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28 Amendments of Elisabeth MORIN-CHARTIER related to 2011/2069(INI)

Amendment 1 #
Draft opinion
Citation 1 a (new)
- having regard to Article 2 and Article 3(3), second subparagraph, of the Treaty on the European Union (TEU) and Article 157 of the Treaty on the Functioning of the European Union (TFEU),
2011/09/07
Committee: FEMM
Amendment 3 #
Draft opinion
Citation 1 b (new)
- having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 1, 2, 3, 4, 5, 21 and 23,
2011/09/07
Committee: FEMM
Amendment 5 #
Draft opinion
Citation 1 c (new)
- having regard to the European Pact for Gender Equality (2011-2020) adopted by the European Council in March 2011,
2011/09/07
Committee: FEMM
Amendment 7 #
Draft opinion
Citation 1 d (new)
- having regard to the recommendation by the Council of Europe Committee of Ministers on measures to combat discrimination on grounds of sexual orientation (CM/Rec(2010) 5) and the recommendation (1915) and resolution (1728) of the Parliamentary Assembly of the Council of Europe on the same topic,
2011/09/07
Committee: FEMM
Amendment 9 #
Draft opinion
Citation 1 e (new)
- having regard to the Commission's Communication on the Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union of 19.10.2010 COM(2010) 573 final,
2011/09/07
Committee: FEMM
Amendment 10 #
Draft opinion
Citation 1 f (new)
- having regard to the Council of Europe's Convention on preventing and combating violence against women and domestic violence of 7 April 2011 (CM(2011)49 final),
2011/09/07
Committee: FEMM
Amendment 11 #
Draft opinion
Citation 1 g (new)
- having regard to its resolution of 5 April 2011 on priorities and outline of a new EU policy framework to fight violence against women1,
2011/09/07
Committee: FEMM
Amendment 13 #
Draft opinion
Paragraph A
A. whereas the judicial authorities of Member States are independent and may determine their own interpretation of the Charter of Fundamental Rights,deleted
2011/09/07
Committee: FEMM
Amendment 14 #
Draft opinion
Paragraph A a (new)
A a. whereas the entry into force of the Treaty of Lisbon created a new situation in the EU in the field of human rights by making the Charter of Fundamental Rights legally binding (Article 6 TEU),
2011/09/07
Committee: FEMM
Amendment 16 #
Draft opinion
Paragraph A b (new)
A b. whereas equality between men and women is recognised as a fundamental right by the Charter and all types of discrimination should be fought against,
2011/09/07
Committee: FEMM
Amendment 17 #
Draft opinion
Paragraph A c (new)
A c. whereas Gender Equality Directives require Member States to establish or designate equality bodies to promote equality, including providing independent assistance to victims of discrimination,
2011/09/07
Committee: FEMM
Amendment 18 #
Draft opinion
Paragraph 1
1. Affirms the need to increase efforts at communicating that the scope of the Charter of Fundamental Rights does not apply to breaches of fundamental rights unless there is a connection to Union law and that only violations of peoples' rights by the Union institutions, bodies, offices and agencies and by the Member States when they are implementing EU law are covered;deleted
2011/09/07
Committee: FEMM
Amendment 23 #
Draft opinion
Paragraph 1 a (new)
1 a. Affirms Article 2 of the Treaty on European Union founding the Union on a community of indivisible and universal values of respect for human dignity, freedom, democracy, equality, solidarity, the rule of law and respect for human rights, for all persons on the territory of the European Union, including those belonging to minorities;
2011/09/07
Committee: FEMM
Amendment 26 #
Draft opinion
Paragraph 1 b (new)
1 b. Welcomes the first annual report of the Commission on the application of the EU Charter of Fundamental rights; welcomes the conclusions of the Council, especially on its commitment to fulfil EU ambitions on gender equality as mentioned in the Treaty;
2011/09/07
Committee: FEMM
Amendment 29 #
Draft opinion
Paragraph 2
2. Draws attention to the fact that although the Charter promotes the equality of men and women and in addition has specific provisions on the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex, positive discrimination also creates victims and that it is essential to avoid all types of discrimination as it is morally wrong;deleted
2011/09/07
Committee: FEMM
Amendment 34 #
Draft opinion
Paragraph 2
2. Draws attention to the fact that although the Charter promotes the equality of men and women and in addition has specific provisions on the maintenance or adoption of measures providing for specific advantages in favour of the under- represented sex, positive discrimination also creates victims and that it is essential to avoid all types of discrimination as it is morally wrong;
2011/09/07
Committee: FEMM
Amendment 35 #
Draft opinion
Paragraph 2 a (new)
2 a. Recalls that Article 23 of the Charter states that "Equality between men and women must be ensured in all areas, including employment, work and pay; The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex stresses that "this in no way undermines the rights of other under represented groups such as children (Article 24), the elderly (Article 25), persons with disabilities (Article 26); additionally highlights that Article 21 of the Charter clearly states the prohibition of any discrimination against others, persons with generic features, or based on sexual orientation;
