5 Amendments of Lívia JÁRÓKA related to 2010/0065(COD)
Amendment 63 #
Proposal for a directive
Recital 5
Recital 5
(5) In order to tackle recent developments in the phenomenon of trafficking in human beings, this Directive adopts a broader concept of what should be considered trafficking in human beings than under Framework Decision 2002/629/JHA and therefore includes additional forms of exploitation. Within the context of this Directive, forced begging should be understood as a form of forced labour or service as defined in the ILO Convention No. 29 concerning Forced or Compulsory Labour of 29 June 1930. Therefore, exploitation of beggingfor begging, including the use of a trafficked dependent person for begging regardless her/his relation to the perpetrators falls within the scope of the definition of trafficking in human beings only when all the elements of forced labour or services occur. In the light of the relevant case-law, the validity of the eventual consent to perform such a service should be evaluated case by case. However, when a child is concerned, the eventual consent should never be considered valid. The term “exploitation of criminal activities” should be understood as exploitation of a person to commit, inter alia, pick-pocketing, shop-lifting and other similar activities which are subject to penalties and imply financial gain. The definition also covers trafficking in human beings for the purpose of the removal of organs, which can be linked with organ trafficking and constitutes a serious violation of human dignity and physical integrity.
Amendment 70 #
Proposal for a directive
Recital 6
Recital 6
(6) The levels of penalties in this Directive reflect the growing concern among Member States about increased trafficking in human beings. Considering the gravity of the crime, this Directive aims to ensure further harmonisation and a higher level of penalties in the EU. When the offence is committed in certain circumstances, for example against a particularly vulnerable victim, the penalty should be more severe. In the context of this Directive, particularly vulnerable persons should include at least all children, and adults who were particularly vulnerable on grounds of gender, pregnancy, health conditions or, disability at the time when the crime was committedor if the victim has been subjected to torture, forced drug/medication usage, rape or other serious forms of psychological, physical or sexual violence. When the offence is particularly grave, for example when the life of the victim has been endangered or the offence has involved serious violence or has caused particularly serious harm to the victim, this should be reflected in a particularly severe penalty. When, under this Directive, a reference is made to surrender, such reference should be interpreted in accordance with Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.
Amendment 117 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging and the use of a trafficked dependent person for begging, regardless her/his relation to the perpetrators, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs.
Amendment 126 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the offence was committed against a victim who was particularly vulnerable, which, in the context of this Directive, shall include at least child victims, and adults who were particularly vulnerable on grounds of gender, pregnancy, health conditions or disability, disability, or if the victims has been subjected to forced drug/medication usage, torture, rape or other serious forms of psychological, physical or sexual violence;
Amendment 187 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. When the family is not present in the territory of the Member State, the Member State shall provide assistance to the child to return and be reintegrated with the child's family, or to join his/her family in another Member State or in a third country, without exposing the child to the danger of being re-trafficked, when that is in the best interest of the child; where neither of these options are possible or in the child's best interest, the Member State shall find a durable solution for the child in accordance with the child's best interest including through referral to the competent national asylum authorities for child victims of trafficking in human beings who are in need of international protection.