and non-binary persons, without discrimination on grounds of their gender identity or gender expression and in line with international human rights practices;
Amendment 410 #
2020/2215(INI)
Motion for a resolution
Subheading d
Subheading d
Maternity, pregnancy and birth-related care for all
Amendment 414 #
2020/2215(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls upon the Member States to adopt measures to ensure that all women and pregnant persons have access to affordable, evidence-based maternity, pregnancy and birth-related care;
Amendment 431 #
2020/2215(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls upon the Member States to ensure that maternity, pregnancy and birth-related care must be equally accessible to all persons undergoing pregnancy without discrimination of any kind, notably on grounds of sexual orientation or gender identity;
Amendment 484 #
2020/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls upon the Commissioner for Equality to promote and protect SRHR and to include them in the next EU gender equality simplementation of the EU gender equality strategy and the EU LGBTIQ Equality Strategy;
Amendment 500 #
2020/2215(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls upon the Commission to strengthen its actions to counter the backlash against women’s rights and SRHR;
Amendment 1 #
2020/2208(INI)
Draft opinion
Citation 1
Citation 1
Amendment 5 #
2020/2208(INI)
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
- having regard to Articles 2 and 3(1) of the Treaty on European Union (TEU), and Articles 8 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 6 #
2020/2208(INI)
Draft opinion
Citation 1 b (new)
Citation 1 b (new)
- having regard to Article 22, 23, 24 and 26 of the Charter of Fundamental Rights of the European Union;
Amendment 8 #
2020/2208(INI)
Draft opinion
Citation 1 c (new)
Citation 1 c (new)
- having regard to the European Pillar of Social Rights and, in particular, its principles 2, 3, 11 and 17;
Amendment 11 #
2020/2208(INI)
Draft opinion
Citation 1 d (new)
Citation 1 d (new)
- having regard to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) of 18December 1979;
Amendment 12 #
2020/2208(INI)
Draft opinion
Citation 1 e (new)
Citation 1 e (new)
- having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995;
Amendment 14 #
2020/2208(INI)
Draft opinion
Citation 1 f (new)
Citation 1 f (new)
- having regard the United Nations Convention on the Rights of the Child of 20 November 1989;
Amendment 16 #
2020/2208(INI)
Draft opinion
Citation 1 g (new)
Citation 1 g (new)
- having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’);
Amendment 19 #
2020/2208(INI)
Draft opinion
Citation 2
Citation 2
— having regard to the Annual Report on Human Rights and Democracy in the World 20158,
Amendment 32 #
2020/2208(INI)
Draft opinion
Recital A
Recital A
A. whereas the right to lifethe integrity of the person is paramount under Article 23 of the CFRharter of Fundamental Rights of the European Union;
Amendment 35 #
2020/2208(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas gender equality is a core value of the EU; whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the Treaties and in the Charter of Fundamental Rights, and should be fully respected; whereas gender mainstreaming should therefore be implemented and integrated as a horizontal principle in all EU activities and policies;
Amendment 37 #
2020/2208(INI)
Draft opinion
Recital B
Recital B
B. whereas Member States must adhere to all rule of law standards for justice, truth and democracy to flourish in all societithe EU continued to provide support to non-EU countries, civil society, social actors for the implementation of democracy, Rules of Law and Human Rights principles;
Amendment 43 #
2020/2208(INI)
Draft opinion
Recital C
Recital C
Amendment 46 #
2020/2208(INI)
C a. whereas the COVID-19 crisis and its consequences have affected women and men differently all over the world and the pandemic has exacerbated existing structural inequalities, especially those of a gendered nature; whereas they disproportionately affected the lives of marginalised groups including women, people of colour, LGBTI people, people with disabilities, older people and others, preventing access to essential services including SRHR services and gender based violence support;
Amendment 48 #
2020/2208(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
C b. whereas, as defined by the Istanbul Convention, ‘violence against women’ is ‘understood as a violation of human rights and a form of discrimination against women and shall mean all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life’;
Amendment 49 #
2020/2208(INI)
Draft opinion
Recital C c (new)
Recital C c (new)
C c. whereas gender-based violence undermines human rights, social stability and security, public health, women’s educational and employment opportunities, as well as the well-being and development prospects of children and communities;
Amendment 50 #
2020/2208(INI)
Draft opinion
Recital C d (new)
Recital C d (new)
C d. whereas there has been a backlash against women’s and LGBTIQ+ rights, inside and outside the European Union;
Amendment 51 #
2020/2208(INI)
Draft opinion
Recital C e (new)
Recital C e (new)
C e. whereas protecting girls and women from violence and discrimination, in particular with regard to education, information and health services, including sexual and reproductive health and rights, is especially important for ensuring the full enjoyment of their human rights; whereas violations of SRHR, such as forced sterilization, forced abortion, forced pregnancy,criminalization of abortion, denial or delay of safe abortion and/or post-abortion care, forced continuation of pregnancy, and abuse and mistreatment of women and girls seeking sexual and reproductive health information, goods and services, are forms of gender-based violence that, depending on the circumstances, may amount to torture or cruel, inhuman or degrading treatment;
Amendment 52 #
2020/2208(INI)
Draft opinion
Recital C f (new)
Recital C f (new)
C f. whereas climate change is undermining the enjoyment of human rights and deepening already existing gender disparities that result from numerous socio-economic, institutional, cultural and political determinants; whereas women and girls are more affected by climate change due to their unequal access to resources, education, political power, job opportunities, land rights than man and due to the existing social and cultural norms such as their role as primary caregivers and providers of water, food and fuel;
Amendment 53 #
2020/2208(INI)
Draft opinion
Recital C g (new)
Recital C g (new)
C g. whereas the lack of women in AI development increases the risk of bias and scientific education is important for obtaining skills, decent work, and jobs of the future, as well as for breaking with gender stereotypes that regard these as stereotypically masculine fields in order to achieve a full enjoyment of their human rights;
Amendment 54 #
2020/2208(INI)
Amendment 60 #
2020/2208(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that feminicide, where born and unborn baby girls are discarded, robs the world of their contribution, and creates imbalances between the sexes, which can lead to violence against women, rape and forced prostit robs women of their lives and robs the world of their contribution;
Amendment 62 #
2020/2208(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 63 #
2020/2208(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Condemns all violence against LGBTI and gender non conforming people; calls for implementation of the EU guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex persons; stresses the harm caused by adherence to binary norms; calls for the EU to challenge binary approaches to the issue of gender both internally and externally; calls for support and protection of LGBTI rights defenders and civil society organisations whose work is of paramount importance;
Amendment 66 #
2020/2208(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Calls on the Council to urgently conclude the EU ratification of the Istanbul Convention and to advocate its ratification by all the Member States; calls on the Council and the Commission to ensure the full integration of the Convention into the EU legislative and policy framework; Condemns the attempts in some States to revoke measures already taken in implementing the Istanbul Convention and in combating violence against women;
Amendment 71 #
2020/2208(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on global actors and Member States to end the plight of women and girls throughout the world subjected to human trafficking and sexual abuseexploitation; supports efforts to rescue and rehabilitate victims, and to prosecute and reform offenders;
Amendment 76 #
2020/2208(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Strongly affirms that the denial of quality and affordable comprehensive sexual and reproductive health and rights services including comprehensive sexuality education is a form of gender based violence; stresses the need to support civil society organisations engaged in the promotion of reproductive justice especially within marginalised communities whose work continues to be threatened by the shrinking space for civil society; urges the Commission and the Council to reject any further attempts at rolling back gains for women’s human rights, equality, right to self- determination and full control over their own bodies; calls on the Commission and Member States to renew its support for sexual and reproductive health and rights, including access to safe and legal abortion, age appropriate, evidence-based comprehensive sexuality education, comprehensive family planning care including contraception and unbiased information, antenatal, childbirth and post natal care both within and beyond the European Union;
Amendment 78 #
2020/2208(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Highlights the vulnerable position of women and girls in many parts of the world in relation to COVID-19, such as access to healthcare, including SRHR, accession to contraception, abortion care, fertility treatment, HIV and STI testing, reproductive cancer screenings, sexuality and relationship education and maternal healthcare, vulnerability to violence, including FGM and child marriage, employment status, access to education and extreme poverty and hunger;
Amendment 87 #
2020/2208(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need to respect women and girls’ reproductive capacity, and hence to condemn surrogacbodily integrity;
Amendment 89 #
2020/2208(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to address the phenomenon of young women in particular from Christian minorities being forced to marry older men from outside their religion in certain parts of the world.being forced to marry. Calls on global actors to ensure children have continued access to education, with due attention to vulnerable children or at risk/in poverty, girls who face a greater risk of early and forced marriage;
Amendment 90 #
2020/2208(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to address the phenomenon of young women in particular from Christian minorities being forced to marry older men from outside their religion in certain parts of the world.being subjected to forced marriage;
Amendment 92 #
2020/2208(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Urges Member States to find a binding tool based on solidarity to manage the migration phenomenon and to create safe and legal migration channels and issuance of humanitarian visas; points out that the situation for refugees is worst for more vulnerable persons like women, who are exposed to violations of their basic rights being often victims of human trafficking and sexual exploitation and who, during the sea crossing, are more likely victims of the so- called “dinghy-disease” that provokes serious burns on their bodies because of the fuel that lays on the bottom of dinghy boats where women and children usually sit; Calls to systematically integrate a gender mainstreaming and intersectional perspective in the EU’s foreign and security, migration, enlargement, trade and development policy;
Amendment 97 #
2020/2208(INI)
6 c. Urges the European institutions to integrate gender mainstreaming throughout the 2021 budgetary procedure, crucial procedure being the first of the 2021-2027 multiannual financial framework(MFF), through gender budgeting; particularly in light of the impacts of the COVID-19 crisis on women’s rights, such as increased gender based violence during the lockdown, a higher risk of drop-out from the labour market linked to a higher burden of care tasks, a higher share of women employed in sectors affected by the lockdown, including in the informal economy and in sectors with more precarious working conditions; Urges European Institution to integrate the gender perspective in all its workings and decision making processes regarding Next generation EU;
Amendment 100 #
