Activities of Clare DALY related to 2019/2199(INI)
Plenary speeches (2)
Situation of Fundamental Rights in the European Union – Annual Report for the years 2018-2019 (debate)
Situation of Fundamental Rights in the European Union – Annual Report for the years 2018-2019 (debate)
Reports (1)
REPORT on the situation of Fundamental Rights in the European Union - Annual Report for the years 2018 - 2019
Amendments (42)
Amendment 35 #
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– 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 law,
Amendment 56 #
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
– having regard to the FRA report entitled ‘Roma women in nine EU countries’,
Amendment 74 #
Motion for a resolution
Citation 32 a (new)
Citation 32 a (new)
– having regard to the FRA report entitled ‘Combating child poverty: an issue of fundamental rights‘,
Amendment 87 #
Motion for a resolution
Citation 35
Citation 35
– having regard to the decision of the European Court of Human Rights (ECtHR) of 19 December 2017 in Case A.R. and L.R. v Switzerland (22338/15), which affirmsed that comprehensive sexuality education is in the best interest of the child and is consistent with the legitimate interest of protecting children from sexual abuse and of protecting public health, meaning that parents dopursues the legitimate aims of protecting public health, protecting children from sexual violence, and preparing them for social realities; therefore did not nrecessarily have the right to opt their children out of sexualityognise an obligation on the part of Member States to allow parents to withdraw their children from such education,
Amendment 91 #
Motion for a resolution
Citation 37
Citation 37
Amendment 92 #
Motion for a resolution
Citation 38
Citation 38
– having regard to the resolution of the Parliamentary Assembly of the Council of Europe of 3 October 2019 on obstetrical and gynaecological violence (RES 2306) and the related report of the Committee on Equality and Non-Discrimination of the Council of Europe of 12 September 2019, in which the Assembly calls on the Council of Europe member States to combat gynaecological and obstetrical violence and provides recommendation on how to do so,
Amendment 108 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the EU 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, as set out in Article 2 of the Treaty on European Union and as reflected in the Charter and embedded in international human rights treaties; whereas the Charter is part of EU primary law;
Amendment 109 #
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas respect for the rule of law is a prerequisite for the protection of fundamental rights and whereas Member States have the ultimate responsibility of safeguarding the human rights of all people;
Amendment 111 #
Motion for a resolution
Recital A
Recital A
A. whereas the EU is not merely a monetary union, but also a social one, as enshrined in the Charter, the European Convention on Human Rights, the European Social Charter and the European Pillar of Social Rights and other legislation which focuses on the protection of human and fundamental rights in Europe; 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 121 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the European Commission Special Eurobarometer of March 2019 shows that awareness of the Charter remains low;
Amendment 127 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas in the years 2018 and 2019, the EU has faced serious and multifaceted challenges in relation to the protection of fundamental rights, the rule of law and democracy, which are all intrinsically connected;
Amendment 131 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the EU and the Member States have shared competencies in the area of housing; whereas both a national and an EU level strategy is needed; whereas housing is not a commodity, but a necessity, without which citizens cannot fully participate in society and access fundamental rights; whereas homelessness is a situation that deprives individuals of human rights, and is itself a violation of human rights; whereas there is an unacceptable trend of rising evictions and homelessness across the EU;
Amendment 136 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas the rise of precarious employment, such as involuntary part- time and fixed-term contract work, zero- hour contracts, unpaid internships and traineeships, ‘gig-economy’ work and ‘self-employment’ style contracts is deeply concerning; and whereas such forms of employment may not adequately respect the rights enshrined in Article 31 of the Charter, or the right of workers to engage in collective bargaining, which is an important tool for workers to secure their fundamental rights;
Amendment 141 #
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas the ECtHR has established that various types of environmental degradation can result in violations of human rights, such as the right to life, to private and family life, the prohibition of inhuman and degrading treatment, and the peaceful enjoyment of the home;
Amendment 145 #
Motion for a resolution
Recital A f (new)
Recital A f (new)
Af. whereas the present decade is witnessing a visible and organised offensive at the global and European level against gender equality and women’s rights, including sexual and reproductive rights;
Amendment 147 #
Motion for a resolution
Recital A g (new)
Recital A g (new)
Ag. whereas in recent years some Member States have sought to roll back on sexual and reproductive health and rights, such as existing legal protections for women’s access to abortion care, including the introduction of regressive pre-conditions before abortions can take place, such as mandatory biased counselling or waiting periods, not ensuring that barriers that impede access to abortion in practice are eradicated, as well as attempts to fully ban abortion or remove existing legal grounds for abortion; whereas, however, there have also been progressive liberalizing reforms in some Member States;
Amendment 168 #
Motion for a resolution
Recital B
Recital B
