Activities of Hélène FLAUTRE related to 2012/2263(INI)
Shadow reports (1)
REPORT on the situation of unaccompanied minors in the EU PDF (238 KB) DOC (142 KB)
Amendments (25)
Amendment 1 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the decisions and case law of the Court of Justice of the European Union and of the European Court of Human Rights,
Amendment 4 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA,
Amendment 6 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third- country nationals,
Amendment 7 #
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
- having regard to Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification,
Amendment 8 #
Motion for a resolution
Citation 12 c (new)
Citation 12 c (new)
- having regard to the Commission communication to the European Parliament and the Council entitled ‘Evaluation of EU Readmission Agreements’ (COM(2011) 76 final),
Amendment 9 #
Motion for a resolution
Citation 12 d (new)
Citation 12 d (new)
- having regard to Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection,
Amendment 11 #
Motion for a resolution
Citation 14
Citation 14
– having regard to international instruments concerning the rights of children, particularly the United Nations Convention on the Rights of the Child, especially Article 3 thereof and the general comments, in particular that on the treatment of unaccompanied and separated children outside their country of origin (No 6),
Amendment 30 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that an unaccompanied minor is above all a minorchild who is potentially in danger and that child protection, rather than immigration control, must be the major consideration for States and the European Union when dealing with them; insists that the Member States comply to the letter with the international and European obligations which apply when a child is under their jurisdiction and which cannot be made subject to arbitrary restrictions, such as a stipulation that they do not apply in certain areas or regions;
Amendment 37 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls also that the overriding interests of the child, as enshrined in provisions and case-law, must take priority over any other consideration in any act taken with regard to them, whether by public authorities or by private institutions; calls on the Commission to propose a common reference framework, based on a set of indices, to assess what constitutes the overriding interests of a childthe guidelines set out in General Comment No 6 on the United Nations Convention on the Rights of the Child, to assess what constitutes the overriding interests of a child; the child must therefore be granted access to the territory of the European Union so that qualified and trained professionals can carry out a comprehensive assessment of his or her circumstances, in particular his or her nationality, education, ethnic, cultural and linguistic background, degree of vulnerability and specific protection needs;
Amendment 51 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the lack of reliable official data on unaccompanied minors; calls on the Member States and the European Union to establish a coordinated method for gathering information in each Member State, by means of platforms bringing together all parties involved in the problem of unaccompanied minors, and to draw up a list of national contact points; calls on the Commission to amend Regulation (EC) No 862/2007 so that the Member States can remove data concerning unaccompanied minors from the statistics they submit;
Amendment 60 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the European Union and Member States ought to step up their cooperation with third countries of origin and transit concerning the problem of unaccompanied minors, preventing their arrival, combating trafficking, irregular immigrationcombating trafficking, restoration of family ties, return and readmission, in the context of the regular dialogues conducted between the European Union and these States and the European External Action Service (EEAS); calls for unaccompanied minors to be excluded from the scope of readmission agreements in the light of the risk of human rights violations reported in the Commission communication entitled ‘Evaluation of EU Readmission Agreements’ (COM(2011) 76);
Amendment 73 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that combating trafficking in human beings is a necessary first step, as minors are particularly confronted with the risks of trafficking and exploitation and because action should be taken in third countries to tackle the root causes of trafficking; points out that minors who are victims of trafficking need special protection, and calls on the Commission to monitor as closely as possible the transposition and application of Directives 2012/29/EU and 2011/36/EU; welcomes the adoption of the European strategy on the eradication of trafficking and, in particular, the provisions on funding for the drafting of guidelines on child protection systems and the development of a good practice model as regards the role of mentors and/or representatives;
Amendment 87 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to devote specific headings to unaccompanied minors in the European Asylum and Migration Fund, particularly in the sections concerning refugees, the external borders and return, and in the European Social Funthereby making it easier to afford long-term guarantees concerning the protection of children, and in the European Social Fund, in particular with a view to supporting the regions affected;
Amendment 101 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to draw up, on the basis of these strategic guidelines, a European framework for the protection of unaccompanied minors which the Member States would use as the basis for their national strategies; calls on each Member State to designate a national contact point responsible for coordinating the drafting and implementation of the national strategy; calls on the Commission to set up a task force which would support the existing group of experts by monitoring the introduction of the European framework in the Member States and submit an annual report on that subject to the European Parliament and the Council;