2020/2208(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Commends the progress on the EU-UN Spotlight initiative; calls on the Commission to ensure that projects sponsored by the initiative work towards addressing the root causes of women’s rights violations including the perpetuation of harmful gender based stereotypes;
Amendment 4 #
2020/2172(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the important role of the European Union Agency for Law Enforcement Cooperation (‘Europol’) in supporting Member States’ criminal investigations; emphasises also the extension of its tasks and its growing role in the and in preventiong and combating of serious crime, including terrorism affecting two or more Member States;
Amendment 11 #
2020/2172(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that a number of projects had to be deprioritised in the revised Annual Work Programme for 2019 due to budgetary constraints and that due to the Commission’s request to reduce the staffing levels for Contract Agents (CAs) Europol deferred the recruitment of all CA vacancies in 2019; recalls, however, that the budget of the Agency increased from EUR 156 to 169 million and its staff from 826 to 837 compared to 2018;
Amendment 16 #
2020/2172(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets to note again the Court’s finding that there were weaknesses in contract management and ex ante controls linked that the Europol irregularly prolonged again the duration of a framework contract for the provision of business travel services by signing an amendment after the contract had expired; notes that this resulted in irregular payment of EUR 32 531 in 2019.recalls that this is a further amendment signed to the same contract in 2018 and notes that although a new framework contract for business travel services entered in force in 2019, Europol decided to extend the old contract; deplores that this resulted in irregular payment of EUR 32 531 in 2019; further regrets the shortcomings in public procurement found by the Court and underlines that the Agency should integrate sufficient checks concerning the terms used in the documents to the call for tenders in its ex- ante controls before signing the order forms;
Amendment 21 #
2020/2172(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Regrets the observation by the Court that Europol failed to make payments within prescribed terms as laid down in the Financial Regulation and that similar or even higher levels of delays were found in 2018 and 2017; stresses that according to the Court this recurrent weakness exposes the Agency to reputational risk; calls on Europol to take note of the observations by the Court and implement corrective actions;
Amendment 28 #
2020/2172(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on the Agency to ensure, in all its activities, full transparency and full respect with fundamental rights;
Amendment 3 #
2020/2167(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes with deep concern the findings of the Court of Auditors’ (the Court) in its special report1 ; takes the view; deeply regrets that Frontex’s activities regarding the respect for and the protection of fundamental rights were not included in the scope of the audit; requests that any future special report by the Court on the Agency's activities should includes an analysis about Frontex’s activities regarding respect for and the protection of fundamental rights; _________________ 1 https://www.eca.europa.eu/Lists/ECADocu ments/SR21_08/SR_Frontex_EN.pdf
Amendment 11 #
2020/2167(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes with regret the weaknesseshortcomings detected with respect to the Agency’s primary activities in support of the fight against irregular immigration and the fight against cross-border crime which are caused by an incomplete implemlisted by the Court, which are: situation monitoring, risk analysis, vulnerability assessment, joint operations and rapid border interventation of the 2016 mandate ands, return operations and Frontex's training; regrets the failure of the Agency to take the measures necessary to adapt its organisation to fully implement thate 2016 mandate; notes with concern that the Court identifies a significant risk that the Agency will struggle to carry out the mandate given to it by Regulation (EU) 2019/18962 ; acknowledges the gaps and inconsistencies of the information exchange network and further acknowledges the weaknesses in Member States’ implementation of Regulation (EU) No 1052/2013 establishing the European border surveillance system (EUROSUR)recalls that Frontex's budget skyrocketed from EUR 118 million in 2011 to EUR 460 million in 2020, and to an annual average of EUR 900 million for the 2021-2027 period; notes with concern that the Court identifies several risks related to Frontex's 2019 mandate2; acknowledges the gaps and inconsistencies of the information exchange network; _________________ 2Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 17 #
2020/2167(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned that the Agency did not provide information about the performance, real impact orand cost of its activities, more particularly about the real cost of its joint operations, either aggregated or disaggregated by operation (maritime and aerial) and type of costs (e.g. human resources and light equipment, or heavy equipment), as well as the Member States’ actual contribution to the joint operations; notes that the Agency only presents costs based on estimates that can reveal significant differences; is disappointextremely concerned that the Agency’s operationalinsufficient reporting means that decision makers are not adequately informed;
Amendment 20 #
2020/2167(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the Court's finding that Frontex has not attributed sufficient importance to the role of cultural mediator, who is required to understand cultural differences and the social norms of different cultures, while inspiring confidence in those who have recently arrived at the border;
Amendment 24 #
2020/2167(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the partial recruitment of the fundamental rights officer, who took office on 1 June 2021, and the appointment of 20 fundamental rights monitors; regrets that 15 of those appointments were made at AST level which is not in keeping with the Agency’s mandate under Regulation (EU) 2019/1896; reiterates that Regulation (EU) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors by 5 December 2020; insists thaturges the Agency to swiftly recruits the remaining 20 fundamental rights monitors and to does so in AD positions;
Amendment 28 #
2020/2167(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. UDeeply deplores that despite repeated calls of Parliament and a significant overall staff increase for the Agency, the Fundamental Rights Officer still lacks adequate human resources and is therefore clearly hampered to properly conduct the tasks that he is entrusted to; urges the Agency to provide its Fundamental Rights Officer with adequate resources and staff, in particular in relation to further developing and implementing the Agency’s strategy to monitor and ensure the protection of fundamental rights; urges the Agency’s management board to swiftly adopt the action plan to implement the updated fundamental rights strategy and improve the mechanisms for monitoring and reporting fundamental rights violations and complaints in the Agency; reminds the Agency of the importance of adhering to the Staff Regulations;
Amendment 33 #
2020/2167(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the OLAF investigation into Frontex over allegations of harassment, misconduct and migrants pushbacks is still ongoing; notes also that the European Ombudsman’s inquiry with respect to the Agency’s complaints mechanismindependence, effectiveness and transparency of the complaints mechanism and the role of the Fundamental Rights Officer, case OI/5/2020/MHZ, was closed on 15 June 2021, finding, among other things, a regrettable lack of transparency; notes that according to the European Ombudsman, between 2016 and January 2021 the FRO had received 69 complaints of which 22 were admissible, and that this may be explained by the lack of awareness and understanding of the complaints mechanism, the fear of negative repercussions, coupled with the fact that it is not possible to submit anonymous complaints, the stressful situation in which potential victims find themselves, and the lack of engagement by Frontex deployed officers who could play a more active role in receiving and transmitting complaints to the FRO; takes note of the European Ombudsman recommendation to improve complaints handling and follow up and the accessibility of the complaints mechanism to potential victims; notes in addition that the Agency’s management board has closed its investigation on 13 incidents in the Aegean Sea; recalls that Parliament’s Frontex Scrutiny Working Group has not yet completed its, which was established to monitor and investigate the management and operations of Frontex, and is working on a report on the allegations of violations of fundamental rights by the Agency;
Amendment 37 #
2020/2167(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that the Progress Lawyers Network, Front-LEX and the Greek Helsinki Monitor have submitted a legal action against Frontex at the CJEU on behalf of two asylum seekers who had been victims of pushbacks operations during their attempts to seek protection in the EU; underlines that this is the first time that Frontex is being taken to the CJEU over human rights violations;
Amendment 39 #
2020/2167(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Concludes that the increased competences and budget for the Agency need to be accompanied by a corresponding increase in accountability and transparency, as well as full respect for and protection of fundamental rights; stresses that discharge for the Agency is conditional on such accountability and, transparency and fundamental rights compliance, especially on the Agency's commitment to Union law; stresses in this context the need for a full clarification of the alleged violations of fundamental rights at the external borders and of the steps taken to avoid potential fundamental rights violations, including the measures to ensure non-repetition of such violations; deeply regrets the lack of impact assessments and evaluation before reform of the mandates of the Agency was proposed by the European Commission;
Amendment 4 #
2020/2152(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the important role of the Fundamental Rights Agency (‘FRA’ or ‘the Agency’) in helping to ensure that the fundamental rights of people living in the Union are protected; recalls the importance of the Agency in promoting the reflection on the appropriate balance between security and fundamental rights; highlights, in particular, the value of the Agency’s studies and opinions for the development of Union legislation;
Amendment 5 #
2020/2152(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that the Court of Auditors (‘the Court’) has declared the transactions underlying the annual accounts of the Agency for the financial year 2019 to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly presented; deplores the fact that the budget of the Agency of EUR 30 million decreased in 2019 to EUR 29 million and notes the slight staff increase from 110 to 114 in 2019; acknowledges the complex nature of the studies undertaken by the Agency, covering the law and practice of 27 Member States and the high number of publications produced and trainings delivered to ensure fundamental rights compliance that also contribute and feed into the work of different Union bodies and agencies; recommends to provide sufficient financial resources for a better performance of the duties entrusted to the FRA; welcomes the pro-active approach of the Agency towards the Parliament and considers that the Agency should be able to offer opinions on legislative proposals on its own initiative and to all areas of rights protected under the Charter of Fundamental Rights of the European Union, including issues of judicial and police cooperation in criminal matters;
Amendment 10 #
2020/2152(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the levels of commitment carry-overs for operational expenditure once again remained high at 60 %, which is a lower percentage than in 2018, but still indicates a structural problem; recalls on the Agency tothat, as indicated by the Court, this mainly reflects the nature of the Agency’s core activities that include the financing of studies and other activities intended at raising rights’ awareness that span several months; calls on the Agency to continue further improveing its financial planning and its implementation cycles to resolve this situation;
Amendment 15 #
2020/2152(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the progress made by the Agency in relation to the recommendations of the Court on the introduction of e- tendering; calls on the FRA to stepcontinue stepping up its efforts regarding the outstanding recommendation on e- submission.
