41 Amendments of Miroslav MIKOLÁŠIK related to 2013/2040(INI)
Amendment 1 #
Motion for a resolution
Citation 4
Citation 4
– having regard to the Preamble and to Articles 2, 12, and 24 of the Convention on the Rights of the Child, adopted in 1989, which refer to non- discrimination, the right of the child to be heard, and the protection of maternal, infant and child health, in addition to developing family planning education and services,
Amendment 2 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the Declaration of the Right of the Child1 which states that the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth, __________________ 1 Adopted by UN General Assembly Resolution 1386 (XIV) of 10 December 1959
Amendment 5 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to the US House of Representatives Congressional Record Extension of Remarks entitled "Documents reveal deceptive practices by abortion lobby" on 8 December 2003, demonstrating how abortion promotion groups are planning to push abortion not by direct argument but by twisting words and definitions and bypassing national laws;
Amendment 6 #
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the report of the Parliamentary Assembly of the Council of Europe (PACE) on Prenatal sex selection on 16 September 2011
Amendment 7 #
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
- having regard to the Parliamentary Assembly of the Council of Europe (PACE) resolution 1763 (2010) of 7 October 2010 "The right to conscientious objection in lawful medical care";
Amendment 8 #
Motion for a resolution
Citation 18 c (new)
Citation 18 c (new)
- having regard to Parliamentary Assembly of the Council of Europe (PACE) motion for resolution of 11 May 2010 on 'Sex-selective abortion – 'Gendercide'', inviting its Member States to 'condemn sex-selective abortion, wherever and whenever it occurs',
Amendment 9 #
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to Art. 168 (7) of the Treaty of the Functioning of the European Union stating that Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care;
Amendment 10 #
Motion for a resolution
Citation 21
Citation 21
– having regard to the Charter of Fundamental Rights of the European Union, especially Article 10 (Freedom of thought, conscience and religion) recognizing the right to conscientious objection;
Amendment 12 #
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
- having regard to ECJ ruling C-34/10 stating that as a matter of scientific fact a new human life begins at conception, and that the human embryo constitutes a precise stage in the development of the human body;
Amendment 13 #
Motion for a resolution
Citation 26
Citation 26
– having regard to its resolutions of 29 September 19944 on the outcome of the Cairo International Conference on Population and Development, and 4 July 19965 on the follow-up to that Conference, and the numerous reservations expressed by States especially on the issue of SRHR and abortion,
Amendment 15 #
Motion for a resolution
Citation 32 a (new)
Citation 32 a (new)
- having regard to its recommendation to the Council of 13 June 2013 on the draft EU Guidelines on the Promotion and Protection of Freedom of Religion or Belief (P7_TA(2013)027);
Amendment 17 #
Motion for a resolution
Recital A
Recital A
A. whereas sexual and reproductive rights are human rights, the violations of which constitute breaches of women's and girls' rights to equalitywomen and girls are entitled to enjoy equal opportunities, non- discrimination based on sex, dignity and health, and freedom from inhuman and degrading treatment;
Amendment 20 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas there is no international legal obligation to provide access to abortion based on any ground, including but not limited to health, privacy, non- discrimination or sexual autonomy;
Amendment 22 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas the Preamble of the Universal Declaration of Human Rights states: "Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world," and UDHR Article 3 states, "Everyone has the right to life, liberty and security of person.";
Amendment 23 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas the International Covenant on Civil and Political Rights (ICCPR) implicitly recognizes the human rights of unborn children by providing in Article 6 that capital punishment "shall not be carried out on pregnant women.";
Amendment 28 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas no international legally binding treaties or conventions define the term "sexual and reproductive health and rights" ; whereas the WHO dictionary demonstrates the "inclusive language" approach: "sexual and reproductive health" includes "methods of fertility regulation" which includes "termination of pregnancies (abortion)"
Amendment 67 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas UN Treaty monitoring bodies have no competency to interpret these treaties in ways that create new State obligations or that alter the substance of the treaties; accordingly, any UN treaty monitoring body that interprets a treaty to include a right to abortion acts beyond its authority and contrary to its mandate ; whereas such ultra vires acts do not create any legal obligations for states parties to the treaty, nor should states accept them as contributing to the formation of new customary international law;
Amendment 71 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that ‘health is a fundamental human right indispensable for the exercise of other human rights’ and that the EU cannot reach the highest attainable standard of health unless the SRHR of all are fully acknowledged and promoted;
Amendment 73 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 94 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that even though it is a competence of Member States to formulate and implement policies on SRHR, the EU can exercise policy-making competence in the area of public health and of non- discrimination, and support better implementation of sexual and reproductive rights;
Amendment 98 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Asserts that, when implementing the specific clauses on the prohibition on coercion or compulsion in sexual and reproductive health matters agreed on at the Cairo International Conference on Population and Development, as well as the legally binding international human rights instruments, the EU acquis communautaire and the Union policy competencies in these matters, Union assistance should not be provided to any authority, organisation or programme which promotes, supports or participates in the management of any action which involves such human rights abuses as coercive abortion, forced sterilisation of women and men, determining foetal sex resulting in prenatal sex selection or infanticide;
Amendment 117 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. recalls that there exists no "human right to abortion" under international law, either by way of treaty obligation or under customary international law, and recalls that no international legally binding United Nations treaty can accurately be cited as establishing or recognizing a right to abortion;
Amendment 119 #
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