2011/09/07
Committee: FEMM
Amendment 37 #
Draft opinion
Paragraph 2 b (new)
2 b. Underlines that women are the main victims of gender based violence; points out that violence and the threat of violence constitute a breach one's right to life, safety, freedom, dignity and physical and emotional integrity and a serious threat to the physical and mental health of the victims of such violence, underlines that the effects of such violence, being so widespread throughout the European Community, constitute a genuine fundamental rights violation and health scourge and an obstacle to the enjoyment of all people of safe, free and just citizenship;
2011/09/07
Committee: FEMM
Amendment 38 #
Draft opinion
Paragraph 2 c (new)
2 c. Takes note of the Commission's victims package; regrets that violence against women is not adequately taken into account; calls on the Commission to launch a comprehensive policy approach against gender based violence and to launch a Directive addressing combating and eliminating all forms of discrimination and violence against women and girls in all EU Member States;
2011/09/07
Committee: FEMM
Amendment 39 #
Draft opinion
Paragraph 3
3. Calls on the Member States to make active use of civic bodies and relevant NGOs, such as women's organisations, as their expertise is invaluable to understand the most contentious issues and the situation of the most vulnerable groups in society, identify existing gaps, key trends and structural problems in the area of fundamental rights and to fully respect national cultures and diversity;deleted
2011/09/07
Committee: FEMM
Amendment 41 #
Draft opinion
Paragraph 3 a (new)
3 a. In order to avoid over-expectations and misunderstandings, calls on the Commission to inform better the citizens of their rights as enshrined in the Charter of Fundamental Rights but also about the scope of the Charter; recalls in this view the importance of the European e-justice Portal ; calls in addition on the Member States to increase awareness of the Charter among the civil society, through a continuous dialogue with relevant non- governmental organisations, and women's organizations in particular, as their expertise is invaluable with regards to stereotypes and discrimination since it is a fact through time, that women have been the most common and vulnerable victims;
2011/09/07
Committee: FEMM
Amendment 45 #
Draft opinion
Paragraph 4
4. Highlights, in the context of fundamental rights and discrimination, the need to bear in mind that, hidden behind the veil of neutrality, the conceptual framework and the reasoning processes of law may perpetuate stereotypes and can underpin and maintain sexual difference instead of dismantling sex-based disadvantages;deleted
2011/09/07
Committee: FEMM
Amendment 50 #
Draft opinion
Paragraph 4 a (new)
4 a. Highlights the need to support the alleviation of all stereotypes and discriminatory behaviours via special programs, actions and campaigns involving Member States, social partners , NGO’s, institutions and parliamentarians;
2011/09/07
Committee: FEMM
Amendment 52 #
Draft opinion
Paragraph 5
5. Requests that in its forthcoming annual reports on the situation of fundamental rights in the European Union or in its accompanying documents, the Commission include specific data on how many women and how many men wrote the letters, questions and petitions receivdeleted;
2011/09/07
Committee: FEMM
Amendment 54 #
Draft opinion
Paragraph 5 a (new)
5 a. Regrets the relatively poor quality of data collected by equality bodies in some Members States, lacking disaggregation by ground of discrimination such as sex and age, or by thematic area, such as employment and education ; recalls the important role of the Fundamental Rights Agency in the collection and analysis of objective, reliable and comparable data on a variety of fundamental rights issues in the European Union;
2011/09/07
Committee: FEMM
Amendment 57 #
Draft opinion
Paragraph 5 b (new)
5 b. Calls on the Commission to better communicate on the type of complaints, letters, questions and petitions received from citizens concerning the application of the Charter; welcomes any concrete information on gender based discrimination complaints provided by the Commission to the Committee on Women's Rights and Gender Equality of the European Parliament for further analysis; requests that the Commission largely communicates its forthcoming annual reports on the situation of fundamental rights in the European Union, so as to increase awareness of the need for actions to combat democratic deficits and breaches of fundamental rights;
2011/09/07
Committee: FEMM
Amendment 60 #
Draft opinion
Paragraph 6
6. Calls for an audit of unfulfilled and outstanding pre-accession commitments that result in a breach of the Charter of Fundamental Rights by states that entered the EU in 2004 and 2007.deleted
2011/09/07
Committee: FEMM
Amendment 67 #
Draft opinion
Paragraph 6 a (new)
6 a. Calls on the Commission to find effective ways to follow up breaches of the Charter of Fundamental Rights, outstanding issues and specific cases of violations of fundamental rights and to carry out occasional audits in all Member States to identify unfulfilled commitments;
2011/09/07
Committee: FEMM