Amendment 71 #
2020/2042(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stress that in order to achieve a fair, equitable, and sustainable and just transition which leaves no one behind, all climate action must include a gender and an intersectional perspective, which also includes the diverse experiences of the most marginalised people and communities;
Amendment 73 #
2020/2042(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls that women’s empowerment is central to the achievement of the SDGs and reminds that climate change disasters tend to exacerbate gender disparities and to foster further inequalities in the global south and globally;
Amendment 76 #
2020/2042(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Notes that the impacts of climate change in the global south give rise to a displacement of people that does not fit within the parameters of current international frameworks; Calls on the EU to provide adequate responses to climate displacement and to include gender perspective in all migration polices, with a view to safeguarding climate justice;
Amendment 77 #
2020/2042(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls the European Commission to recognize the key political role climate activists play in combating climate change in developing countries and requests EU delegations to ensure the prioritization of their protection and funding, especially for women and people from marginalised communities;
Amendment 79 #
2020/2042(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Recalls that the collection of sex- disaggregated data and gender statistics is a preliminary step towards conducting proper gender analysis on climate change; Calls for the European Commission to upgrade capacity-building in developing countries’ national statistical systems, for the purposes of collecting gender statistics on the environment in order to improve the evaluation of, and find solutions to, the varying consequences of climate change;
Amendment 81 #
2020/2042(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Underlines that people in rural areas in developing countries, in particular women, are especially affected by climate change, as they are often dependent on natural resources, do much of the agricultural work, particularly in food production and collecting water and fuel for the family and are very often responsible for the bulk of unpaid work in households and communities;
Amendment 6 #
2020/2035(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Commission communication of 12 November 2020 entitled ‘LGBTIQ Equality Strategy (2020-2025)’,
Amendment 19 #
2020/2035(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone,1a _________________ 1a Texts adopted, P9_TA(2021)0089
Amendment 59 #
2020/2035(INL)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the Fundamental Rights Agency’s ‘EU LGBTI Survey II: A long way to go for LGBTI equality',1a _________________ 1a https://fra.europa.eu/sites/default/files/fra _uploads/fra-2020-lgbti-equality-1_en.pdf
Amendment 63 #
2020/2035(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the first objective of the Union’s Gender Equality Strategy 2020- 2025 focuses on ending gender-based violence and describes it as ‘one of our societies’ biggest challenges’; whereas the Union’s LGBTIQ Equality Strategy recalls that everyone has a right to safety, be it at home, in public or online;
Amendment 71 #
2020/2035(INL)
Motion for a resolution
Recital B
Recital B
B. whereas violence against women and other forms of gender-based violence are widespread in the Union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in the unequal distribution of power between women and men, in sexism and gender norms and stereotypes, which have led to domination over and discrimination against women by menand girls in all their diversity by men; whereas gender-based violence also occurs due to perceived deviation from gender norms;
Amendment 85 #
2020/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and LGBTI persons and gender-based violence present different but not mutually exclusive forms and manifestations; whereas those different forms of violence are often interlinked with, and inseparable from, offline violence because they can precede, accompany or continue them;
Amendment 103 #
2020/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas cyber harassment, cyber stalking, cyber bullying, trolling, online hate speech, flaming, doxxing, dead- naming and image- based sexual abuse are among the most common types of gender- based cyberviolence; whereas some Member States have adopted specific legislation on some of those particular forms only;
Amendment 108 #
2020/2035(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas hate speech against LGBTI persons is pervasively common, in particular online, and legislation is notably absent from some Member States’ legislative framework to prevent, address and sanction such forms of online abuse; whereas, at present, 15 Member States do not include gender identity in hate speech legislation; whereas the Commission has proposed to extend the list of ‘EU crimes’ under Article 83(1) TFEU to cover hate crime and hate speech, including when targeted at LGBTIQ people;
Amendment 130 #
2020/2035(INL)
Motion for a resolution
Recital F
Recital F
F. whereas women in all their diversity can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discriminationtargeting of LGBTI persons is often on the grounds of their gender identity, gender expression or sex characteristics; whereas intersectional forms of discrimination increase the exposure to violence for women belonging to ethnic minorities, with disabilities, as well as lesbian, bisexual, transgender and intersex women, and can exacerbate the consequences of gender- based cyberviolence;
Amendment 144 #
2020/2035(INL)
Motion for a resolution
Recital G
Recital G
G. whereas some women and LGBTI persons, such as politicians, women in public positions, journalists, bloggers and human rights defenders, are particularly impacted by gender-based cyberviolence, and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political, social and cultural life;
Amendment 186 #
2020/2035(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the Commission’s commitments under the LGBTIQ Equality Strategy 2020-2025 concerning hate speech online, and the proposal to extend the list of ‘EU crimes’ under Article 83(1) TFEU to cover hate crime and hate speech, including when targeted at LGBTIQ people;
Amendment 190 #
2020/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the COVID-19 pandemic has increased the risk of domestic violence and abuse because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; highlights that many LGBTI persons were forced to be confined with family members, legal guardians or co-habitants who harassed, abused or exposed them to violence; calls on Member States to increase the assistance they offer through specialised shelters, helplines and support services to protect victims and facilitate the reporting of gender-based violence;
Amendment 248 #
2020/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that inter alia stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and lack of sense of control, caused by cyberviolence, can have an impact on mental health and may lead to self-harm and suicidal ideation;
Amendment 285 #
2020/2035(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that gender norms and stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls in the ICT and digital fields; stresses the need to tackle the gender gap in the ICT sector through education, awareness-raising campaigns and the promotion of the representation of women in the sector;
Amendment 289 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Recalls that the labelling of LGBTI persons as an ‘ideology’ is spreading in online and offline communication and the same is true with regard to ongoing campaigning against so-called ‘gender ideology’ or in favour of ‘anti-gender movements’; highlights that LGBTI activists are often the targets of defamation campaigns, online hate speech and cyberbullying and abuse due to their advocacy work for LGBTI equality;
Amendment 351 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 3
Annex I – Recommendation 2 – paragraph 3
The scope should cover any form of gender-based violence committed, assisted or aggravated in part or fully by the use of ICT, such as mobile phones and smartphones, the internet, social media platforms or email, against a woman because she is a woman, or affects women disproportionately. The scope should encompass gender-based violence against LGBTIQ persons, who are targeted because of their gender, gender identity, gender expression or sex characteristics.
Amendment 358 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 3
Annex I – Recommendation 2 – paragraph 4 – indent 3
- ICT-related violations of privacy (including the accessing, sharing and manipulation of private data or images, including intimate data without consent, image-based sexual abuse and non- consensual disclosure of sexual images, doxxing, dead-naming, identity theft);
Amendment 363 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 6
Annex I – Recommendation 2 – paragraph 4 – indent 6
- sexist, transphobic or interphobic hate speech (including: posting and sharing violent content, use of sexist or gendered comments and insults, abusing women for expressing their own views and for turning away sexual advances, inciting to hatred against individuals on grounds of their gender identity, expression or sex characteristics);
Amendment 373 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – introductory part
Annex I – Recommendation 3 – paragraph 1 – introductory part
Member States should implement a series of measures in order to prevent gender- based cyberviolence, having an intersectional approach:
Amendment 376 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 1
Annex I – Recommendation 3 – paragraph 1 – indent 1
- awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence, within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender norms and stereotypes, while promoting responsible behaviour on social media and increasing literacy about the safe use of the internet;
Amendment 428 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 4
Annex I – Recommendation 5 – paragraph 1 – indent 4
- aggravating circumstances, depending on the profile of the women and, girls and LGBTI victims (exploiting specific characteristics, vulnerabilities of women and girl, girls and LGBTI persons online);
Amendment 1 #
2020/2029(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),
Amendment 7 #
2020/2029(INI)
Motion for a resolution
Citation 13
Citation 13
— having regard to the International Labour Organization (ILO) Forced Labour Convention, 1930 (No 29), the Protocol of 2014 to the Forced Labour Convention, 1930, the Abolition of Forced Labour Convention, 1957 (No 105) and the Forced Labour (Supplementary Measures) Recommendation, 2014 (No 203), the Worst Forms of Child Labour Convention, 1999 (No 182) and the Domestic Workers Convention, 2011 (No. 189),
Amendment 8 #
2020/2029(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the UN Guiding Principles on Business and Human rights,
Amendment 12 #
2020/2029(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to the Committee on the Elimination of Discrimination against Women (CEDAW). “General recommendation on women’s access to justice” advance unedited version, 23 July 2015,
Amendment 57 #
2020/2029(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas women and girls form the majority of THB victims; 78% of all children trafficked are girls and 72% of adults trafficked are women;
Amendment 60 #
2020/2029(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas gender inequality, poverty, forced displacement, unemployment, lack of socioeconomic opportunities, lack of access to education, gender based violence, discrimination and marginalization and corruption are some of the contributing factors that make persons, especially women and children, vulnerable to trafficking; whereas the root causes of THB remain insufficiently tackled;
Amendment 68 #
2020/2029(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the victims of THB are often subject to multiple and intersecting forms of discrimination and violence, including on the grounds of gender, age, race, disability, ethnicity, culture and religion, as well as national or social origin or other status, and that these forms of discrimination may themselves fuel trafficking in persons1a, _________________ 1a https://undocs.org/en/A/HRC/RES/44/4
Amendment 74 #
2020/2029(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas the Anti-Trafficking Directive sets out minimum standards to be applied throughout the European Union in preventing and combating trafficking in human beings and protecting victims and provides for the definition of trafficking in human beings,
Amendment 76 #
2020/2029(INI)
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas some Member States have not yet completed the transposition of the Directive; whereas complete and correct transposition of the Directive, followed by its full implementation, is not only compulsory but also necessary in order to make progress in addressing trafficking in human beings,
Amendment 78 #
2020/2029(INI)
Motion for a resolution
Recital A f (new)
Recital A f (new)
Af. whereas Member States have an obligation to exercise due diligence to prevent THB, to investigate instances of trafficking and punish perpetrators, to support and empower victims and respect their dignity, and to provide for their protection and access to remedies, and that not doing so violates and impairs or nullifies the enjoyment of the human rights and fundamental freedoms of victims,
Amendment 82 #
2020/2029(INI)
Motion for a resolution
Recital A g (new)
Recital A g (new)
Amendment 84 #
2020/2029(INI)
Motion for a resolution
Recital A h (new)
Recital A h (new)
Ah. whereas the implementation of the Victims’ Directive is not satisfactory, particularly due to incomplete and/or incorrect transposition,
Amendment 95 #
2020/2029(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Commends the good work done by the EU Anti-Trafficking Coordinator (EU ATC) in coordinating the EU’s response to THB and developing knowledge and findings on the various aspects of THB, including research into the gender dimension and the particular vulnerability of children; considers, however, that in order to accelerate the EU’s response to THB, the mandate of the EU Anti- Trafficking Coordinator could be extended;
