69 Amendments of Fabienne KELLER related to 2019/2199(INI)
Amendment 60 #
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to its resolution of 3 May 2018 on the protection of children in migration1a, __________________ 1a Texts adopted, P8_TA(2018)0201
Amendment 97 #
Motion for a resolution
Citation 40 a (new)
Citation 40 a (new)
– having regard to the resolution of the Parliamentary Assembly of the Council of Europe of October 2014 on the alternatives to immigration detention of children (RES 2020),
Amendment 116 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas persistent racist, xenophobic and homophobic attitudes are starting to be seen as normal in the Member States and are embraced by opinion leaders and politicians across the EU, fostering a social climate that provides fertile ground for racism, discrimination and hate crimes;
Amendment 129 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas hate speech and hate crimes motivated by intolerance from far- right and far-left extremisms are growing;
Amendment 135 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas an independent judiciary, freedom of expression and information and media pluralism are crucial components of the rule of law;
Amendment 166 #
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 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 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 171 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the values referred to in Article 2 of the TEU are in serious risk, whereas the development of education and training to foster critical thinking, to give tools to identify all forms of discrimination and intolerance and promote digital literacy, is crucial;
Amendment 185 #
Motion for a resolution
Recital C
Recital C
Amendment 193 #
Motion for a resolution
Recital D
Recital D
D. whereas many instances of disproportionate use of force against peaceful demonstrators continue to be reported across the EU, including the beating of demonstrators; whereas law enforcement authorities in some Member States such as Romania23 , Spain and France24 are increasingly using less lethal weapons, such as batons, tear gas, hand- held sting grenades, electroshock weapons, water cannons and rubber bullets to control or disperse crowds of demonstrators; whereas the number of persons seriously wounded in demonstrations in recent years as a result of the use of rubber bullets is particularly striking; __________________ 23European Parliament resolution of 13 November 2018 on the rule of law in Romania (Texts adopted, P8_TA(2018)0446) 24Commissioner for Human Rights of the Council of Europe, Shrinking space for freedom of peaceful assembly, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Memorandum on maintaining public order and freedom of assembly in the context of the ‘yellow vest’ movement in France, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Protection of the rights to freedom of expression and peaceful assembly during last week’s demonstrations in Catalonia, Council of Europe, Strasbourg, 2019;
Amendment 203 #
Motion for a resolution
Recital E
Recital E
Amendment 218 #
Motion for a resolution
Recital F
Recital F
F. wWhereas pushbacks constitute a violthe EU has an obligation ofunder EU and international law and prevent migrants from benefiting from the legal guarantees firmly laid down in such law; whereas the Council of Europe Commissioner for Human Rights expressed grave concern about consistent reports of violent pushbacks by Croatian law enforcement officials25 to help those who come to the EU seeking asylum; whereas the Council of Europe Commissioner for Human Rights also expressed concerns regarding the practice of ‘summary returns’ in the enclaves of Ceuta and Melilla in relation to the ECtHR cases N.D. v Spain and N.T. v Spain26 ; __________________ 25 Letter from the Commissioner for Human Rights of the Council of Europe to the Prime Minister of Croatia of 20 September 2018; Commissioner for Human Rights of the Council of Europe, Bosnia and Herzegovina must immediately close the Vučjak camp and take concrete measures to improve the treatment of migrants in the country, Council of Europe, Strasbourg, 2019 26Third party intervention by the Council of Europe Commissioner for Human Rights of 22 March 2018, N.D. v Spain and N.T. v Spain, CommDH(2018)11.grave concern about consistent reports of violent pushbacks;
Amendment 227 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas the significant shortcomings inherent in the European asylum system lead to the violation of the fundamental rights of individuals throughout their journey; highlights the problems of migrants’ access to rights, especially at the registration centres at the EU’s external borders; recalls that the European Parliament has adopted negotiating mandates on all of the Commission’s legislative proposals on the 2016 asylum package;
Amendment 233 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas access to justice is a fundamental right and impunity represents an important obstacle for recovery and protection of victims;
Amendment 257 #
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 onscrupulously respect the fundamental rights enshrined in the Charter when presenting proposals and making decisions;
Amendment 260 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the importance for the EU and its Member States to work out specific programmes aimed at ending child poverty;
Amendment 261 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Acknowledges the importance for Member States to adopt laws to safeguard and strengthen maternity and paternity rights in order to provide a healthy, stable environment for children, in particular during the first months of their lives;
