Activities of Anna HEDH related to 2015/2118(INI)
Shadow opinions (1)
OPINION on the implementation of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims from a gender perspective
Amendments (44)
Amendment 1 #
Draft opinion
Citation 1 (new)
Citation 1 (new)
– having regard to 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,
Amendment 2 #
Draft opinion
Citation 2 (new)
Citation 2 (new)
– having regard to the 1948 Universal Declaration of Human Rights,
Amendment 2 #
Motion for a resolution
Citation 5
Citation 5
– having regard to Article 6 of the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) which seeks to combat all forms of traffic in women and the exploitation of the prostitution of women,
Amendment 3 #
Draft opinion
Citation 3 (new)
Citation 3 (new)
– having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),
Amendment 4 #
Draft opinion
Citation 4 (new)
Citation 4 (new)
– having regard to the UN Convention on the Rights of the Child of 20 November 1989,
Amendment 4 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime,
Amendment 5 #
Draft opinion
Citation 5 (new)
Citation 5 (new)
– having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),
Amendment 6 #
Draft opinion
Citation 6 (new)
Citation 6 (new)
– having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995, and to the subsequent outcome documents adopted at the United Nations Beijing +5, Beijing +10 and Beijing +15 special sessions and the Beijing +20 review conference,
Amendment 7 #
Draft opinion
Citation 7 (new)
Citation 7 (new)
– having regard to Article 5 of the Charter of Fundamental Rights of the European Union,
Amendment 9 #
Draft opinion
Recital A
Recital A
A. whereas over the three-year period 2010-2012, 69 % of registered victims of trafficking in human beings (THB) were trafficked for sexual exploitation, 19 % for forced labour, and 12 % for other forms of exploitation such as removal of organs or criminal activities; whereas women account for 67 % of registered victims of THB in this period, men for 17 %, girls for 13 % and boys for 3 %, also including transgender persons; whereas different forms of trafficking need to be addressed with specific and tailored policy measures;
Amendment 10 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas, as stated by the Joint UN Commentary on the EU Directive –A Human Rights-Based Approach (2011), several UN agencies recall that "trafficking in both men and women should be acknowledged, and the similarities and differences in the experiences of women and men in relation to vulnerabilities and violations should be addressed";
Amendment 17 #
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the demand for women, girls, men and boys in the prostitution industries is a decisive pull factor for THB for sexual exploitation; and whereas the demand for cheap labour and incapacity to uphold labour rights are pull factors for THB for labour exploitation;
Amendment 39 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on Member States to give particular attention to vulnerable groups, which naturally include children; reiterates that Member States must consider poverty, gender, disability, pregnancy, state of health, migration status and the fact of belonging to an ethnic minority as factors when assessing the vulnerability of a victim;
Amendment 40 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that greater consideration should be paid to the situation of transgender victims, who often experience discrimination, stigmatisation and threats of violence because of their gender identity; is of the opinion that transgender persons should be considered as a vulnerable group, particularly prone to fall into the hands of traffickers seeking to exploit their despair; believes this vulnerability factor should be taken into account when Member States conduct individual risk assessment so as to ensure victims of trafficking receive appropriate protection and care; calls on the Member States to provide adequate training for officials, likely to come into contact with victims or potential victims of trafficking in human beings, on the specificities of transgender victims, so as to be able to identify them more proactively and adapt assistance services to meet their needs;
Amendment 41 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Urges the Member States to ratify all relevant international instruments, agreements and legal obligations which will make the efforts to combat trafficking in human beings more effective, coordinated and coherent;
Amendment 42 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States and intergovernmental organizations to ensure that their interventions address the factors that increase vulnerability to trafficking, including inequality, poverty and all forms of discrimination;
Amendment 42 #
Motion for a resolution
Recital C
Recital C
C. whereas Directive 2011/36/EU (the directive) should be commended partly for its human rights- and victim-centred approach but also for its clear message that combating demand must be the highest priority;
Amendment 51 #
Motion for a resolution
Recital E
Recital E
E. whereas gender itself does not inherently create vulnerability, and there are many contributing factors to create a situation of vulnerability, including poverty, social exclusion and discriminat, on the basis of how various forms of discrimination and oppression are expressed, a person's gender expression functions as a background variable in the case of those exposed to discrimination, but at the same time gender expression is not the only factor at play in discrimination and oppression;
Amendment 55 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States and the European Commission to develop concrete measures to decrease the demand for women, girls, men, and boys in prostitution as a key strategy to prevent and decrease THB, in this context urges the Member States to fully implement Art. 18.4 and the European Commission to report back on the outcome;
Amendment 60 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Member States to make legal aid available to victims of trafficking not only in criminal proceedings, but also in civil, labour or immigration/asylum proceedings in which they are involved;
Amendment 63 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Stresses the importance of 'following the money' as a key strategy to investigate and prosecute the organised crime networks that profit from THB, and calls on Europol and Eurojust to reinforce its capacities in the field of combating THB; Member States should freeze and confiscate the assets of individuals involved in trafficking, the confiscated assets of persons convicted of trafficking offences should be used to support and compensate victims of trafficking;
Amendment 82 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on Member States to give clear information to victims with regards to the appropriate authorities or organisations to contact for information on their rights to assistance and health care, their right to a residence permit and their labour rights, their rights regarding access to justice and to a lawyer, and any possible compensation;
Amendment 101 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the EU to pay attention and make visible the new forms of trafficking and exploitation of human beings, including reproductive exploitation and trafficking in new-born children;
Amendment 103 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for a consistent approach to prosecution of offences related to human trafficking, and for Member States to step up their investigations and prosecutions; calls, in that regard, for Member States to increase cross-border cooperation and collaboration with the relevant EU agencies;
Amendment 104 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States to implement the principle of non- refoulement in their anti-trafficking directives as is the case in the UN Trafficking Protocol and the CoE Trafficking Convention and in accordance with States obligations under international refugee law and international human rights law;