Amendment 103 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that no child should be prevmay be dentied from gaining access to the territory or be sent back by means of a summaryf the European Union or be the subject of an exceptional procedure at the border of a Member State;
Amendment 107 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to comply strictly and without fail with the fundamental obligation never to place a minor in detention; calls on the Commission, in the light of the relevant case-law, to take great care when applying the provisions of EU law on the detention of minors;
Amendment 117 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that each Member State has a responsibility to identify unaccompanied minors; calls on Member States to direct them immediately to specialist social and educational services which must, on the one hand, assess the individual circumstances and needs of each minor and, on the other hand, provide them with all the information they need, in a language and form they can understand; calls on the Member States to make qualified interpreters available free of charge to unaccompanied minors at every stage of their dealings with the authorities;
Amendment 119 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Member States to organise for the staff of the authorities which deal with unaccompanied minors training courses to familiarise them with the specific needs of such minors;
Amendment 123 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Deplores the unsuitable and intrusive nature of the medical techniques used to ascertain age in some Member States; recommends that the Commission establish a common method for ascertaining age, consisting of a multidisciplinary assessment performed by independent, trained practitioners, and with minors always being given the benefit of the doubt; considers that it should be possible to appeal against the results of this assessment; points out that ascertaining age must not be a systematic measure, but rather a last resort in cases where the documentary evidence provided by and the testimony of the child do not provide proof that he or she is a minor; welcomes the work of the European Asylum Support Office (EASO) on this subject, which should be taken as a basis for dealing with all minors;
Amendment 149 #
Motion for a resolution
Paragraph 16 – indent 1
Paragraph 16 – indent 1
– access to appropriate accommodation: accommodation in a ‘centre’ should never be in a closed centre and, during the initial days, should be specialised in the reception of unaccompanied minors; this first phase, involving the provision of safe accommodation, should be followed by a stabilisation period during which minors are helped to become more independent; minors should always be separated from adults; accommodation with host families and in ‘living units’ should be encouraged when it is appropriate and accords with the minor's wishes;
Amendment 153 #
Motion for a resolution
Paragraph 16 – indent 2
Paragraph 16 – indent 2
– adequate material, legal and psychological provision must be made for them at every stage of their dealings with the authorities;
Amendment 157 #
Motion for a resolution
Paragraph 16 – indent 3
Paragraph 16 – indent 3
– the right to education, vocational training, and thus to work, and socio- educational advice;
Amendment 186 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Condemns the very precarious circumstances with which these minors are suddenly confronted when they reach the age of majority; calls on States to institute procedures for assisting and supporting these minors in their transition to adulthood; welcomes the work of the Council of Europe on this subject and calls on the Commission to propose common standards for the planning of ‘individualised life projects’ for, and with, the minor;
Amendment 189 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses firmly that the ultimate aim, once an unaccompanied minor has arrived in European territory, must be to seek an appropriate solution for him, which respects hisis in his overriding interests; recalls that efforts to achieve this must always begin withinclude an examination of the possibilities of family reunification, in particular in the European Union and when this poses no risk to the family; calls on the Commission, in that connection, to assess whether Article 10(3) of Directive 2003/86/EC is being implemented properly;
Amendment 199 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to propose a common reference framework outlining a series of conditions to be met before a minor can be returned, respecting in a manner consistent with the overriding interests of the child concerned; that framework should be based on the comparative study of best practices in the area of the return of minors published by the Commission in 2011, which contains a checklist and a compendium of good practices relating to the return of children; reiterates in the strongest terms that no decision to return a minor may be taken if it is not in his or her interests, if it endangers the minor's life, security or fundamental rights or those of his or her family, and that the individual circumstances of each minor must be taken into account; calls on Member States to establish(and of his or her family members, in the context of family reunification) must be assessed in detail; no return may be effected without the explicit consent of the minor concerned and if there is no tangible proof that he or she will be received in a manner respectful of his or her rights; calls on Member States to establish, in cooperation with international and non- governmental organisations, monitoring arrangements to ensure the protection and reintegration of minors after their return, in cooperation with countries of origin and transit; calls on the Commission, when assessing the implementation of Directive 2008/115/EC, to focus on its impact on unaccompanied minors, and in particular on the impact of Articles 10, 14(1)(c) and 17;