Amendment 269 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the effects of austerity measureconomic policies have deeply impacted in the social fabric of the EU in many Member States and that this continues today – exacerbating alreadyand that European institutions and the Member States have the tools to avoid widening inequalities and breaching fundamental rights – and affects women, migrants, Roma, Travellers and other disadvantaged groups with a particular ferocity;
Amendment 274 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that citizens shall have equal opportunities to access jobs and that employment is, as general principle, the best way to lift people out of poverty;
Amendment 282 #
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 recommendatiand place among 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 costeir priorities of social policies the right to adequate housing for citizens, particularly amongto protect disadvantaged and vulnerable groups;
Amendment 290 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights Article 37 of the Charter, which affirms that measures to protect the environment must be integrated into the policies of the Union, and believes that this must be the guiding principle for all macroeconomic policies, above any other economic consideration to deal with the most significant threat facing humanity and to ensure that all people have the right to a futurethe environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union; emphasises the need of including relevant environmental concerns into the decision-making process of upcoming actions and policies and within the European semester (environmental mainstreaming);
Amendment 297 #
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Right to education
Amendment 298 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States to ensure the right to education for all children in the EU and the respect of the best interests of the child and protect them from any discrimination; points out that education systems with language immersion schemes may compromise learning, especially for those children with any disability involving language development problems, such as autism spectrum disorder (ASD);
Amendment 299 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Member States to ensure that migrant and refugee children are granted access to formal and informal education swiftly after their arrival in the European Union territory;
Amendment 300 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Member States to include in school curricula education about the value of tolerance, in order to provide children with the tools they need to identify all forms of discrimination and the features of hate speech and incitement to violence;
Amendment 301 #
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Highlights that children face new risks in the digital world and that they have to be educated about their fundamental rights to make this environment safer for them; calls on the Commission and the Member States to promote digital literacy, including media and information literacy, as a part of the basic education curriculum and from the earliest years of schooling;
Amendment 302 #
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses that political profiling, disinformation and manipulation of information represent a threat to the EU’s democratic values; calls on the Commission and the Member States to contribute to the development of education and training in critical thinking that citizens can form their own opinion to face these risks;
Amendment 309 #
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Condemns any discrimination based on any grounds, such as prejudice against someone’s 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 stated in Article 21 of the Charter, or any other form of intolerance or xenophobia and recalls Article 2 of the TEU;
Amendment 311 #
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Stresses that sexism and gender stereotypes, which have led discrimination against women, have a severe impact on women’s fundamental rights in all spheres of life;
Amendment 369 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Council to urgently conclude the EU ratification of the Istanbul Convention on preventing and combating violence against women and domestic violence, on the basis of a broad accession, without any limitation;
Amendment 373 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Emphasises that women face all types of gender-based discrimination in sport jobs; calls on the Commission and Member States to reinforce their commitment to end up with these practises;
Amendment 376 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Regrets the rise of number of cases of LGBTI people experiencing bullying and harassment and suffering from discrimination in different aspects of their lives;
Amendment 377 #
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Strongly condemns all discriminations against LGBTI people and their fundamental rights, including by public authorities and also the growing number of attacks and hate speech against the LGBTI community, motivated by homophobia and transphobia, that are currently on the rise across in the EU, including coming from the State, State officials, Governments at the national, regional and local levels, and politicians;
Amendment 380 #
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Calls on the Member States to implement the appropriate policies to ensure that the elderly can fully enjoy their social, political and economic rights to avoid their exclusion from society and ensure that life in old age is defined just as much by choice, control and autonomy as in other stages of life;
Amendment 382 #
Motion for a resolution