B. whereas Roma women are particularly affected as regards women’s rights and often face exacerbated forms of verbal, physical, psychological and racial harassment in reproductive health care settings, as has found to be the case in Bulgaria19 ; whereas Roma women have also experienced in that Member State, ethnic segregation in maternal health care facilities, and are placed in segregated rooms with segregated bathrooms and eating facilities20 ; whereas in some Member States, such as the Slovak Republic and the Czech Republic, Roma women have been subjected to systematic practices of forced and coercive sterilisation and have been unable to obtain adequate reparations, including compensation, for the resulting violations of their human rights21 ; __________________ 19Commissioner for Human Rights of the Council of Europe, Women’s Sexual and Reproductive Health and Rights in Europe, Council of Europe, Strasbourg, 2017, pp. 42-44; Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017 ; European Roma Rights Centre, Romani woman harassed by racist hospital staff during childbirth wins case, European Roma Rights Centre, 18 January 2017, http://www.errc.org/press-releases/romani- woman-harassed-by-racist-hospital-staff- during-childbirth-wins-case 20Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017. 21Committee on Economic, Social and Cultural Rights, Concluding observations on the third periodic report of Slovakia, 18 October 2019, E/C.12/SVK/CO/3, paras. 44-45; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined twelfth and thirteenth periodic reports of Czechia, 19 September 2019, CERD/C/CZE/CO/12-13, paras. 19-20; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined eleventh and twelfth periodic reports of Slovakia, 12 January 2018, CERD/C/SVK/CO/11-12, paras. 23-24; Human Rights Committee, Concluding observations on the fourth report of Slovakia, 22 November 2016, CCPR/C/SVK/CO/4, paras. 26-27.
Amendment 169 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas there has been an increase of hatred and discrimination targeting Muslims in Europe; whereas the FRA pointed out in its 2019 report that discriminatory institutional practices, policies and laws occurred in many countries; whereas there is a growing risk of a discriminatory impact of anti- terrorism policy on Muslim communities; whereas the FRA created in December 2018 the first dedicated data-base on anti- Muslim hatred;
Amendment 175 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. 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 181 #
Motion for a resolution
Recital B g (new)
Recital B g (new)
Bg. whereas freedom of expression and freedom and pluralism of the media are enshrined in Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights (ECHR); whereas media freedom, pluralism and independence are vital to the democratic functioning of the EU and its Member States;
Amendment 188 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 190 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas Article 11 of the ECHR and Article 12 of the Charter state that everyone has the right to freedom of peaceful assembly and to freedom of association, including the right to form and join trade unions for the protection of their interests; whereas in democratic societies, freedom of assembly is one of the instruments by which people can participate in the public debate and bring about social change;
Amendment 198 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 199 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the space for civil society is shrinking in certain Member States such as Hungary, Poland, Bulgaria and Romania; whereas Member States are responsible for ensuring that the rights of civil society organisations and human rights defenders are not restricted, and that a conducive legislative and regulatory environment is in place, as reinforced in the recently adopted Council conclusions on the Charter of Fundamental Rights after 10 Years: State of Play and Future Work; whereas Member States should also support the work of civil society organisations through sufficient funding and ensure that there are mechanisms for fruitful cooperation with them;
Amendment 200 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas in 2018 and 2019 it has been proven that major social media companies, in violation of existing data protection law, have granted third-party applications access to users personal data, and that personal data has been increasingly abused for behavioural prediction and manipulation, including for electoral campaigning purposes;
Amendment 232 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas corruption constitutes a serious threat to democracy, the rule of law and fundamental rights and harms all Member States and the EU as a whole; whereas the implementation of the anti- corruption legal framework remains uneven among Member States;
Amendment 254 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises that the EU plays an important role in preventing poverty and social exclusion in the Member States, and calls on the Commission and the Council to make macroeconomic decisions based on the fundamental rights enshrined in the Charter and to ensure that human rights impact assessments are conducted prior to, during and after their adoption, in order to assess any potential adverse impacts on human rights;
Amendment 281 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that housing is not a commodity, but a necessity, without which citizens cannot fully participate in society and access fundamental rights; calls on the Commission and the Member States to integrate the recommendations made by the Council of Europe Human Rights Commissioner in her comment of 23 January 2020 entitled ‘The right to affordable housing: Europe’s neglected duty’, particularly the recommendation that all Member States should promptly accept to be bound by Article 31 of the revised European Social Charter on the right to housing, and step up investment in social and affordable housing to eradicate the burden of high housing costs, particularly among disadvantaged and vulnerable group, particularly for disadvantaged and vulnerable groups; calls on the Commission to duly investigate discrimination in access to housing as prohibited under the Racial Equality Directive and the urgent launch of infringement proceedings in case of violations;