upholds the universal human right to conscientious objection together with the responsibility of the State to ensure that patients are able to access lawful medical care in a timely manner in particular in cases of emergency prenatal and maternal health care, and recalls that no person, hospital or institution shall be coerced, held liable or discriminated against in any manner because of a refusal to perform, accommodate, assist or submit to an abortion or any act which could cause the death of a human foetus or embryo, for any reason;
Amendment 123 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Urges the Member States to include the promotion of natural family planning methods in their public health policy;
Amendment 126 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that in no case must abortion be promoted as a family planning method; and recalls that following internationally legally binding obligations every child regardless of sex has the right to appropriate legal protection before as well after birth;
Amendment 131 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 135 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. recalls that abortion is not mentioned in any internationally binding UN human rights treaty;
Amendment 137 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 160 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States to ensure compulsory,propose age-appropriate and gender- sensitive sexuality and relationship education for all children and adolescents (both in and out of school)sex-specific sexuality, affective and relationship education for adolescents; recalls - with regard to the principle of "Public Policy Doctrine" and internationally accepted standards - that parents or legal guardians of a child have the liberty to ensure that their children receive an education in conformity with their own convictions, and that the child shall not be compelled to receive teaching on sexuality education including the promotion of SHRH and abortion against the wishes of his or her parents or legal guardians, the best interests of the child being the guiding principle; recalls that the right of parents to educate their children according to their religious or non-religious convictions includes their right to deny any undue interference by state or non-state actors in their education;
Amendment 167 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that sexuality education mustay include the teaching of natural family planning methods, the fight against stereotypes and prejudices, shed light on gender and sexual orientation discrimination, based on sex and structural barriers to substantive equality, as well as emphasise mutual respect and shared responsibility;
Amendment 173 #
Motion for a resolution
Subheading 4
Subheading 4
As regards STI prevention and treatment of STI and Post Abortion Stress Syndrome (PASS)
Amendment 179 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Urges the Member States to ensure access to non-judgmental information about the post abortion stress syndrome (PASS) as well as immediate and universal access PASS treatments, provided in a safe and non-judgmental manner;
Amendment 181 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and the Member States to address the specific SRHRneeds for prenatal and maternal health of people living with HIV/AIDS, with a focus on the needs of women, notably by integrating access to testing and treatment and reversing the underlying socioeconomic factors contributing to the risk to women of HIV/AIDS, such as gender inequality and discrimination;
Amendment 186 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Condemns any violation of the bodily integrity of women, as well as harmful practices intended to control women's sexuality and reproductive self- determination; underlines that these are serious human rights violations that the Member States have a responsibility to urgently address;
Amendment 197 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reminds the Member States that investments in reproductiveprenatal and maternal health and natural family planning are among the most cost- effective, in terms of development, and the most effective ways to promote the sustainable development of a country;
Amendment 204 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges the Commission to ensure that European development cooperation adopts a human rights-based approach and that it has a strong and explicit focus, and concrete targets on SRHRprenatal and maternal health;
Amendment 209 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. calls on EU delegations in developing countries to work with the governments of those countries to ensure that girl children enjoy their rights without discrimination based on their sex, inter alia by ending the unethical and discriminatory practices of prenatal sex selection, abortion of female foetuses, female infanticide, early forced marriage, female genital mutilation;
Amendment 212 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Invites the Commission to maintain in its development priorities the access to quality, affordable, acceptable and accessible prenatal and maternal health care services, relational, affective and sexual education for boys and girls under the prior responsibility of their parents1, voluntary family planning including natural family planning methods, while combating sex based discrimination leading to sex-selective and involuntary abortions, forced sterilization and sexual violence, as well as ensuring the provision of prenatal and maternal health care supplies, including HIV prevention, treatment, care and support without discrimination; __________________ 1 "Parents have a prior right to choose the kind of education that shall be given to their children." Art 26.3 of UNGASS Resolution 217 A (III) of 10 December 1948 (Universal Declaration of Human Rights)
Amendment 215 #
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23 c. Urges the Commission and the EEAS to fully respect the reservations on SHRH and abortion expressed by national governments in the concerned international treaties, conventions and programs;
Amendment 216 #
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23 d. Further reaffirms the sovereign right of each State to implement the proposals of the present resolution in conformity with its own national laws and with full respect for the various religious and ethical values and cultural backgrounds of its people (Public Policy Doctrine) and in conformity with universally recognized international human rights;
Amendment 217 #
Motion for a resolution
Paragraph 23 e (new)
Paragraph 23 e (new)
23 e. recalls § 8.25 of the Programme of Action of the International Conference on Population and Development stating: "In no case should abortion be promoted as a method of family planning. (...) Prevention of unwanted pregnancies must always be given the highest priority and every attempt should be made to eliminate the need for abortion. Women who have unwanted pregnancies should have ready access to reliable information and compassionate counselling. Any measures or changes related to abortion within the health system can only be determined at the national or local level according to the national legislative process."