Activities of Britta THOMSEN related to 2010/0065(COD)
Plenary speeches (1)
Trafficking in human beings (debate)
Amendments (25)
Amendment 59 #
Proposal for a directive
Recital 3
Recital 3
(3) This Directive adopts an integrated and holistic approach, together with a multifaceted approach, to the fight against trafficking in human beings. More rigorous prevention, prosecution and protection of victims' rights, are major objectives of this Directive. Women constitute the vast majority of victims of trafficking, and especially of trafficking for sexual exploitation. Children are more vulnerable and therefore at greater risk of falling victim to trafficking in human beings. In the application of the provisions of this Directive the child's best interests must be a primary consideration, in accordance with the Charter of Fundamental Rights of the European Union and United Nations Convention on the Rights of the Child. This Directive also adopts contextual understandings of the different forms of trafficking and aims at ensuring that each form is tackled with the most efficient measures. This includes a strong gender perspective in all provisions of the Directive, in accordance with the Charter of Fundamental Rights of the EU and the CEDAW convention.
Amendment 61 #
Proposal for a directive
Recital 4
Recital 4
(4) The 1949 UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, the 2000 United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children supplementing the United Nations Convention against Transnational Organized Crime and the 2005 Council of Europe Convention on Action against Trafficking in Human Beings are crucial steps in the process of enhancing international cooperation against trafficking in human beings.
Amendment 65 #
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 begging 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, and in all cases of sexual exploitation, 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 72 #
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 sex, pregnancy, health conditions or disability, and immigration status at the time when the crime was committed. When the offence is particularly grave, for example when the life of the victim has been endangered or the offence has involved serious violence, including male violence against women, 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 81 #
Proposal for a directive
Recital 11
Recital 11
(11) Victims of trafficking in human beings need to be able to exercise their rights effectively. Therefore assistance and support should be available to victims before, during and for an appropriate time after criminal proceedings. In order for the assistance and support to be effective, it is necessary that it is provided on an informed and consensual basis, guaranteeing that the victim agrees to for example actions to detect illnesses or other essential support measures. The assistance and support provided should include at least a minimum set of measures that are necessary to enable the victim to recover and escape from their traffickers. The practical implementation of such measures should, on the basis of an individual assessment carried out in accordance with national procedures, take into account the conditions and needs of the person concerned, included her immigration status. A person should be provided with assistance and support as soon as there is an indication that he or she might have been trafficked and irrespective of his/her willingness to act as a witness. Assistance should be provided unconditionally at least until the competent authorities have taken a final decision with regard to the reflection period and the residence permit, or otherwise acknowledge that the person is a victim of trafficking in human beings. If, after the completion of the identification process or expiry of the reflection period, the person is not considered eligible for a residence permit or does not otherwise have lawful residence in the country, the Member State concerned is not obliged to continue providing assistance and support to that person on the basis of this Directive. Where necessary, assistance and support should continue for an appropriate period after the criminal proceedings, for example if medical treatment is ongoing due to severe physical or psychological consequences of the crime, or if the victim's safety is at risk due to his/her statements in criminal proceedings.
Amendment 88 #
Proposal for a directive
Recital 13
Recital 13
(13) Victims of trafficking who have already suffered the abuse and degrading treatment trafficking commonly entails, such as sexual exploitation, rape, slavery- like practices and the removal of organs, should be protected from secondary victimisation and further trauma during the criminal proceedings. To this end victims of trafficking should during criminal investigations and proceedings receive treatment that is appropriate to their individual needs. The individual needs assessment should take into consideration circumstances such as sex, age, pregnancy, health, disability, immigration status and other personal conditions, as well as the physical and psychological consequences of the criminal activity to which the victim has been subjected. Whether and how the treatment is applied is to be decided in accordance with grounds defined by national legislation, rules of judicial discretion, practice and guidance, on a case by case basis.
Amendment 107 #
Proposal for a directive
Recital 16
Recital 16
(16) Directive 2009/52/EC of 18 June 2009 providing for minimum standards of sanctions and measures against employers of illegally staying third-country nationals provides for penalties for employers of illegally staying third-country nationals who, while not having been charged with or convicted of trafficking in human beings, use work or services exacted from a person with the knowledge that he/she is a victim of such trafficking. In addition to that, Member States should take into consideration the possibility of imposing sanctions on the users of any service exacted from a victim, with the knowledge that he/she has been trafficked, and should impose sanctions on the prostitute-users. This further criminalisation could include employers of legally staying third-country nationals and EU nationals, as well as buyers of sexual services from any trafficked person, irrespective of their nationality.