Amendment 108 #
2020/2029(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of the funding of the AsylumCitizens, Equality, MRigration and Integration Fund (AMIF) and Internal Security Fund (ISF) programmeshts and Values programme, in particular the Daphne fund to continue to be used for projects tackling THB, as well as using other available instruments, such as the Asylum, Migration and Integration Fund (AMIF) and Internal Security Fund (ISF) programmes;
Amendment 114 #
2020/2029(INI)
3a. Recalls that support organisations require sufficient funding for projects, and expresses concern that many, especially women’s organisations, are struggling because of funding cuts;
Amendment 116 #
2020/2029(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights that the lack of consistent, comparable and detailed data continues to hamper the adequate assessment of trends in THB; calls on the Member States to collect more up-to-date data disaggregated by age and gender, gender and racial and ethnic origin and including internally trafficked people, by compiling statistical information in cooperation with civil society; urges the Member States to improve the recording and reporting of statistical data; recalls that more comprehensive evidence-based support will allow for a more accurate assessment of the nature of the problem, which is essential for future policy intervention;
Amendment 144 #
2020/2029(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to monitor the use of digital technologies for THB as the predominant tools used to recruit trafficking victims, while ensuring individuals’ fundamental rights and data protection, as well as victims’ right to privacy;
Amendment 151 #
2020/2029(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that the gender dimension must be consistently monitored in the implementation of EU anti-trafficking legislation, and urges the Commission to continue to monitor this in its assessment of Member States’ compliance and implementation of the Directive;
Amendment 155 #
2020/2029(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that the early identification of victims remains one of the main challenges to implementation, and is one of the most crucial in terms of enabling victims to exercise their rights; calls on the Member States to give more actors responsibility for identifying victims of THB at all stagebut stresses that this does not diminish the responsibility of the Member States to protect them; recalls that under Article 11 of the Directive, Member States have an obligation to establish mechanisms to ensure the early identification of, assistance to, and support for victims, in cooperation with the relevant support organisations; stresses the need for an approach based on four key strategies: prevention, prosecution, victim protection and multi-level partnership; stresses that the identification of victims is crucial for victims to exercise their rights; calls ofn the process, includingMember States to give civil society representatives, immigration and asylum officials, labour inspectors and social workers or healthcare staffmedical staff more power for identifying victims of THB at all stages of the process ;
Amendment 170 #
2020/2029(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on all Member States to effectively guarantee the rights of victims and to support them with a gender- sensitive and gender-based approach while ensuring complementarity with the Victims’ Rights Directive; notwelcomes that the Anti-Trafficking Directive prohibits the criminalisation of victims of THB;
Amendment 182 #
2020/2029(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Laments that in certain member states access to services and protections including the right to residence for victims of human trafficking are contingent upon participation in criminal proceedings; calls on member states to offer unconditional protection to all victims of human trafficking including women and girls;
Amendment 185 #
2020/2029(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on all Member States to ensure that early expert legal intervention and advice is provided to potential victims of THB at the earliest possible moment, including accessible information about their legal rights and options;
Amendment 193 #
2020/2029(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that while the full impact of the COVID-19 pandemic is not yet measureable, it is nevertheless clear that the crisis disproportionately affects the most vulnerable victims of THB, especially women and children and those in precarious situations;
Amendment 195 #
2020/2029(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights the need to provide protection and effective and adequate gender-responsive and multidisciplinary assistance to victims of trafficking and considering also their direct dependants, on the basis of the specific needs of those persons, including child-appropriate measures and the use of multilingual staff, which must not be made conditional on their cooperation with law enforcement authorities; urges the Member States to step up efforts in this direction;
Amendment 200 #
2020/2029(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Regrets that the trafficking of individuals in vulnerable situations such as women, children, LGBTI people, people with disabilities and people from racialized groups, is often overlooked; stresses the importance of improved data collection to enhance victim identification efforts with regard to these groups and developing best practice in dealing with the specific needs of these victims;
Amendment 202 #
2020/2029(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Notes that victims of THB require specialised services, including access to safe short- and long-term accommodation, witness protection schemes, healthcare and counselling, translation and interpretation services, legal redress, compensation, access to education and training, including teaching of the language of their country of residence, job placement, (re)integration, family mediation and resettlement assistance, and that these services should be further individualised case by case, with specific consideration given to the gender perspective; urges the Member States to ensure gender-specific provision of services to victims of THB that is appropriate to their needs, recognising any needs that may be specific to the form of trafficking to which they have been subjected;
Amendment 208 #
2020/2029(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out the need for a coherent and coordinated National Referral Mechanism (NRM); underlines that good cooperation between the police and non- governmental organisations (NGOs) cannot be a substitute forshould be complementary to a fully fledged NRM defining the roles and responsibilities of all relevant actors16 in such a way as to ensure protection and promotion of the fundamental rights of victims of trafficking; _________________ 16The recommendations by the Council of Europe’s Group of Experts on Action against Trafficking in Human beings (GRETA) include ensuring the application of the NRM to asylum seekers and persons in immigration detention.
Amendment 215 #
2020/2029(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to monitor and assess the situation of compensation to victims in the Member States and across borders in terms of access, enforcement and actual payments, and to come forward with specific measures to ensure better access to compensation;
Amendment 219 #
2020/2029(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Is concerned that victims of THB are often not adequately informed of their rights, the assistance and support measures that are available to them; underlines the importance of having clear and consistent information for victims and for frontline staff who may come into contact with victims, such as security forces, judicial authorities, police and social services, including information on rights with regard to emergency assistance, medical treatment and healthcare, residence permits, employment rights, access to the courts and to a lawyer, the possibilities for seeking redress and the specific rights of children; stresses that there must be no discrimination in access to services;
Amendment 224 #
2020/2029(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Recalls that NGOs and individuals working to protect and help victims of THB should not be held responsible for any crime;
Amendment 225 #
2020/2029(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Highlights the effectiveness of awareness-raising schemes in educating consumers to select products from corporations that ensure a slavery-free supply chain, but notes that this in itself is not enough to reduce demand for THB; calls on Member States to take more proactive preventative actions such as information and awareness-raising campaigns, training, including training specifically designed for men, targeted workshops with people in vulnerable situation and education activities in schools, including promoting equality, combating sexist stereotypes and gender- based violence;
Amendment 236 #
2020/2029(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights that sexual exploitation remains the most prevalentreported form of trafficking in the EU since 2008, as 60 % of victims are trafficked for sexual exploitation; notes that more than 90 % of these victims are women and girls, and that more than 70 % of traffickers are male;
Amendment 247 #
2020/2029(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Member States to adopt specific measures to address gender-based violence and violence against women ands well as gender inequalities as the root causes of trafficking; recommends that the Commission strengthen and develop the gender dimension in the monitoring of the implementation of EU anti-trafficking legislation;
Amendment 256 #
2020/2029(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission, in cooperation with the Member States, to examine how the demand for sexual and cheap labour services drives trafficking, as traffickers tend to convey their victims to countries where prostitution is regulated and lawfully practiced, making it much easier for traffickers to use a legal environment in order to exploit their victims17 ; recalls that in some EU Member States where prostitution is legal, suspects were able to exploit children alongside adult victims18 ; _________________ 17Europol, Situation Report ‘Trafficking in Human Beings in the EU’, 18 February 2016. 18Europol, Situation Report ‘Criminal networks involved in the trafficking and exploitation of underage victims in the EU’, 18 October 2018.
Amendment 258 #
2020/2029(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines that THB is fuelled by high profits for traffickers and demand that fosters all forms of exploitation; recalls that MS have a legal obligation to discourage and reduce the demand that fosters all forms of exploitation;
Amendment 262 #
2020/2029(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to prioritise the prevention of the crime of trafficking for sexual exploitation, including through adopting measures and programmes to discourage and reduce demand, and calls on the Member States to include the demand and use of the services of victims of trafficking as a criminal offence in their national statutes, as recommended by Article 8 of the Anti- Trafficking Directive and reiterated by the Commission in 201819 ; _________________ 19Second progress report on the implementation of the Directive, COM(2018)0777, p. 6.
Amendment 273 #
2020/2029(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Member States to focus on the recurring and emerging patterns of THBall forms of THB including for sexual exploitation, such as the increasing exploitation of children and the use of the ‘lover boy’ method as the mostnd other frequent means of recruiting victims by using online technologies;
Amendment 284 #
2020/2029(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Highlights the importance of gender-sensitive training programmes for officials attending victims to enhance the early identification of those who are victims of trafficking for forced labour or services including sexual exploitation and encourages Member States to adopt measures to support victims, such as exit programmes, social and professional reintegration or sexual health services, education and access to justice;
Amendment 291 #
2020/2029(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Reiterates the need to ensure victims and their family members access to justice and safe reporting, and providing trafficked persons with appropriate, relevant and understandable information on their rights, including the right to a remedy, the mechanisms and procedures available to exercise these rights, and on how and where to obtain legal and other necessary assistance;
Amendment 298 #
2020/2029(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls on the Member States to combat impunity, criminalise trafficking and ensure that perpetrators are brought to justice; urges the Member States to ratify all relevant international instruments, agreements and legal obligations which will make the efforts to combat THB, including the Council of Europe Convention on Action against Trafficking in Human Beings;
Amendment 301 #
2020/2029(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Recalls that in some EU MS, trafficking cases are handled by specially trained judges; regrets that this is not the mainstream practice among MS;
Amendment 310 #
2020/2029(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that migration flows can increase the risk for migrants of becoming victims of trafficking within the EU20 ; points out that there has been a sharp increase in the last years concerning the number of women and girls trafficked through the Central Mediterranean route for sexual exploitation in the EU21 ; recalls that women and children may be compelled to exchange sex for protection, in order to survive, to advance along their migratory route, and for basic sustenance; underlines that women and children engaging in survival sex are not considered trafficking victims, and thus cannot receive the required assistance; _________________ 20Second progress report, COM(2018)0777; Europol, European Migrant Smuggling Centre (EMSC), 4th Annual Report, 2020; Europol, Situation Report ‘Trafficking in Human Beings in the EU‘, 18 February 2016. 21 Second progress report, COM(2018)0777, p. 3.
