32 Amendments of Abir AL-SAHLANI related to 2022/0426(COD)
Amendment 46 #
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 perspectivand disability perspective, as well as the perspective of the best interest of the child, as set out in the 1989 United Nations Convention on the Rights of the Child. This includes both preventive measures, as well as protective and supportive ones for child victims of trafficking, in particular for 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 47 #
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 perspectivand disability perspective, as well as the perspective of the best interest of the child, as set out in the 1989 United Nations Convention on the Rights of the Child. This includes both preventive measures, as well as protective and supportive ones for child victims of trafficking, in particular for 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 57 #
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. In addition, according to Europol, children are considered to be one of the most vulnerable groups targeted by organised criminal groups involved in trafficking of human beings1b. Often, these children are exploited by forcing them into committing criminal activities. To this end, the trafficking of children into committing criminal activities should also be included in the forms of exploitation explicitly listed in the Directive. _________________ 1b https://www.europol.europa.eu/media- press/newsroom/news/fighting-child- trafficking-main-priority-for-eu-law- enforcement
Amendment 58 #
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. In addition, according to Europol, children are considered to be one of the most vulnerable groups targeted by organised criminal groups involved in trafficking of human beings1a. Often, these children are exploited by forcing them into committing criminal activities. To this end, the trafficking of children into committing criminal activities should also be included in the forms of exploitation explicitly listed in the Directive. _________________ 1a https://www.europol.europa.eu/media- press/newsroom/news/fighting-child- trafficking-main-priority-for-eu-law- enforcement
Amendment 64 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
Amendment 65 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Institution-related trafficking refers to when children are exploited by placing, keeping and accommodating them in institutional care settings against their will, with the purpose to profit from the exploitation of the children. The entity or entities performing the trafficking convert the institutions into profitable activities by setting up structures where they receive funds from governments of the Member State they are settled in or from others, as well as donors from third countries, to finance the operations of the institutions1a. Considering that where the purpose of involuntarily placing children in institutions is to enable gainful financial activities stemming from this exploitation, and that the funding of institutions originates from multiple sources, often located outside the Member State where the institutions is settled, trafficking of children into institutions should also be added as a form of exploitation explicitly listed in the Directive, as it has a clear cross-border element. _________________ 1a https://lumos.contentfiles.net/media/docu ments/document/2021/12/LUMOS_Cycles _of_exploitation.pdf p. 7, 49, 80
Amendment 78 #
(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. When dealing with child victims, particularly girls, the mechanisms should provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive.
Amendment 79 #
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. When dealing with child victims, the mechanisms should provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive.
Amendment 84 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Refugees, asylum seekers, displaced persons and stateless persons are widely noted to be vulnerable to exploitation. Lack of income and material deprivation, isolation from family and other social support and lack of status are risk factors to become a victim of human trafficking. It is therefore crucial to ensure that these persons have adequate access to apply for asylum and are protected by the principle of non- refoulement.
Amendment 91 #
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 which are the objects of exploitation with the knowledge that the person is a victim of an offence concerning trafficking in human beings. 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. However, considering that crimes of trafficking vary to a great extent, the provisions on the criminalisation of these crimes should also be adapted and differentiated accordingly. In particular, criminalising the purchase of sexual services which are the objects of exploitation with the knowledge that the person is a victim of an offence defined as an exploitation in Article 2 of this Directive would not achieve one of the main purposes of this Directive, namely to reduce demand. Considering that prostitution should be seen as an exploitation regardless of the circumstances under which the sexual service was provided to the person purchasing it, it is necessary to differentiate between the purchase of such services and the purchase of other services that are the objects of an exploitation with the knowledge that the person is a victim of trafficking.
Amendment 97 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
Amendment 98 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Persons with any type of disability are at an increased risk of becoming victims of trafficking. Perpetrators may view and target them in particular due to their increased vulnerability and the barriers they face in accessing justice. Considering that the Member States of the European Union are parties to the United Nations’ Convention on the rights of Persons with Disabilities, they should take extra consideration when providing support measures to victims of trafficking with disabilities, and that civil servants have received adequate training to assist the victims in a disability-friendly manner. Legal processes should also be adapted to meet the needs of victims of trafficking with disabilities, to ensure they can participate equally in the processes.
Amendment 102 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) However, for other types of exploitation of victims of trafficking as set out in this Directive and not already mentioned in Recital 9 or 9a of this Directive, a person should only be liable of a criminal offence if they purchase services which are the objects of exploitation with knowledge that the person is a victim of trafficking.
Amendment 103 #
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9c) Persons with any type of disability, in particular girls with disabilities, are at an increased risk of becoming victims of trafficking. Perpetrators may view and target them in particular due to their increased vulnerability and the barriers they face in accessing justice. Considering that the Member States of the European Union are parties to the United Nations’ Convention on the rights of Persons with Disabilities, they should take extra consideration when providing support measures to victims of trafficking with disabilities, and that civil servants have received adequate training to assist the victims in a disability-friendly manner. Legal processes should also be adapted to meet the needs of victims of trafficking with disabilities, to ensure they can participate equally in the processes.