Amendment 296 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. 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 328 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates that women and girls must have control over their bodies and sexualities; calls on all the Member States to guarantee comprehensive sexuality education, ready access for women and girls to family planning, and the full range of sexual and reproductive and sexual health services, including modern contraceptive methods and safe and legal abortion;
Amendment 338 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Strongly affirms that the denial of sexual and reproductive health and rights services is a form of violence against women and girls and stresses that the ECtHR has ruled on different occasions that restrictive abortion laws and preventing access to legal abortion violates the human rights of women; reiterates that the refusal by medical professionals to provide the full range of reproductive and sexual health services on personal grounds must not infringe on the right of women or girls to access reproductive care; calls on the Commission to include the need to uphold sexual and reproductive health and rights in its Fundamental Rights Strategy, as well as in any mechanisms to monitor compliance with Article 2 TEU in the Member States;
Amendment 362 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Strongly condemns the ethnic segregation of Roma women in maternal health care facilities; calls on the Member States to immediately prohibit all forms of ethnic segregation in health facilities, including maternal health care settings; calls on the Member States to ensure effective and timely remedies for all survivors of forced and coercive sterilisation, including through the establishment of effective compensation schemes; and strongly condemns all forms of gynaecological and obstetrical violence;
Amendment 391 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Condemns hate crime and hate speech motivated by racism, xenophobia or religious intolerance, or by bias on the grounds of disability, sexual orientation, gender identity, sexual characteristics or minority status; also condemns hateful discourse by politicians;
Amendment 401 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 482 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. 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 484 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is deeply concerned about the increasingly shrinking space for independent civil society in some Member States; recalls the importance of ensuring adequate funding to support civil society activities; , in particular for women's rights organisations and human rights defenders, including unreasonable administrative burdens, limiting access to funding, as well as restrictions on freedom of assembly and organisation; recalls the importance of ensuring adequate funding to support the activities of civil society organisations working at national, regional and local level, including through the Rights and Values programme, the funding of which should be significantly increased, as previously asked for by the European Parliament;
Amendment 498 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes that new techniques harvesting personal data for behavioural prediction and manipulation have an increasing impact on fundamental rights of billions of people in the EU and around the globe, particularly the rights to privacy, data protection, information, and media freedom and pluralism; in that regard, urges private actors and competent authorities to ensure the full application of EU data protection law, and to ensure that individuals understand how their personal information is processed and for what purposes;
Amendment 504 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the Commission, the Council and the European Parliament to systematically use the data produced by FRA in policy making, particularly in the areas of rule of law, migration and asylum and Roma inclusion; also calls on the Commission to systematically use the data produced by FRA when making recommendations in the context of the European Semester;
Amendment 520 #
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. 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 544 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that the saving of lives is a legal obligation under international law and EU 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 574 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to monitor all Article 2 TEU violations, in particular those affecting fundamental rights, in the framework of its announced rule of law review cycle; reiterates the critical need for an EU mechanism on democracy, the rule of law and fundamental rights as proposed by Parliament, including an annual independent, evidence-based and non- discriminatory review assessing all Member States' compliance with Article 2 TEU;
Amendment 594 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls the obligation laid down in article 6 TEU to accede to the ECHR; calls the Commission to take the necessary steps to eliminate the legal barriers that prevent the conclusion of the accession process, and to present a new draft agreement for the accession of the EU to the ECHR providing positive solutions to the objections raised by the CJEU in Opinion 2/13 of 18 December2014; considers that its completion would introduce further safeguards protecting the fundamental rights of EU citizens and residents and provide an additional mechanism for enforcing human rights, namely the possibility of lodging a complaint with the ECtHR in relation to a violation of human rights derived from an act by an EU institution or a Member State implementing EU law, falling within the remit of the ECHR; is of the opinion that ECtHR case law will thus provide extra input for current and future EU action on the respect for, and promotion of, human rights and fundamental freedoms in the areas of civil liberties, justice and home affairs, in addition to the case law of the CJEU in this field;