Amendment 349 #
2020/2029(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to step up their efforts to early identify potential victims, in particularcluding within migration flows and hotspots; calls on the Member States to provide adequate resources for specialised facilities for unaccompanied minors and female victims of traffickingvictims of trafficking including women and unaccompanied minors;
Amendment 363 #
2020/2029(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that the migration policies of Member States, geared towards fighting irregular migration, can have a ‘chilling effect’ among vulnerable migrants and give perpetrators additional leverage to exploit victims with an irregular status24 ; calls on the Member States to decouple migration enforcement actions from law enforcement activities; recalls that, in order to prevent THB and people smuggling, it is important to create safe legal migration channels for women and children, such as humanitarian visas; calls upon the Commission and the Member States to provide safe and legal routes for migration, to ensure the presence of gender trained staff in reception facilities and to provide adequate support and funding to civil society organisations; _________________ 24Platform for International Cooperation on Undocumented Migrants (PICUM), Insecure justice? Residence permits for victims of crime in Europe, May 2020.
Amendment 368 #
2020/2029(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Notes that informal and unregulated work should be brought within the protection of labour laws and it should be ensured that labour rights are applied to all workers irrespective of their gender, migration and residence status; recommends that control mechanisms should be set up to monitor businesses compliance with labour standards and human rights and sanctions for businesses that do not respect human rights and the law should be enacted;
Amendment 374 #
2020/2029(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that children constitute nearly a quarter of all victims in the EU, with girls (78 %) making up the vast majority of child victims in the EU; points out that nearly 75 % of all child victims in the EU were EU citizens; is particularly concerned about the violence, abuse and exploitation faced by child victims in the EU, especially trafficked for sexual exploitation25 ; _________________ 25Europol, EMSC, 4th Annual Activity Report, 2020.
Amendment 404 #
2020/2029(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Requires Member States to provide unaccompanied child victims of trafficking with assistance, support and protection measures that meet their specific needs; recalls that such measures should not only take into account the best interests of the unaccompanied children, but also provide them with a durable solution;
Amendment 426 #
2020/2029(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Notes that women are disproportionately criminalised due to their situation or status and are prevented from equal access to justice as a result of gender stereotyping, discriminatory laws, intersecting or compounded discrimination, procedural and evidentiary requirements and practices; calls on the Commission and Member States to ensure that access to justice is physically, economically, socially and culturally available to all women;
Amendment 436 #
2020/2029(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Is alarmed by the fact that trafficking takes place as a result of the high demand for products and services dependent upon the exploitation of human beings, which is a very profitable form of organised crime;
Amendment 460 #
2020/2029(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Is concerned that the gender perspective remains unevenly embraced within JHA agencies; calls on the JHA agencies to ensure that a sustained programme of ensuring gender balance is in place, particularly in decision-making relevant to THB;
Amendment 475 #
2020/2029(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to amend the Anti-Trafficking Directive with a view to updating its provisions, including the establishment of specific measures for the prevention and prosecution of trafficking for sexual exploitation as the largest area of THB, to address the use of online technologies in both the proliferation and the preventionackling of THB, to improve measures for prevention and the early identification and protection of victims, and to strengthen a horizontal gender perspective across all forms of trafficking, as well as to ensure that Member States explicitly criminalise the use of all services which involve exploitation;
Amendment 507 #
2020/2029(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Calls on the Member States to ensure that victims of THB have access to justice, compensation and reparation;
Amendment 508 #
2020/2029(INI)
Motion for a resolution
Paragraph 37 b (new)
Paragraph 37 b (new)
37b. Calls on the Commission to implement a human rights based approach to the prevention of trafficking centring the rights of the victim; recommends that the Commission and Member states work together with civil society to provide necessary services and assistance to victims of trafficking free from judgement and stigmatisation;
Amendment 510 #
2020/2029(INI)
Motion for a resolution
Paragraph 37 c (new)
Paragraph 37 c (new)
37c. Recalls that the Directive needs to be fully implemented, consistently and diligently applied by all actors in the field: legislators, judges, prosecutors, police and public administrations; stresses that proper training of all these actors is essential, as are preventive awareness- raising campaigns and cooperation between public administration and civil society organisations; urges the Commission and the Member States to step up efforts in this direction;
Amendment 1 #
2020/2009(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the work carried out by the Council of Europe to promote the protection and safety of journalists, including Recommendation CM/Rec(2018)1[1] of the Committee of Ministers to member states on media pluralism and transparency of media ownership and the declaration by the Committee of Ministers on the financial sustainability of quality journalism in the digital age, recommendation CM/Rec(2016)4[1] of the Committee of Ministers to member States on the protection of journalism and safety of journalists and other media actors, and its 2020 annual report entitled ‘hands off press freedom’1a _________________ 1a https://rm.coe.int/annual-report-en- final-23-april-2020/16809e39dd
Amendment 3 #
2020/2009(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Resolution 2300 of the Parliamentary Assembly of the Council of Europe (PACE) of 1 October 2019 on ‘Improving the protection of whistle-blowers all over Europe’1b _________________ 1b http://assembly.coe.int/nw/xml/XRef/Xref- XML2HTML-EN.asp?fileid=28150⟨=en
Amendment 5 #
2020/2009(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
— having regard to the UN Human Rights Committee’s General Comment No 34 on Article 19 of the ICCPR (Freedom of opinion and expression),
Amendment 6 #
2020/2009(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
— having regard to the UN Plan of Action on the Safety of Journalists and the Issue of Impunity,
Amendment 7 #
2020/2009(INI)
Motion for a resolution
Citation 5 d (new)
Citation 5 d (new)
— having regard to the relevant resolutions of the UN General Assembly, the UN Human Rights Council and the reports of the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression,
Amendment 8 #
2020/2009(INI)
Motion for a resolution
Citation 5 e (new)
Citation 5 e (new)
— having regard to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the UN Convention against Corruption and the UNESCO Convention on the Protection and the Promotion of the Diversity of Cultural Expressions,
Amendment 9 #
2020/2009(INI)
Motion for a resolution
Citation 5 f (new)
Citation 5 f (new)
Amendment 10 #
2020/2009(INI)
Motion for a resolution
Citation 5 g (new)
Citation 5 g (new)
— having regard to the 2030 Agenda for Sustainable Development and the commitments there into, inter alia, promote peaceful and inclusive societies for sustainable development, including by ensuring public access to information and protecting fundamental freedoms,
Amendment 11 #
2020/2009(INI)
Motion for a resolution
Citation 5 h (new)
Citation 5 h (new)
— having regard to the Commission communication of 10 June 2020 on ‘tackling COVID-19 disinformation - Getting the facts right’,
Amendment 16 #
2020/2009(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the Commission’s EU Gender Equality Strategy 2020-2024,
Amendment 17 #
2020/2009(INI)
— having regard to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law1d, _________________ 1d OJ L 305, 26.11.2019, p. 17.