Amendment 126 #
Proposal for a directive
Recital 12
Recital 12
(12) The Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the respect and protection of human dignity, the prohibition of slavery, forced labour and trafficking in human beings, the right to the integrity of the person, the prohibition of torture and inhuman or degrading treatment or punishment, the right to liberty and security, the protection of personal data, the freedom of expression and information, the freedom to choose an occupation and right to engage in work, thegender equality between women and men, the rights of the child, the rights of persons with disabilities, and the prohibition of child labour, the right to an effective remedy and to a fair trial, the principles of legality and proportionality of criminal offences and penalties. In particular, this Directive seeks to ensure full respect for these rights and principles, which are to be implemented accordingly.
Amendment 129 #
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” is added at the end of the paragraph or trafficking of children into institutions” is added at the end of the paragraph, and "including exploitation of children to commit or participate in criminal activities" is added after "or the exploitation of criminal activities".
Amendment 130 #
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” is added at the end of the paragraph or trafficking of children into institutions” is added at the end of the paragraph, and "including exploitation of children to commit or participate in criminal activities" is added after "or the exploitation of criminal activities".
Amendment 168 #
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 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 victims of human trafficking are not detained, charged, prosecuted or imposed fines upon for the illegality of their entry into or residence in Member States of transit or destination or other breaches of immigration law, or for their involvement in unlawful activities to the extent that such involvement is a direct consequence of being subjected to any of the acts referred to in Article 2. 2. Member States shall ensure that procedures and processes are in place for receipt and consideration of asylum claims from victims of human trafficking and that the principle of non-refoulement is respected and upheld at all times, regardless of the illegality of entry into or residence in Member States of transit or destination or other breaches of immigration law and regardless of the status of the person, such as undocumented or stateless.
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 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. In addition, when dealing with child victims, in particular, girls, the referral mechanisms shall provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive.
Amendment 193 #
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. 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. In cases involving children and child victims, the referral mechanisms shall provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive
Amendment 196 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. In Article 11, the following paragraph is inserted: “4a. Member States shall take the necessary measures to ensure identification and referral of victims of human trafficking by relevant State authorities and officials such as police, border guards, immigration officials and others involved in the detection, detention, reception and processing of irregular migrants, refugees. asylum seekers, displaced persons and stateless persons, to permit the rapid and accurate identification of victims of human trafficking.
Amendment 246 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
Article 18
Offences concerning the use of services which are the object of exploitation with knowledge that the person is a victim of an offence concerning trafficking in human beingsrelated to the purchase of sexual services, the purchase of human organs, the purchase of services which derive from slavery
Amendment 249 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18 – paragraph 1
Article 18 – paragraph 1
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.the following as criminal offences;
Amendment 254 #
1a. Exploitation through the purchase of sexual services, as set out in Article 2 of this Directive. This includes soliciting, accepting or obtaining any sexual relation from a person in prostitution, in exchange for immediate or a promise of remuneration or any type of remuneration that is not of a financial nature, or the promise of such a remuneration;
Amendment 257 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
Article 18
1b. Exploitation through the removal of human organs from a living or deceased donor, in exchange for a remuneration or any type of remuneration that is not of a financial nature, to the living donor or a third party, as set out in Article 2 of this Directive;
Amendment 258 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
Article 18
1c. Exploitation through the purchase of services which derive from slavery, servitude or practices similar to slavery, as set out in Article 2 of this Directive;
Amendment 259 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
Article 18
1d. Offences concerning the use of services which are the object of exploitation with knowledge that the person is a victim of an offence concerning trafficking in human beings
Amendment 260 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
Article 18
1e. The purchase of services which are the objects of exploitation with knowledge that the person is a victim of trafficking as related to any type of exploitation referred to in Article 2, except for the provisions set out in subparagraph (a), (b) and (c) of this Article;
Amendment 261 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
Article 18
2. Member States shall take the necessary measures to ensure that an offence as established in accordance with paragraph 1 is(a), (b), (c), and (e) are punishable by effective, proportionate and dissuasive penalties and sanctions.
Amendment 278 #
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, sex, age groups (child/adult), if the victim was an unaccompanied minor, citizenship, and form of exploitation and, if applicable, disability and other relevant vulnerabilities;
Amendment 279 #
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, sex, age groups (child/adult), if the victim was an unaccompanied minor, citizenship, and form of exploitation and, if applicable, disability and other relevant vulnerabilities;
Amendment 289 #
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 g
Article 19 a – paragraph 2 – point g
(g) the number of suspects, persons prosecuted and convicted for offences referred to in Article 18a, 1(a), (b), (c), and (e) disaggregated by sex and age groups (child/adult).