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Recalls that the UN Convention on the Rights of Persons with Disabilities (UNCRPD) is a legally binding international treaty, signed and ratified by the EU, the aim being to ensure equal opportunities regarding accessibility, participation, equality, employment, education and training, social protection, health, and EU external action; calls the Member States to implement the appropriate policies to ensure that people with disabilities can fully enjoy their social, political and economic rights;
Amendment 385 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 394 #
Motion for a resolution
Paragraph 8 – point a (new)
Paragraph 8 – point a (new)
(a) Considers that Member States should adopt an intersectional approach to combat all forms of discrimination against children, taking into account the vulnerability of – in particular, but not limited to – children with disabilities, migrant children, children with a migrant background, children from minorities and religious groups, LGBTI children, children of LGBTI parents, children of single parents and stateless or undocumented children, who are disproportionately discriminated against for many reasons and who therefore require a specialised approach to meet their specific needs
Amendment 406 #
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Racism, xenophobia and related intolerance
Amendment 412 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Condemns hate crime and hate speech motivated by racism, xenophobia or religious intolerance or prejudice against someone´s political or any other opinion, or by bias on the grounds of disability, sexual orientation, gender identity, sexual characteristics or minority status;
Amendment 420 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Emphasises that hate speech and hate crimes motivated by intolerance from far-right and far-left extremisms, are growing and must be addressed;
Amendment 425 #
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Condemns the normalisation of hate speech sponsored or supported by authorities, political parties or political leaders and reported by social media that is putting in risk the European values;
Amendment 430 #
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Calls on the Commission in this context to propose a recast of the Council Framework Decision on combating certain forms and expressions of racism, homophobia and xenophobia by means of criminal law in order to cover other forms of bias crime;
Amendment 436 #
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Emphasises the need to encourage victims to report hate crimes or discrimination, and to give them appropriate protection and support;
Amendment 452 #
Motion for a resolution
Subheading 3
Subheading 3
Freedoms of expression, information, association and media freedom
Amendment 467 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on public institutions to prevent and penalise attacks on journalists in the exercise of their work because of their language, media or editorial line;
Amendment 470 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Expresses its concern about the threat that fake news pose to freedom of speech and expression and to the independence of the media, while underlining the negative effects that the spread of false news might have on the quality of political debate and on the well- informed participation of citizens in democratic society; calls on the Commission to pursue its actions aimed at preventing these practises and guaranteeing data protection, transparency and cybersecurity;
Amendment 473 #
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Strongly condemns the increasing restrictions on freedom of assembly caused by intolerants during elections periods; reaffirms the crucial role of these fundamental freedoms in the functioning of democratic societies, and calls on the Commission to take an active role in promoting these rights in line with international human rights standards;
Amendment 476 #
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Emphasises the key role of whistle- blowers in safeguarding the public interest and in promoting a culture of public accountability and integrity in both public and private institutions; underlines the fact that whistle-blowing is an essential element for investigative journalism and media freedom;
Amendment 493 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes that children of LGBTI families and children of single parents, as well as their parents, are victims of human rights violations in the EU and are subject to restrictions on their freedom of movement within the EU as a result of the refusal of some Member States to recognise homosexual parenthood; urges, therefore, the Member States and the Commission to adopt laws that recognise the free movement of public documents and the mutual recognition of the effects of civil status documents in the European Union
Amendment 526 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Council and the Commission to resume, without delay, negotiations with the European Parliament on a reform of the European asylum policy, which respects the fundamental rights of individuals, especially minors.
Amendment 528 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to propose an urgent solution to resolve the flagrant cases of human rights violations in reception centres for refugees and migrants on European soil;
Amendment 530 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the Council and the Commission to close centres for registering asylum seekers on European territory, in which thousands of people at risk do not have access to basic services (healthcare, education, etc.) and are exposed to inhuman living conditions within the EU; calls, in parallel, for new centres to be opened to ensure a dignified reception at external borders, with support from the EU.