Amendment 21 #
2020/2009(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the outcomes of the World Press Freedom Index, published by Reporters Without Borders, and to those of the Media Pluralism Monitor of the European University Institute’s Centre for Media Pluralism and Media Freedom,
Amendment 29 #
2020/2009(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
— having regard to the EU Human Rights Guidelines on Freedom of Expression Online and Offline, adopted on 12 May 2014, recognising artistic freedom as an inherent component of freedom of expression alongside media freedom,
Amendment 31 #
2020/2009(INI)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
— having regard to the work carried out by the European Union Agency for Fundamental Rights (FRA),
Amendment 34 #
2020/2009(INI)
Motion for a resolution
Recital A
Recital A
A. whereas media freedom, pluralism and independence, as well as the safety of journalists, are crucial components of the right of freedom of expression and are essential to the democratic functioning of the EU and its Member States;
Amendment 37 #
2020/2009(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the right to inform and the right to be informed are part of the core basic democratic values on which the EU is founded; whereas the media play an essential role in democratic society by helping to inform and empower citizens, through widening their understanding of the current political and social landscape, and fostering their participation in democratic life; whereas freedom of opinion and expression are indispensable for the fulfilment of other human rights and fundamental freedoms;
Amendment 43 #
2020/2009(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas key democratic tasks of the media include strengthening transparency and democratic accountability; whereas investigative journalism fulfils a necessary watchdog role that assists the public in holding governments and institutions, at all levels, accountable for their actions and obligations; whereas whistleblowing is a fundamental aspect of freedom of expression and is also instrumental in detecting and reporting irregularities and cases of corruption within the public and private sectors;
Amendment 44 #
2020/2009(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas, in the context of fighting corruption and maladministration in the EU, investigative journalism should receive particular consideration and financial support as a tool serving the public good;
Amendment 48 #
2020/2009(INI)
Motion for a resolution
Recital B
Recital B
B. whereas media capture, hate speech and disinformation are increasingly being uexploited for political purposeds as tools to intensify social polarisation, which is in turn exploited for political purposes; whereas combating these phenomena is not only relevant to the domain of human rights, but is also a fundamental factor in terms of the defence of the rule of law and democracy in the EU;
Amendment 57 #
2020/2009(INI)
Motion for a resolution
Recital D
Recital D
D. whereas journalists and other media actors continue to be at risk of violence, threats, harassment, pressure, self- censorship, public shaming and even assassination in the EU as a result of their investigative activities to protect the public interest and their daily reporting on key issues, such as social protests;
Amendment 60 #
2020/2009(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas public authorities have the duty not only to refrain from implementing restrictions on freedom of expression, but also the positive obligation to adopt measures which promotes the development of free, independent and pluralistic media;
Amendment 64 #
2020/2009(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas in several Member States, SLAPPs are a continued practice used to scare journalists into halting investigations into corruption and other matters of public interest;
Amendment 68 #
2020/2009(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas female journalists are disproportionately targeted by harassment and abuse and face gender-specific forms of violence, such as sexual and online harassment; whereas online harassment and abuse is often highly sexualized, based not on the content of their work, but on their physical traits, cultural background, or private life; whereas these threats lead female journalists to self- censorship and have a chilling effect on press freedom and freedom of expression; whereas threats and attacks against female journalists also hinders media pluralism in terms of gender diversity in media production;
Amendment 72 #
2020/2009(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas artistic freedom is an integral part of the fundamental right of freedom of expression and is essential for Europe’s cultural diversity and democratic health; whereas attacks to artistic freedom are proliferating but remain invisible;
Amendment 76 #
2020/2009(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the global COVID-19 crisis is having a devastating social and economic impact on the media sector, especially freelance media workers, both for the organizations confronting it and for the journalists as individual workers;
Amendment 84 #
2020/2009(INI)
G. whereas the internet and social mediabusiness model of dominant online platforms which is based on micro-targeted advertising plays a role in spreading and amplifying hate speech and fostering radicalisation leading to violent extremism, including through the circulation of illegal content;
Amendment 92 #
2020/2009(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the AVMSD obliges the authorities in every Member State to ensure that audiovisual media services do not contain any incitement to hatred based on race, sex, religion or nationalitysex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
Amendment 97 #
2020/2009(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the spread of false newsmisinformation and disinformation available via social media or search websites poses a threat to the freedom of speech and expressionto information, to democratic discourse and to the independence of the media, and has strongly impaired the credibility of the traditional media;
Amendment 105 #
2020/2009(INI)
Motion for a resolution
Recital J
Recital J
J. whereas disinformation and misinformation related to COVID-19 mayhave caused panic and social unrestdiscord and needs to be addressed; whereas measures to combat disinformation cannot be used as a pretext for introducing disproportionate restrictions on press freedom;
Amendment 112 #
2020/2009(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates its continued deep concern about the state of media freedom within the EU in the context of the abuses and attacks still being perpetrated against journalists and media workers in the Member States because of their activitieswork, as well as the growing public denigration and general weakening of the profession, weighing particularly heavily on local, investigative and cross-border journalism;
Amendment 114 #
2020/2009(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Deplores that journalists and media workers often work in precarious conditions with regard to their contracts, salaries and social guarantees, which compromises their ability to work appropriately and thus hampers media freedom;
Amendment 118 #
2020/2009(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the crucial role that investigative journalists play in holding power to account and performing their functions as watchdogs for democracy and the rule of law and highlights that whistle-blowing is an essential element for investigative journalism and freedom of press; deplores that journalists and whistle-blowers have been subject to legal prosecution instead of legal protection when, acting in the public interest, they disclose information or report suspected misconduct, wrongdoing, fraud or illegal activity;
Amendment 127 #
2020/2009(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly reiterates its call on the Commission to treat attempts by Member State governments to damage media freedom and pluralism as constituting a serious and systematic abuse of powers and as going against the fundamental values of the EU as enshrined in Article 2 TEU; welcomes, therefore, the Commission’s intention to include a specific chapter on monitoring media freedom and pluralism in its Annual Report on the Situation of the Rule of Law within the EU; urges the Commission to take into account the impact of the emergency measures taken in 2020 in the context of COVID-19 on press freedom, media pluralism and safety of journalists; in this context, recalls Parliament’s repeated call for a permanent, independent and comprehensive mechanism covering democracy, the rule of law and fundamental rights in the EU; considers that the EU mechanism on democracy, rule of law and fundamental rights must enshrine media freedom as an essential pillar of a democratic system;
Amendment 130 #
2020/2009(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates the need for a comprehensive annual monitoring of the state of press freedom in each Member State which could be built on the Media Pluralism Monitor and should include concrete country by country recommendations to lower risks to media freedom, as well as specific analysis of areas in which the EU could act; asks the Commission for continued monitoring of the protection mechanisms for journalists in the Member States and make country specific recommendations;
Amendment 131 #
2020/2009(INI)
3b. Calls on the Member States to create and maintain, in law and in practice, a safe and secure environment for journalists and other media actors, including foreign journalists pursuing their journalistic activities in the Member States, enabling them to carry out their work in full independence and without undue interference;
Amendment 132 #
2020/2009(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission to set up a EU hotline as a rapid-response mechanism for journalists requesting protection; calls on the EU institutions to have a contact point in order to follow the cases of journalists requesting protection and to ensure that adequate attention is paid to their situation;
Amendment 133 #
2020/2009(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; condemns attempts by Member State governments to silence critical and independent media and undermine media freedom and pluralism, in particular attempts to control public service media and social network; deplores the fact that in some Member States public broadcasting has become an example of single political partypro-governmental propaganda, which often excludes opposition and minority groups from society and evenand even in some cases incites violence; stresses that safeguarding independent authorities and ensuring strong independent oversight of audiovisual media against undue state and commercial intervention is crucial; highlights and deplores that similar motivations have driven undue restrictions on artists in an attempt to further restrict the space for open and fearless debate; recognizes that sufficient and sustainable funding for public interest media is essential and should be provided in a manner that guarantees media freedom, independence and pluralism; calls on the Commission and Member States to ensure that journalists are given the proper tools to inquire and receive information from EU and Member State administrations without facing arbitrary decisions denying their right of access to information; deplores any attempts to deny access to information by the use of delay tactics, bogus reasons for dismissal or unjustified narrowing of the scope of information that was requested;
Amendment 161 #
2020/2009(INI)
5. Reiterates its concern that fewabout the lack of specific legal or policy frameworks protecting journalists and media workers from violence, threats and intimidation can be identified at national level within the EU; calls on the Member States and the Commission to ensure the effective protection and safety of journalists and other media actors as well as of their sources, including in a cross-border context; strongly reiterates its call on the Commission to present proposals to prevent so-called ‘Strategic Lawsuits Against Public Participation’ (SLAPP), in particular, legislative proposals to establish minimum standards for protection at the EU level;
Amendment 162 #
2020/2009(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is deeply concerned about the increasing political attacks on the media and deplores the lack of protection of journalistic sources; recalls Member States’ obligation to carry out prompt, impartial and effective investigations into attacks perpetrated against journalists and urges to step up efforts to end threats and attacks against journalists and media workers, to ensure accountability, and to guarantee that victims and their families have access to the appropriate legal remedies; calls on the Commission and the Member States to ensure that reporting mechanisms are accessible, safe and secure, and that the claims of investigative journalists and whistle- blowers are professionally investigated; calls on the implementation of the EU Human Rights Guidelines on Freedom of Expression Online and Offline, which highlight that the EU will take all appropriate steps to ensure the protection of journalists, both in terms of preventive measures and by urging effective investigations when violations occur;
Amendment 169 #
2020/2009(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Expresses deep concerns about the raise in attacks against female journalists and media workers, and underlines the importance of taking a gender-sensitive approach when considering measures to address the safety of journalists and media workers; reiterates its call to Member States to take a gender-sensitive approach when considering measures to address the safety of journalists;
Amendment 172 #
2020/2009(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Underlines that media have a powerful role to play in promoting gender equality and anti-discrimination; is concerned that women and other discriminated groups remain invisible in news content, or often depicted in stereotypical ways; recalls that in the media sector, women are increasingly impacted by structural barriers;
Amendment 173 #
2020/2009(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Underlines that the lack of gender equality in managerial and content creation roles in European media organisations represents a risk for media pluralism; urges the Commission and the Member States to take active steps to promote gender equality in the media sector, so that also more women can be in creative or decision-making positions which would enable the media to contribute to the reduction of gender stereotypes;
Amendment 175 #
2020/2009(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that excessiveHighlights that media ownership concentration remains one of the most significant risks to media pluralism and is seen as creating barriers to diversity of information and viewpoints; stresses that concentration of ownership in the content- producing and content-distributing sectors may threaten citizens’ access to a range of content; recalls the findings of media freedom organisations during their fact finding missions stressing that in some Member States especially local media are not able to fulfil their role anymore, being fully dependent on advertisement of local business-political groups; underlines that media pluralism, which depends on the existence of a diversity of media ownership and of content as well as independent journalism, is key to challenging the spread of disinformation and ensuring that EU citizens are well- informed;
