BETA

16 Amendments of Lívia JÁRÓKA related to 2022/0426(COD)

Amendment 63 #
Proposal for a directive
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 surrogacy 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.
2023/07/07
Committee: LIBEFEMM
Amendment 75 #
(7) In combatting trafficking in human beings, full use is to be made of existing instruments on the freezing and confiscation of proceeds and instrumentalities of crime, such as Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on asset recovery and confiscation]30 . The use of frozen and confiscated instrumentalities and proceeds from the offences referred to in Directive 2011/36/EU to support victims’ assistance and protection, including compensation of victims and, should be made a priority, Union trans-border law enforcement counter- trafficking activities, should be encouraged. Member States should, to that effect, establish a national victims fund. _________________ 30 COM (2022) 245.
2023/07/07
Committee: LIBEFEMM
Amendment 86 #
Proposal for a directive
Recital 8 a (new)
(8a) The importance of involving civil society organisations, who are involved in victim protection is crucial when looking to enhance identification of victims and ensure the effectiveness of national referral mechanisms.
2023/07/07
Committee: LIBEFEMM
Amendment 135 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2011/36/EU
Article 2 – paragraph 3
(1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption, or surrogacy” is added at the end of the paragraph.
2023/07/07
Committee: LIBEFEMM
Amendment 166 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/36/EU
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 competent national authorities are entitled not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in unlawful acts which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 2. 2. Member States shall take the necessary measures to ensure that any decision concerning the application of provisions referred to in paragraph 1 is taken following an individual assessment by trained and qualified officials. 3. In the case of children involved in unlawful activities by being compelled to commit them as a direct consequence of being subjected to any of the acts referred to in Article 2, special procedures shall be taken by Member States to determine whether detention, prosecution and application of any penalties for their involvement is necessary." (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See wording of Article 8, of Directive 2011/36/EU)
2023/07/07
Committee: LIBEFEMM
Amendment 173 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/36/EU
Article 9 – paragraph 3
In Article 9 paragraph 3 is replaced by the following: 3. Member States shall take the necessary measures to ensure that persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 2 and 3 are trained accordingly. Member States encouraged to ensure that professionals likely to come into contact with victims of trafficking, such as law enforcement authorities, health care personnel, social services, general and specialist support services and judicial authorities, receive evidence- based training and targeted information on a level appropriate to their contacts with victims, to enable them to detect, prevent and address trafficking in human beings and avoid revictimisation. Such training shall be developed in consultation with women’s specialist support services and support services specialised in victims of trafficking, and shall be human rights based, child rights based, victim-centred, sex-, disability-, ethnicity-, language- and child- sensitive and trauma-informed." (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See wording of Article 9, paragraph 3 of Directive 2011/36/EU)
2023/07/07
Committee: LIBEFEMM
Amendment 180 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/36/EU
Article 11 – paragraph 1
In article 11, paragraph 1 is replaced by the following: 1. Member States shall take the necessary measures to ensure that assistance and support are provided to victims before, during and for an appropriate period of time determined by the Member States after the conclusion of criminal proceedings on the basis of an individual assessment. Or. en (See wording of Article 11, paragraph 1 of Directive 2011/36/EU)
2023/07/07
Committee: LIBEFEMM
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/36/EU
Article 11 – paragraph 3
In article 11, paragraph 3 is replaced by the following: 3. Member States are encouraged to take the necessary measures to ensure that assistance and support for a victim are not made conditional on the victim’s willingness to cooperate in the criminal investigation, prosecution or trial. Or. en (See wording of Article 11, paragraph 3 of Directive 2011/36/EU)
2023/07/07
Committee: LIBEFEMM
Amendment 192 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 – paragraph 4
4. Member States shallIn Article 11, paragraph 4 is replaced by the following: Member States are encouraged to take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the earlydetection, identification of, assistance to, and support for presumed and formally identified victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See wording of Article 11, paragraph 4 of Directive 2011/36/EU)
2023/07/07
Committee: LIBEFEMM
Amendment 198 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Directive 2011/36/EU
Article 11 – paragraph 4 a (new)
(4a) in Article 11, the following paragraph is inserted: Member States need to take the necessary measures to ensure identification and referral of victims of trafficking in human beings during international protection procedures and among applicants for international protection, and ensure that victims of trafficking in human beings can claim international protection or similar forms of protection provided for by national legislation, including where the victim is receiving assistance and support referred to in paragraph 3 of this Article. Or. en (See wording of Article 11, of Directive 2011/36/EU)
2023/07/07
Committee: LIBEFEMM
Amendment 199 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)
Directive 2011/36/EU
Article 11 – paragraph 4
(4b) Member States need to ensure that victims of trafficking who are applicants for or beneficiaries of international protection have access to assistance and support measures laid down under anti- trafficking and asylum regimes. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See wording of Article 11, of Directive 2011/36/EU)
2023/07/07
Committee: LIBEFEMM
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)
Directive 2011/36/EU
Article 17
(4c) Article 17 is replaced by the following: Member States shall ensure that victims of trafficking in human beings have access to effective schemes of compensation, similar to existing schemes of compensation to victims of violent crimes of intent. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See wording of Article 17, paragraph 1 of Directive 2011/36/EU)
2023/07/07
Committee: LIBEFEMM
Amendment 225 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 d (new)
Directive 2011/36/EU
Article 17
(4d) Article 17 is replaced by the following: Member States shall take the necessary measures to ensure that compensation awarded to a victim of trafficking in human beings as a result of a decision adopted in criminal or civil proceedings is paid immediately after the adoption of the decision. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See wording of Article 17 of Directive 2011/36/EU)
2023/07/07
Committee: LIBEFEMM
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 e (new)
Directive 2011/36/EU
Article 18 – paragraph 1
(4e) In Article 18, paragraph 1 is replaced by the following: Member States are encouraged to allocate the necessary resources and take appropriate measures, in particular campaigns and other means targeting potential users and buyers, to discourage and reduce the demand that fosters all forms of exploitation related to trafficking in human beings. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See wording of Article 18, paragraph 1 of Directive 2011/36/EU)
2023/07/07
Committee: LIBEFEMM
Amendment 238 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 f (new)
(4f) In Article 18, paragraph 3 is replaced by the following: Member States are encouraged to allocate the necessary resources in order to conduct regular training for officials likely to come into contact with victims or potential victims of trafficking in human beings, including front-line police officers, aimed at enabling them to identify and deal with victims and potential victims of trafficking in human beings. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See wording of Article 18, paragraph 3 of Directive 2011/36/EU)
2023/07/07
Committee: LIBEFEMM
Amendment 277 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point a
(a) the number of detected and registered victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult), citizenship, disability, ethnicity and form of exploitation; , indicating whether there are victims who are subjected to more than one form of exploitation; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See wording of Article 19a, paragraph 2 of Directive 2011/36/EU)
2023/07/07
Committee: LIBEFEMM