Amendment 113 #
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably equality between women and men, human dignity, prohibition of slavery, forced labour and trafficking in human beings, prohibition of torture and inhuman or degrading treatment or punishment, the rights of the child, the right to liberty and security, freedom of expression and information, protection of personal data, the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties. In particular, this Directive seeks to ensure full respect for these rights and principles and has to be implemented accordingly.
Amendment 122 #
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
4. The consent of a victim of trafficking in human beings to the exploitation, intended or actual, shall be always irrelevant where any of the means set forth in paragraph 1 has been used.
Amendment 127 #
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 sex, pregnancy, health conditions or disability, immigration status;
Amendment 131 #
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) the offence was committed by use of serious violence, including male violence against women, or has caused particularly serious harm to the victim.
Amendment 142 #
Proposal for a directive
Article 7
Article 7
Member States shall, in accordance with the basic principles of its legal system, provide for the possibility of not prosecutinge or imposinge penalties on victims of trafficking in human beings for their involvement in criminal activities they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 2.
Amendment 143 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that investigation into or prosecution of offences referred to in Articles 2 and 3 is not dependent on reporting or accusation by a victim and that criminal proceedings may continue even if the victim has withdrawn his or her statement. In this case, proper assistance and protection measures should be initiated and/or further ensured.
Amendment 147 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall take the necessary measures to ensure that persons, units or services responsible for investigating or prosecuting offences referred to in Articles 2 and 3 are trained accordinglprovided training in human rights, women’s rights and gender equality.
Amendment 158 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall take the necessary measures to establish appropriate mechanisms aimed at early identification, assistance and support for victims, in cooperation with relevant support organisations. Member States shall work closely with civil society organisations, including those providing services to victims of trafficking, male violence against women and different forms of exploitation, including sexual exploitation.
Amendment 167 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Assistance and support measures referred to in paragraph 2 shall be provided on a consensual and informed basis, and shall include at least standard of living capable of ensuring victims' subsistence through measures such as appropriate and safe accommodation and material assistance as well as necessary medical treatment including psychological assistance, counselling and information in a language and format they can understand, translation and interpretation services where appropriate, and access to education for children. Member States shall attend to victims with special needs.
Amendment 171 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that victims of trafficking in human beings have access to free legal counselling and to legal representation, including for the purpose of claiming compensation and asserting withheld wages. Legal representation shall be free of charge when the victim does not have sufficient financial resources. This paragraph will be without prejudice to the application of Article 14(2) when the victim is a child.
Amendment 177 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall ensure that victims of trafficking in human beings receive appropriate protection on the basis of an individual risk assessment, inter alia by having access to witness protection programmes or other similar measures, if appropriate and in accordance with the grounds defined by national legislation or procedures. Individual risk assessment should take into account the situation of the victim which might make her particularly vulnerable, including on the grounds of sex, pregnancy, health conditions or disability, immigration status.
Amendment 178 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Child victims of trafficking in human beings shall be provided with assistance, support and protection, taking into account the best interests of the child. Member States shall work closely with civil society organisations, including those providing services to victims of trafficking, male violence against women and different forms of exploitation, including sexual exploitation.
Amendment 191 #
Proposal for a directive
Article 14 – paragraph 3 – point c
Article 14 – paragraph 3 – point c
(c) interviews with the child victim are carried out, where necessary, by or through professionals trained for this purpose, including training on human rights, women’s rights and gender equality;
Amendment 195 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall take appropriate measures to discourage and end the demand that fosters all forms of exploitation related to trafficking in human beings.
Amendment 199 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall take appropriate actions such as information and awareness raising campaigns, research and education programmes, where appropriate in cooperation with civil society organisations, aimed at raising awareness and reducing the risk of people, especially children and women, becoming victims of trafficking in human beings.
Amendment 204 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall promote regular training on human rights, women’s rights and gender equality for officials likely to come into contact with victims and potential victims, including front-line police officers, border guards, labour inspectors, health care personnel and consular staff, aimed at enabling them to identify and deal with victims and potential victims of trafficking in human beings.
Amendment 210 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall consider takingtake measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2 with the knowledge that the person is a victim of an offence referred to in Article 2. On the specific form of sexual exploitation, Member States shall take measures to establish as a criminal offence the use of services which are the objects of exploitation irrespective of the knowledge that the person is a victim of trafficking.
Amendment 222 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall take the necessary measures to establish National Rapporteurs or equivalent mechanisms. The tasks of such mechanisms shall include the carrying out of assessments on trafficking in human beings trends, the measuring of results of anti-trafficking actions and reporting to the relevant national and EU authorities. National Rapporteurs should be politically and party-independent and should have sufficient financial resources.