Amendment 181 #
2020/2009(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the importance of ensuring the transparency of funding sources and of media ownership structures; calls on the Commission to strengthen efforts to ensure that the media proactively publish information about their ownership structures, including their beneficial owners, and that clear rules are put in place to also prevent potential conflicts of interests arising in media ownership structures, with a special emphasis on avoiding political interference;
Amendment 186 #
2020/2009(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is concerned about attempts to take advantage of the COVID-19 pandemic to punish independent and critical media and introduce restrictions on the media’s access to and scrutiny of government decisions and actions, hampering proper and informed debate on those actions; stresses the role of journalism and the free flow of information as essential to the EU’s efforts to contain the COVID-19 pandemic; points out that journalism plays a crucial function at a moment of public health emergency, and that as media freedom is curtailed, similar tactics are deployed to restrict other freedoms of expression used by other actors to legitimately scrutinise government decisions and actions, notably artists;
Amendment 193 #
2020/2009(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to urgently introduce EU and national emergency recovery packages to protect the jobs and livelihoods of journalists and media workers, support companies and fund public service media through the COVID- 19 crisis; stresses that in the face of the pandemic and its aftermath; stresses that European citizens need professional, economically secure and independent journalists; reiterates in this context, also in the face of the pandemic; reiterates its call for the creation of a permanent European fund for journalists in the framework of the next MFF (2021- 2027), as redrafted following the COVID- 19 crisis, offering direct financial support for independent journalists and media outlets, including female journalists, freelancers and self-employed media workers; recalls that a special focus should also be given to independent media startups, particularly local, in Member States where media freedom has worsened during last years, media ownership concentration increased significantly and public service media are under threat of political influence;
Amendment 198 #
2020/2009(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that press freedom should be a priority for the European Commission and that a coherent EU Media Freedom and Independence Strategy should be established; recalls the urgent need to have permanent budget lines and financial support for investigative journalism and urges the Commission to step up efforts to move forward in this direction;
Amendment 201 #
2020/2009(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
Amendment 205 #
2020/2009(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Condemns all types of incidents of hate crime and hate speech both offline and online motivated by racism, xenophobia or religious intolerance, or by bias against a person’s disability, sexual orientation, gender identity, sex characteristics or minority status that occur regularly within the EU;
Amendment 210 #
2020/2009(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. CDeplores the increasing levels of hate speech across the EU; calls on the Member States to strongly condemn and sanction hate crime, hate speech and scapegoating by politicians and public officials, at all levels and on all types of media, as these phenomena directly normalise and reinforce hatred and violence in society; stresses that sanctions should always be in compliance with the international standards of freedom of expression;
Amendment 217 #
2020/2009(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates its call on the Member States to take further measures to prevent, condemn and counter hate speech and hate crime, so as to fight organisationscounter thate spread of hate speech and violence in public spacesoffline and online;
Amendment 222 #
2020/2009(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes note of the Code of Conduct on Countering Illegal Hate Speech Online, promoted by the Commission, and of its fourth evaluation round, from which it emerge; recalls that journalists and civil society organisations should be systematically included in evaluations and reviews of the Code of Conduct; recalls that the IT companies part of the Code of Conduct only review requests for removal against their rules and community guidelines; highlights that the IT companies are removing on average 72 % of thcontent they deem to be illegal hate speech upon notified to themcation;
Amendment 226 #
2020/2009(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that Member States must ensure, by all appropriate means, that the media, including online and social media, as well as advertising, are free from all incitement to violence or hatred directed against any person or group of persons; points out that xenophobia is, hatred on grounds of ethnic origin and anti-Muslim hatred are among the most commonly reported ground of hate speech; reiterates its call on the Commission, the Member States and social media companies to counteract the spread of racism, xenophobia and, LGBTI-phobia and religious hatred on the internet, in cooperation with the relevant civil society organisations;
Amendment 228 #
2020/2009(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Expresses its concern about the lack of reporting of hate crimes by victims owing to inadequate safeguards and to the failure of authorities to investigate properly and to end impunity for hate crimes in the Member States; calls on the Member States to develop and disseminate tools and mechanisms for reporting hate crimes and hate speech, and to ensure that any case of alleged hate crime or hate speech is effectively investigated, prosecuted and tried;
Amendment 230 #
2020/2009(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Underlines the key role of civil society organisations in fostering media literacy and helping to prevent the spread of hate speech; recalls that programs that have been deemed as utilizing effective strategies to combat hate crime and hate speech are focused on cooperation, communication, conflict resolution, problem solving, mediation, and bias awareness;
Amendment 234 #
2020/2009(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the new digital environmentdigital technology and the social media hasve exacerbated the problem of the spread of disinformation and has resulted in online platforms playing an influential role in publishing, disseminating and promoting news and other media content; reiterates its concern about the potential threat disinformation poses to the freedom to information, the freedom of expression and the independence of the media;
Amendment 242 #
2020/2009(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that online platforms are part of the online public sphere where public debate take place; calls on the Commission to ensure safeguards for platforms to respect fundamental rights and freedom of speech;
Amendment 251 #
2020/2009(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that political profiling, disinformation and manipulation of information may beis often used by political parties and private or public entities, and reiterates its concern about the fact that evidence of interference is continuously coming to light, oftsometimes even with indications of foreign influence, in the run- up to all major national and EU elections, with much of this interference benefiting anti-EU, extreme right-wing and populist candidates and targeting specific minorities and vulnerable groups;
Amendment 264 #
2020/2009(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that different forms of misinformation and disinformation, as well as other forms of information manipulation relating to, inter alia, the COVID-19 pandemic, continue to proliferate around the world and have potentially harmful consequences for public security, health and effective crisis management; recalls that all measures to combat disinformation, including those taken in the context of the COVID-19 emergency, need to be necessary, proportionate and subject to regular oversight, and may under no circumstances prevent journalists and media actors from carrying out their work or lead to content being unduly removed, or access blocked on the internet;
Amendment 269 #
2020/2009(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Commission’s initiative to present a European Democracy Action Plan that aims to counter disinformation and to adapt to evolving threats and manipulations, as well as to support free and independent media; emphasises in this respect that protecting free and independent mediadom of expression, including free and independent media and artistic freedom, fundamental rights content and democratic debate while combating hate speech and disinformation is a fundamental factor in terms of the defence of the rule of law and democracy in the EU; asks for the set-up of a digital and fundamental rights multi-stakeholders experts group encompassing independent medias, digital and human rights NGOs in order to assist the EU institutions and the Commission;
Amendment 275 #
2020/2009(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reminds the Commission and the Member States as well as the private sector, in particular online platforms, and civil society as a whole of the need for joint action when it comes to the fight against disinformation, and acknowledges the positive impact; calls for regular impact assessments of the voluntary actions taken by service providers and platforms to counter disinformation as well as education policies promoting media and information literacy empowering citizens’ critical thinking; insists ofn the voluntary actions taken by service providers and platforms to counter disinformationMember States’ obligations to respect, protect and guarantee fundamental rights and requests to assess all options in hands to protect and realise the right to information and participation; warns against the risks of relying on algorithms and policies profiling users and sponsoring/blocking contents based on a subjective appreciation of what constitutes a political debate on what constitutes truth without counterweights and oversights; urges the Commission to step up efforts to increase EU funding for media literacy programmes;
Amendment 285 #
2020/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses that the business model of the advertising industry, based on micro- targeted advertising, and product of pervasive online tracking of individuals across sites and applications, is a major concern; recalls the urgent need to reform the business model behind dominant platforms;
Amendment 25 #
2019/2169(INI)
Motion for a resolution
Citation 25
Citation 25
— having regard to the Beijing Declaration and Platform for Action, as well as the declarations adopted in the framework of the UN Summits Beijing +5, Beijing +10, Beijing +15 and Beijing +20nd the outcomes of its review conferences,
Amendment 26 #
2019/2169(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
— having regard to the International Conference on Population and Development (ICPD), its Programme of Action, and the outcomes of its review conferences,
Amendment 27 #
2019/2169(INI)
Motion for a resolution
Citation 25 b (new)
Citation 25 b (new)
— having regard to the United Nations 2030 Agenda for Sustainable Development and its related Sustainable Development Goals,
Amendment 28 #
2019/2169(INI)
Motion for a resolution
Citation 25 c (new)
Citation 25 c (new)
— having regards to the UNFCC Paris Agreement of 2016 and the Enhanced Lima work programme on gender and its Gender Action Plan of December 2019,
Amendment 45 #
2019/2169(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas women face intersecting inequalities and discrimination, including linked to their race, ethnic or social origin, sexual orientation, gender identities and expression, religion or belief, residence status, disability and efforts must address all forms of discrimination to achieve gender equality for all women; whereas EU policies have not deployed until now an intersectional approach and have focused only on the individual dimension of discrimination, which downplays its institutional, structural and historical dimensions; Whereas applying an intersectional analysis not only allows us to understand structural barriers, but also offers evidence to create benchmarks and set a path towards strategic and effective policies against systemic discrimination, exclusion and social inequalities;
Amendment 111 #
2019/2169(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the Anti-Discrimination Directive which would provide a greater scope of protection through a horizontal approach remains blocked in the Council for more than a decade;
Amendment 115 #
2019/2169(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the impact of climate change is experienced differently by women, as they are more vulnerable and face higher risks and burdens for various reasonsclimate crisis is exacerbating gender inequalities and makes it harder to achieve gender justice; whereas the impact of climate change is experienced differently by women, as they face higher risks and burdens for various reasons, ranging from unequal access to resources, education, job opportunities and land rights, to existing social and cultural norms and stereotypes, reducing their possibilities to protect themselves against the impacts of climate change; whereas gender equality and the inclusion of women in decision-making is a prerequisite for sustainable development and the efficient management of climate challenges; whereas to achieve an equitable, sustainable and just transition all climate action must include a gender- and an intersectional perspective;
Amendment 123 #
2019/2169(INI)
Motion for a resolution
Recital I
Recital I
I. whereas access to comprehensive and age-appropriate information, and to sex and relationship education, as well as access to sexual and reproductive healthcare, are essential to achieving gender equalitythe realization of sexual and reproductive health and rights are essential to achieving gender equality including access to comprehensive sexuality and relationship education, contraception, safe and legal abortion care, and high-quality, affordable, accessible and available healthcare services; whereas comprehensive sexuality and relationship education is key to address gender norms and prevent all forms of gender-based violence;
Amendment 145 #
2019/2169(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas women have been at the forefront of the fight against the Covid-19 pandemic and the present crisis is having a disproportionate impact on women, girls and gender equality; whereas these impacts range from a worrying increase on gender based violence, restricted access to sexual and reproductive health and rights to massive economic and work impacts for healthcare workers, caregivers and workers in other feminised and precarious sectors;