Amendment 531 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Urges the Commission and the Council to start the procedure to close the registration centres for asylum seekers based in European territory, where thousands of vulnerable people, including hundreds of children, have no access to basic services (health, education, etc.) and are subjected to intolerable subhuman conditions inside the EU;
Amendment 532 #
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Considers that each individual arriving at a registration centre for asylum seekers at the EU’s external borders should have access to a lawyer before any interview with a national or European authority, in order to inform them of the procedures in place (e.g. the asylum procedure) and of their rights;
Amendment 533 #
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Points out that almost a third of asylum seekers are children and are particularly vulnerable; calls on the EU and its Member States to step up their efforts to prevent unaccompanied minors from going missing and end up being victims of trafficking and sexual exploitation;
Amendment 537 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses grave concern about consistent reports of violent pushbacks by law enforcement officials in several Member States; calls on the Commission and the Member States to investigate the matter and take effective measures to ensure that such policies and practices are scrapped, including by putting on hold funds for border surveillance and ensuring the independent monitoring of border control activities by national ombudsmen and NGOs;
Amendment 539 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses grave concern about consistent reports of violent pushbacks by law enforcement officials in several Member States; calls on the Commission and the Member States to investigate the matter and take effective measures to ensure that such policies and practices are scrapped, including by putting on hold funds for border surveillance and ensuring the independent monitoring of border control activities by national ombudsmen and NGOs; calls on the Commission and the Member States to provide a broad framework to enable orderly migration and avoid pushing migrants to use irregular migration channels;
Amendment 547 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Reiterates that immigration detention of children is never in the child’s best interest in line with the New York Declaration for Refugees and Migrants, that children shall not be detained in the context of migration, and therefore calls on Member States to work out community-based alternatives to detention, as well as prioritising integration, education and psychological support;
Amendment 552 #
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Artificial intelligence and data protection
Amendment 554 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the EU institutions and the Member States to address the “digital gap” derived from the change of social paradigm introduced by the artificial intelligence and ensure the access to public administration and public services of all citizens, in particular those with disabilities, digital deficits or greater vulnerability; stresses that elderly people are one of the most affected groups by the “digital gap”;
Amendment 557 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses the importance for Member States to put in place specific measures to grant all migrant children, swiftly after their arrival, access to education, language learning, healthcare, good living conditions and, when unaccompanied or separated, to have a guardian;
Amendment 562 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Express concern about the risk of complexity of algorithms that may lead to bias, since algorithms apply their bias more consistently than humans do; points out that biased data can lead to biased outputs and to discrimination based on social, economic, ethnic, racial, sexual, gender, disability status or other factors;
Amendment 564 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Highlights that further safeguards to ensure privacy and data protection are needed in light of the development of new technologies; notes that, aside from ethical implications from emerging technologies such as Artificial Intelligence (AI) and big data, fundamental rights need to be considered;
Amendment 575 #
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Regrets the lack of ambitious actions, from the Commission and the Council, regarding the respect of rule of law in the European Union ; calls on the Commission and the Council to make full use of the tools available to address a clear risk of a serious breach of the rule of law and to move forward with the Article 7 on-going procedures and to present the EU mechanism on democracy, the rule of law and fundamental rights, without delay;
Amendment 576 #
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Judicial cooperation and victims’ rights
Amendment 580 #
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Call on the Commission to provide Union citizens and residents with information about citizens’ rights to judicial redress and litigation routes in cases relating to violations of democracy, the rule of law and fundamental rights by national, regional, governments or EU institutions;
Amendment 583 #
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13f. Stresses the importance of ensuring effective prevention of infringements of fundamental rights as a tool to truly protect the rule of law in the EU; underlines the importance of Parliament sending ad hoc delegations to Member States when there is clear evidence of serious breaches of democracy, the rule of law and fundamental rights;
Amendment 600 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Points out that the access to justice and the right of defence are both, fundamental rights; the disrespect of any of them leads to impunity and injustice, respectively; stresses that fight against impunity has to be a priority for European and national institutions; calls on the EU institutions and the Member States to improve the effectiveness of the European instruments of judicial cooperation, in particular the European Arrest Warrant to ensure the equal protection of victims and suspects or accused persons;
Amendment 604 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Calls on the EU institutions and the Member States to setup legal mechanisms to criminalise the glorification of a specific act of terrorism and crimes against humanity, as it humiliates the victims and causes secondary victimisation by damaging the victims’ dignity and recovery;
Amendment 606 #
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Strongly condemns the upsurge in the trafficking of human beings and urges the Member States to increase cooperation and step up their fight against organised crime, including smuggling and trafficking in human beings, but also exploitation, forced labour, sexual abuse, and torture, all while protecting victims;