Amendment 108 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the EU to provide through Eurostat estimations in its statistics on victims of trafficking in human beings, and not only registered victims, following the general pattern by UN agencies such as IOM, UNODC or ILO;
Amendment 110 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls for a stronger collaboration with online platforms on projects aimed at raising awareness of the risks of being targeted and recruited over the internet and via social networks;
Amendment 111 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that support for victimsindividually made-to- measure support for victims, according to need, plays an important role in prevention of THB, as victims who are well supported, are more able to recover from the trauma of their experience, assist in the prosecution of offenders and inform policy making, as well as avoid being re- trafficked;
Amendment 112 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Highlights that third country nationals victims of trafficking should be given the possibility to safe return, but also be entitled to residence permits, in order to ensure their proper access to justice, support and assistance;
Amendment 114 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Encourages national authorities and EU agencies to create, where relevant, joint investigation teams and involve Europol and Eurojust in all cross-border trafficking cases;
Amendment 117 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Recalls the obligation of Member States to pay special attention to child victims of trafficking including unaccompanied minors coming from third countries, and to provide special protection to children in criminal procedures, the best interests of the child must be considered paramount at all times (Art 13, 14,15,16);
Amendment 120 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that the identification of victims remains one of the most difficult aspects of implementation, but stresses that this does not diminish the responsibility of the Member States to protect these vulnerable people; highlights that by the coercive and deceptive nature of the crime, victims may be unable to recognise their own vulnerability; stresses that the actions that victims of trafficking in persons are compelled to perform are criminal acts in some Member States, which in some cases impairs trust between victims and the authorities, and that at a later stage this makes it more difficult to prosecute the true offenders;
Amendment 126 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the principal source of information for the registration of victims is the police, pointing to the need for targeted and specialist training for police officers and a greater gender balance amongst staff; highlights that using prisons and detention centres as registration sources shows a failure of the system;
Amendment 145 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that funding from the Commission and the Member States should be targeted to the bestmost suitable provider of services, based on the needs of the victims including gender-specific requirements and the scope for the provider to engage in far-reaching and long-term processes;
Amendment 160 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that demand and the enormous income associated with trafficking in persons are the two main reasons for the existence of the phenomenon; notes furthermore Sweden's legislation on prostitution, which has had a normative impact on the prevalence of demand, which has been declining, thus reducing trafficking in persons for the purpose of providing sexual services;
Amendment 163 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States to develop specific strategies for reducing demand for trafficking for sexual exploitation, suwhich as exit programmes and schemes tore empowering and protect the rights of those in prostitution, while also noting that the regulation of prostitution is a competence of the Member Stateswhich increase the scope for victims of trafficking to obtain assistance from the authorities concerned;
Amendment 166 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States to develop specific strategies for reducing demand for trafficking for sexual exploitation, such as exit programmes and schemes to empower and protect the rights of those in prostitution, while also noting that the regulation of prostitution is a competence of the Member State; believes that demand reduction can be achieved through legislation that shifts the criminal burden onto those who purchase sexual services rather than onto those who sell it, and through the imposition of fines to make prostitution and sexual exploitation financially less lucrative for criminal networks;
Amendment 169 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Emphasises the data which confirm the deterrent effect that criminalisation of the purchase of sexual services has had in Sweden; highlights the normative effect of this model of regulation and its potential to change social attitudes to reduce overall demand for the services of victims of THB;
Amendment 179 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses that greater equality depends on the involvement of all and that responsibility must not be assigned only to one group within society; notes the need for legislation which calls into question the market structures which are expressed in discrimination and oppression and, by extension, in violence; notes that in order to attain equality it is necessary for more men also to take responsibility, as equal treatment should be an objective of the whole of society;
Amendment 184 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is strongly critical of the fact that it is not already a criminal offence to knowingly use the services of trafficked persons across all Member States, but acknowledges the difficulty, under existing legislation, in proving knowledge in a judicial context, and considers that this would be an important step recognising the seriousness of this crime, ensuring a real framework for the prevention of THB and for stopping the culture of impunity;
Amendment 185 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is strongly critical of the fact that it is not already a criminal offence to knowingly use the services of trafficked persons across all Member States, but acknowledges the difficulty in proving knowledge in a judicial context, and considers that this would be an important step recognising the seriousness of this crime, ensuring a real framework for the prevention of THB and for stopping the culture of impunity;
Amendment 190 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that victims of THB require specialised services, including access to accommodation, witness protection schemes, healthcare and counselling, translation and interpretation services, and (re)integration and resettlement assistance, and that these services should be further individualised case by case, with specific consideration given to the issue of gender expression;
Amendment 199 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Member States to ensure gender-specific provision of services to victims of THB that is appropriate to their needs, recognising the form of trafficking to which they have been subjected; highlights that whilst a majority of victims are women and girls, there should be specialised services for victims of all gender expressions;
Amendment 215 #
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Member States to recognise the longer time needed to recover from the harms of trafficking for purposes of sexual exploitation, as compared with the time needed to recover from other forms of trafficking, when deciding on limits to victim support; calls for protection measures offered to victims trafficked for sexual exploitation to be extended, in order to minimise harms, prevent re-trafficking and secondary victimisation and in every case cater for individual needs;