Amendment 161 #
2019/2169(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the adoption of the Commission communication entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’, delivered on time within the first 100 days of the new Commission, as a strong sign for political engagement with European gender equality policies and as a decisive, clear and ambitious policy framework to counter attacks onfurther realise women’s rights and gender equality and counter attacks against them; underlines the importance of the chosen dual approach, consisting of targeted measures and the consistent application ofmmitment to consistently implement gender mainstreaming and intersectionality as cross-cutting principles, and welcomes the strong link between the areas of work and the elimination of stereotypes, gender biases and discrimination;
Amendment 167 #
2019/2169(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the announcement of several complementary strategies on Disability, LGBTI+ and Roma and calls for a strategic framework to connect them, and for an intersectional approach to be adopted in all of them; Reiterates the need to step up specific measures to guarantee the non-discrimination, equality and protection of structurally underrepresented women and disadvantaged groups; Reminds the Commission that further efforts in this direction are needed;
Amendment 174 #
2019/2169(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Regrets that the strategy remains vague on the issue of timelines for several, highly welcomed, measures and that it does not set concrete gender equality targets to be achieved by 2025 nor clear monitoring tools; calls, therefore, on the Commission to establish concrete timeframes, responsibilities, a yearly review and monitoring mechanism and additional targeted actions,; Calls as well as guidelinesto put forward guidelines and a roadmap on how to implement the intersectional approach effectively; and gender mainstreaming, including gender budgeting effectively and to develop specific indicators, targets, monitoring tools as well as to allocated human and financial resources to ensure they are properly and systematically integrated in all EU policy making;
Amendment 183 #
2019/2169(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission, in partnership with Member States, to monitor and work towards the full implementation of the Beijing Platform for Action, the ICPD Programme for Action and the outcomes of their review conferences, and of all the SDG targets, including targets 3.7 and 5.6, both within and outside the EU, using indicators in line with the UN global indicator framework for the SDGs;
Amendment 194 #
2019/2169(INI)
Motion for a resolution
Subheading 2
Subheading 2
Eliminating violence against women and gender-based violence
Amendment 201 #
2019/2169(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the Commission’s plan to continue pushing for the EU-wide ratification of the Istanbul Convention; underlines, in this context, the need for specific measures to address the existing disparities between Member States; draws attention, however, to the fact that several attempts to convince reluctant Member States have already failed; warmly welcomes, therefore, the Commission’s intention to propose measures in 2021 to achieve the objectives of the Istanbul Convention if the EU’s accession remains blocked; calls for preparatory actions for the launch of additioncalls for this to be done in paral legally binding measures to eliminate violence against womenl with the EU’s accession negotiations; very much welcomes the planned extension of definitions of areas of particularly serious crime under Article 83(1) of the TFEU, but cto specific forms of gender-based violence under Article 83(1) of the TFEU and looks forward to this in 2021; Calls foron the inclusion of all forms of gender-based violence, in order to take a proactive approach and lay the groundwork for an EU directive on this issuCommission to urgently start for preparatory actions for the launch of a comprehensive legally binding measures to eliminate violence against women including cyber violence and online hate speech against women, using this new legal basis; Recalls these new legislative measures should be complementary to the ratification of the Istanbul Convention, but in any case an alternative;
Amendment 204 #
2019/2169(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Condemns the campaign against the Istanbul Convention that targets violence against women and its misinterpretation; is worried about the rejection of the zero-tolerance norm for violence against women and gender-based violence, for which there is a strong international consensus; indicates that the very essence of the principles of human rights, equality, autonomy and dignity is being questioned; calls on the Council to conclude the EU’s ratification and full implementation of the Istanbul Convention and to advocate its ratification by all the Member States;
Amendment 220 #
2019/2169(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the scope and impact of violence and harassment in the workplace; points out that informal carers, domestic workers and farm workers in particular lack protection and therefore calls on the Member States to adopt International Labour Organisation (ILO) Conventions 190 and 189, in order to strengthen the rights of workers, especially women, in the informal economy and to ensure that complaints and grievance mechanisms are independent, confidential, accessible and effective for all women without discrimination of any kind and that specific measures are put in place to protect complainants from employer retaliation and repeat victimisation;
Amendment 240 #
2019/2169(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to present the long-awaited EU strategy on the eradication of trafficking in human beings and underlines the need for a clear gender focus, as women and girls are the most affected and are trafficked for diverse purposes ofbut in particular for sexual exploitation; insists on the importance of including measures and strategies to reduce demandtaking a comprehensive and rights-based approach to eradicate trafficking and calls on the Commission to closely monitor the implementation of the Anti- trafficking Directive by Member States; Urges the Commission to appoint without further delay the new Anti-trafficking Coordinator;
Amendment 245 #
2019/2169(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Asks the Commission to put forward without delay a proposal for a review of the Victims' Rights Directive with a view to strengthening the rights of victims of gender-based violence, and anticipates the new Victims' Rights Strategy to include the importance of combating gender-based violence;
Amendment 292 #
2019/2169(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Reminds ones again to put a stronger focus on gender equality within the different phases of the European Semester process and calls for the introduction of a gender equality pillar and an overarching gender equality objective in the successor of the Europe 2020 strategy; Urges to incorporate clear gender equality indicators and developing statistical methods and analysis for monitoring progress on gender equality with an intersectional perspective in the country-specific challenges identified in the Social scoreboard;
Amendment 309 #
2019/2169(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges the Commission to campaign for more women in economic decision- making positions by highlighting the economic and societal advantages thereof, and sharing best practices, in order to break the deadlock on the Women on Boards directive and to develop a strategy with Member States for meaningful representation of women from diverse backgrounds in decision-making roles, including in all EU Institutions;
Amendment 327 #
2019/2169(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to step up their efforts in putting forward concrete measures and specific funds to combat the feminisation of poverty and of precarious work, with a particular focus on those women facing multiple forms of discrimination;
Amendment 344 #
2019/2169(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates the importance of gender mainstreaming as a systematic approach to achieving gender equality; welcomes, therefore, the Commission’s newly established task force on equality and calls for this task force to periodically report to the FEMM committee about its work; underlines the importance of transparency and the involvement of women’s rights and civil society organisations; Calls for members of the task force to be adequately trained and resourced; urges the Commission to incorporate provisions making the consideration of inputs from the task force compulsory for Directorates- General and develop training for all staff and processes to monitor and assess the gender-responsiveness of the processes and policy outcomes;
Amendment 350 #
2019/2169(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 359 #
2019/2169(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges that gender mainstreaming be incorporated into EU environmental and climate policies, such as the Green Deal, that financial and institutional support, gender expertise andIs deeply concerned about the fact that the Green New Deal and related initiatives do not include a gender perspective nor any reference to gender equality; Urges that gender mainstreaming be incorporated into EU environmental and climate policies, such as the Green Deal and that all these policies must be informed by rigorous gender impact assessments to ensure that they address existing gender inequalities and other forms of social exclusion; Calls on the Commission to step up financial and institutional support to promote gender just climate action and stablish strong policy measures to encourage the equal participation of women in decision-making bodies and national- and local-level climate policy be guaranteed, and that recognition and support be given to women and girls as agents for change;
Amendment 365 #
2019/2169(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the European Commission to design a roadmap to deliver on the commitments of the renewed Gender Action Plan agreed at COP25 and to appoint a permanent EU gender and climate change focal point, with sufficient budget resources, to implement and monitor gender- responsible climate action in the EU and globally;
Amendment 382 #
2019/2169(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the EU to adopt an intersectional and gender equality perspective to respond to the COVID-19 crisis and to allocate substantial funding of the Recovery and Resilience Instrument on women’s jobs and the advancement of women’s rights as well as gender equality;
Amendment 388 #
2019/2169(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reiterates the need for a regular exchange of best practices between Member States and the Commission and stakeholders including civil society organisations on gender aspects in health, including guidelines for comprehensive sexuality and relationship education, sexual and reproductive health and rights (SRHR) and gender- sensitive responses to epidemics and sexual and reproductive health and rights (SRHR); calls on the Commission; calls on the Commission for further measures and support to guarantee SRHR during the implementation of the present strategy and to include SRHR in its next EU Health Strategy, and; Calls on the Commission to support Member States in strengthening their health systems, providing high- quality and low-threshold access to healthcare services; universal access for all regardless of economic, residence or other status to all healthcare services and to reduce disparities in access to healthcare services including SRHR services between and within Member States;
Amendment 403 #
2019/2169(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Demands support for women’s rights defenders and women’s rights organisIs deeply concerned about the attempts to further criminalise abortion care and undermine young people's access to comprehensive sexuality educations in the EU and worldwidePoland and about the adopted reform that attacks transgender and intersex rights in Hungary; calls for continuous monitoring by the Commission of the state of play in relation to women’s rights and disinformation on gender equality policiesgender equality, including disinformation and retrogressive initiatives that would undermine them in all Member States and for an alarm and response system to highlight regressionand condemn regression as matters of democracy and fundamental rights; calls on the Commission to support studies analysing the impact of attacks and disinformation campaigns on women’s rights and gender equality, and calls on the Commission to analyse their root causes, developand strengthen its efforts to counter them developing targeted actions including fact checks and, counter-narratives and awareness-raising campaigns;
Amendment 409 #
2019/2169(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Demands strengthened support for women’s rights defenders and women’s rights organisations in the EU and worldwide, including organisations working on sexual and reproductive health and rights and LGBTI+, through increased and earmarked financial support in the next MFF; Calls on the European Commission to carry out a global campaign against the increasing attacks they suffer and to secure the release of human rights defenders, putting a special attention on women’s rights defenders; calls for the immediate introduction in the EU Guidelines on Human Rights Defenders of an annex aiming to recognise and develop additional strategies and tools to better and more effectively respond and prevent the specific situation, threads and risk factors faced by women’s human rights defenders;
Amendment 416 #
2019/2169(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for coherence between and the mutual reinforcement of the EU’s internal and external policies on the principles of intersectionality, gender mainstreaming and gender equality, countering gender stereotypes and norms, as well as harmful practices and discriminatory laws, and promoting women’s equal enjoyment of the full range of human rights, through external relations;
Amendment 419 #
2019/2169(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for the swift and timely adoption of the new Gender Action Plan III by the European Commission to be ready to start its implementation in 2021; Stresses that this document needs to take the form of a Communication and to be accompanied by clear, measurable, time- bound indicators of success, including an allocation of responsibility for different actors; Calls for the new Action Plan to maintain the 85% target for all new programmes to contribute to gender equality and to stablish a new 20% target for the programmes to have gender equality as a principal objective; Demands in this sense that the new NDICI prioritises gender equality and women’s rights across geographic and thematic programmes;
Amendment 431 #
2019/2169(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Council to adopt Council Conclusions to approve the Gender Equality Strategy and identify concrete actions to implement it;